Episode 301- Freedom Always Finds a Way from Gun Lawyer

loopholes, firearm law, NFA trust, switchblade knives, forced reset triggers, machine guns, assault firearm ban, Third Circuit Court, SCOTUS, New Jersey, Second Amendment, gun rights, expungement, surveillance technology, AI.

SPEAKERS

Speaker 3, Evan Nappen, Teddy Nappen

Evan Nappen

I’m Evan Nappen.

Teddy Nappen

and I’m Teddy Nappen.

Evan Nappen

And welcome to Gun Lawyer. One of the things that I’ve observed through my 40-plus years in the area of firearm law is how important loopholes are to our freedom. You see, loopholes are simply freedom finding a way. Loopholes have proven over and over again to be the penetrator to breaking freedom out of its imprisonment by the oppressive governments like the state of New Jersey that constantly work at oppressing our Second Amendment rights. We’ve seen loopholes have this effect in different areas, and I think we’re going to now see even more interesting approaches as we win on the various case law challenges. It opens the door for further challenges and things that get covered or not covered by way of various loopholes, end up getting the freedoms that we desire.

Evan Nappen

So, let me give you some examples that have previously occurred, just to show you not necessarily New Jersey itself, but how loopholes can get freedom. For example, at one point under the National Firearms Act, there was a requirement that Chief Law Enforcement (CLE) officers had to approve applications. And if the chief law enforcement officer did not sign off on it, you could not then possess whatever you were going for under the National Firearms Act, whether it was a suppressor or machine gun or shortbow rifle. Whatever it was, the forms needed this CLE sign off, and for any reason they could deny it. There was no way to even appeal it, and you were stuck. It got realized that if you formed what was called an NFA Trust, there was no sign-off on trusts. There was no CLE sign-off on trusts. And that became the preferred method of acquiring NFA. Because not only was there no Chief Law Enforcement officer sign off, but also, you maintained privacy even further from doing it by way of a trust. So, 10,000 trusts were later filed with the federal government, and they finally put forward Rule 41P that got rid of the requirement for having a Chief Law Enforcement officer sign off at all. Whereas prior to that, they wouldn’t get rid of it, but the loophole paved the way. So, when it comes to NFA, they’re simply given notice, but there’s no requirement that they approve it. Page – 2 – of 12

Evan Nappen

And you see again, for example, prohibitions nationally throughout various states that existed on switchblades. Switchblade knives being a knife in which the blade comes out automatically because of a button or other device in the handle of the knife. The assisted opener was invented, where there’s no button in the handle but merely pushing the blade, and the blade still opens automatically. But with no button or other device in the handle of the knife. So, you could, in fact, open the knife automatically, just not without that button. It got around the federal switchblade laws and State laws. Even now you can have an assisted opener in New Jersey, even though there’s technically a prohibition on switchblades. And what we saw was many states, after these knives have become so prolific out there and commonly owned, that the switchblade laws have been repealed in the overwhelming majority of states. Now, New Jersey has not yet repealed their switchblade law, but it is on death’s door, frankly, as well. We have Second Amendment challenges, and nationally, there’s so many actual automatic knives now out there, due to the understanding of the loopholes to the Federal Switchblade Act as to how they could still be produced, how they could still be sold. Not in states that have specific bans, but they’re prolific. And that challenge is underway as well. Again, loopholes paving the way.

Evan Nappen

I think what we’re looking at now is another battleground of loopholes that are going to come in very much in our fight for legalizing, eventually, machine guns. As you know, we’re all very excited about New Jersey’s assault firearm ban going down in flames as unconstitutional, and magazines going down as well with it. With that fantastic decision out of the Third Circuit Court of Appeals that we’ve discussed. Of course, that now opens the door for further challenge. The U.S. Supreme Court, SCOTUS, have granted certiorari on the issue of assault firearms under the Viramontes and Grant cases. So, by next June or so, we’ll have federal case law on it. I’m extremely optimistically looking forward to that decision, and I think the stars have really lined up. Even New Jersey’s decision is going to aid the U.S. Supreme Court in its decision. And, in all likelihood, I mean, nothing’s ever certain, but it seems to be extremely in our favor. The antis are crying about it and essentially throwing the towel in for the most part, realizing that their entire gambit of banning semi-autos is going to die, and thank God it will. But of course, that now opens up including when you.

Teddy Nappen

I will say.

Evan Nappen

Go ahead.

Teddy Nappen

Well, what I was going to say is that I think we need to take a page out of the antis and a lot of the progressive movement. We need to push further and further. Like, don’t give up the ground because now we’ve won the battle on the assault firearms.

Evan Nappen

Oh, we’re not giving up. Page – 3 – of 12

Teddy Nappen

Keep pushing to that extent.

Evan Nappen

Plow forward hard, and we’re going to. One of the ways that we’re going to do this, I also believe, is with incremental important fights and with loopholes on our side. Loopholes. Again it’s that freedom finding a way. One of the most interesting loopholes out there when it comes to machine guns. Now keep in mind. We have a separate fight going on from the Big Beautiful Bill that eliminated the tax on NFA items of suppressors, short barrel rifles, any other weapon, etc. Now, they did not remove the tax yet on machine guns. But in the Big Beautiful Lawsuit, we’re challenging, as we’ve discussed in other shows, the very jurisdiction of the NFA. If there’s no tax, there should be no law. If we’re successful there, then the machine gun ban can die federally by simply in a reconciliation bill removing the tax on machine guns. You don’t have to even repeal machine gun law to simply get rid of the tax. So, that’s what can happen. And that can avoid the filibuster in and of itself because that can just be done in a reconciliation bill because that’s directly on taxation.

Evan Nappen

But in a separate attack that we have, in a separate way of going at this, is the idea of the incrementalism that loopholes create. One of these great loopholes that exists when it comes to machine guns is what is called Forced Reset Triggers (FRTs), and these have really come a long way. Now. FRTs, as they’re known, make it so that the trigger is reset with force, so that you can very quickly fire again your shot, in which a shot is still required to be pressed for each pull of the trigger, but the forcing of the reset makes it so that you can fire extremely fast. So fast that, for all intents and purposes, it duplicates the speed of fully-automatic fire. But speed of fire is not the federal law. It is based upon having to pull the trigger for each shot.

Evan Nappen

And in the Fifth Circuit, FRTs, in the case out of the Fifth Circuit were found not to be machine guns. They do not make semi-automatic firearms machine guns. So, under federal law, you see that FRTs are very popular now in many, many states. They have evolved to where, for example, FRTs on AR-15 platforms are now created in what are called three-position safety FRTs. The three-position safety, for those of you familiar with how an AR-15 works, the safety on ARs will rotate to three positions. You have the “fire”, then you have “safe”, and then you have what’s called the “happy switch”, where on the complete roll around, it will go full auto. Well, they now have FRTs that, in the third position, will put the AR in a forced reset trigger position. You can then fire at that very rapid rate of fire. Essentially making it indistinguishable from fully automatic fire in effect, but mechanically, the trigger is in fact being pulled technically for each shot. These FRTs have developed to where they’re extremely reliable. It’s quite an amazing innovation, so that you can have an AR-15 that essentially functions like a fully automatic AR-15, but it’s not fully automatic. It utilizes the three position that an M16 would in fact use or an M4 that’s fully auto type AR would use. But it doesn’t technically fire fully automatic because each shot is being pulled for every shot being fired. Even though it’s done by way of this forced reset. Page – 4 – of 12

Evan Nappen

So, the interesting question is: are forced reset triggers legal in New Jersey? Let’s explore that question right now. When you look at New Jersey’s ban on machine guns, New Jersey prohibits machine guns under N.J.S. 2C:39-5, specifically under subsection a., which says: Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided under 58-5, which is the machine gun license, is guilty of a crime of the second degree. Now that 58-5 license actually is license to carry and possess machine guns and assault firearms. Oh, wait a minute! If the assault firearm law is unconstitutional, and the license for an assault firearm is the same license for a machine gun, oh my! Look what door has just opened in New Jersey when it comes to getting a machine gun / assault firearm license. There’s a path to be taken there, but that’s a discussion for another day.

Evan Nappen

Let’s stay focused on FRTs. The machine gun is defined in New Jersey under N.J.S. 2C:39-1. section i. Under the 39-1.i definition of machine gun, it says. “Machine gun means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means for storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom. A machine gun also shall include, without limitation, any firearm with a trigger crank attached.” Okay, well pressed for each shot. Well, guess what? With a Forced Reset Trigger, you are pressing the trigger for each shot. Now, before you get too excited about that, New Jersey, of course, has taken a position, which we’ll discuss in a moment, about how they’re viewing that definition. However, the fight is on. The fight is on.

Evan Nappen

But let’s continue. First of all, is an FRT a trigger crank? Well, a trigger crank is defined under section ff. of 39-1. It says a trigger crank means any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion. It does not include any weapon initially designed and manufactured to fire through the use of a crank or lever. So, Gatling guns are legal in New Jersey because they’re designed from the beginning with a crank. A crank that you attach to a semi-automatic firearm is specifically banned and placed within the machine gun definition. But an FRT is not a crank.

Evan Nappen

What else does New Jersey prohibit? It prohibits a “bump stock”. What’s a “bump stock”? Well, that’s any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. And as you know, bump stocks are stocks, and they utilize the recoil in that way. A Forced Reset Trigger isn’t working in that mechanism either, and that can be demonstrated as well. So, cranks or bump stocks themselves, mere possession of them, are prohibited under N.J.S. 2C:39-3, subsection l. You have separate prohibitions on those items. Furthermore, the law states that a conviction for possessing them doesn’t merge with a conviction for possession of an assault firearm. However, possession of an assault firearm is unconstitutionally going to go down the tubes, as we know, from that great decision out of the Third Circuit Court of Appeals. So, we’re simply dealing with cranks and bump stocks as standalone prohibited items, but not assault firearms. Page – 5 – of 12

Evan Nappen

But the question becomes: Does New Jersey still ban Forced Reset Triggers? Interestingly, when AI is asked about this, when AI is questioned, for fun, I thought I’d ask AI about it. And what AI says, particularly Gemini, if you’re interested, it says the state prohibits them by treating them as machine guns and machine gun conversions under New Jersey statutes 39-1 and 39-5. Then it goes to cite New Jersey’s machine gun classification and statutory provisions and enforcement position. Okay, let’s look at each one. Machine gun classification. New Jersey law enforcement and the Attorney General’s office classify FRTs as illegal machine gun conversion devices because they enable semi-automatic weapons to fire multiple rounds continuously with a single function of the trigger. Okay, guess what? We have a fight on our hands with that. That is their position. Keep that in mind. If you’re caught with one in New Jersey, the state will make that claim. However, as you can see from the actual definition, we have excellent grounds for arguing that they are wrong. We don’t have case law establishing it yet, but loopholes help find the way.

Evan Nappen

Statutory provisions. They’re claiming that 39-5 prohibits possession of machine gun or any device that converts a firearm to a machine gun. Well, we just determined that it’s about pressing a trigger, and the trigger still is pressed with an FRT. So, that part of AI seems to be no good. I brought that up in my continuing conversation with AI, and AI responded. You point out, which I am pointing out, that a central distinction that gun rights advocate and federal courts have leveraged to argue FRTs are not machine guns under the Federal Firearms Act, a machine gun is defined as a weapon that fires automatically by a single function of the trigger. Because an FRT physically resets and forces a shooter to apply distinct pressure for each shot, federal courts like the Fifth Circuit have ruled FRTs require a separate trigger function per round and thus fall outside the federal definition.

Evan Nappen

However, New Jersey law applies a different statutory standard and circumvents the single function trigger loophole. Really? I thought it just said distinct pressure for each shot. What the hell is AI even talking about? Well, they’re claiming that New Jersey has different statutory language. They’re saying machine gun means any firing mechanism, not requiring that the trigger be pressed for each shot. AI makes that bold. Yet we know that it does. So, where are they coming from with this? Well, they’re giving a legal interpretation that the state’s legal argument tries to distinguish between pressed and pulled. The state’s position is that the New Jersey Attorney General and state prosecutors argue that with an FRT, the shooter applies one continuous undivided downward pressure with their finger. Because the firearm’s internal recoil energy forcibly resets the trigger against the finger, the shooter does not deliberately release and consciously press the trigger again for each shot.

Evan Nappen

However, they’re saying, and again, it says conclusion. Therefore, the state views the continuous rearward pressure of a single finger squeeze as a single continuous act, meaning the shooter is not actively pressing the trigger for each individual shot. Even though what’s happening is what? The trigger is being pressed for each shot. Ha! Battleground, right there, my friends. Battleground. Not determined yet. I don’t think you want to be the test case, but the fight is there to be had. Page – 6 – of 12

Evan Nappen

Aggressive multi-state litigation. New Jersey actively defends this strict interpretation, and yes, they will. The state led a coalition of 16 states urging that the Fifth Circuit reverse federal rollbacks on FRT bans. Explicitly stating that FRTs are new, but mechanical principles which they operate are not. They say the state maintains FRTs are fundamentally designed to evade automatic weapon restrictions and fall squarely within the state’s sweeping definition of rapid fire modification. Well, you’re right. They do evade it. They evade it by following what the law requires and finding the loophole that finds the freedom. The argument is there.

Evan Nappen

Then, in my questioning of AI, it said you said, “Does New Jersey ban FRTs, and if so, how? They say yes. New Jersey bans FTRs. The state prohibits them by treating them as machine guns. We’ve gone through again in this loophole of a loop, how and why. Then AI puts forward Senate Bill 2097 specifically bans binary triggers as well. Well, guess what? That didn’t pass. Ah, but they claim that binary triggers falls under the same legal arguments because you’re releasing, not pressing. You can see the battle. What makes this so fascinating, my friends, is that this is now going to become a hotter topic for New Jersey. As we see the death of the 36-year-old assault firearm ban and semi-automatics not being treated in any different way. We then see these fronts, these battlefronts opening up for challenging New Jersey’s machine gun definition, which can occur through their still existing licensing law, and can occur through the battle of the loopholes under FRTs and binary triggers. We are seeing glorious opportunities before us to destroy New Jersey’s gun rights oppression. And that is the power of loopholes. Let me also. Go ahead, Teddy.

Teddy Nappen

What I was going to say is, what’s going to come next is basically once we achieved it, where machine guns are legalized and we’ve basically knocked all their laws out. This is goes back to what the the Democrat Socialists put out, and then they’re gonna go for trying to abolish the Second Amendment.

Evan Nappen

That’s right.

Teddy Nappen

But that’s the whole idea. The whole argument of how we won on dealing with the assault weapon ban was the “common use”. So, I think just continuing to flood the market and to make sure guns outpace the population is the only way we’re going to ever protect the rights. Just manufacturing and outpacing them.

Evan Nappen

The more commonly owned, the better.

Evan Nappen

Hey, I want to tell you about our good friends at WeShoot. They have something really cool. They have the Civilian Shoot House Training, and that will be taking place on Friday, August 14, eight a.m. to Page – 7 – of 12

noon. This is something new at WeShoot. This is not a beginner class. This is where training becomes real. WeShoot’s Civilian Shoot House Training is built for people who understand one thing: real situations don’t happen standing still on a lane. You’ll learn how to move through your home, how to clear rooms, how to make decisions under pressure the right way. What you’ll learn in the Civilian Shoot House Training is room clearing fundamentals, shooting while moving, target identification under stress, proper use of light and positioning, operating solo or as a team. Now, this is the kind of training that helps you protect your family and avoid tragic, life-changing mistakes.

Evan Nappen

This training is ideal for homeowners and parents, houses of worship security teams, armed guards, civilian groups, anyone serious about real-world defense. And you’ll be training with the real deal. You’ll be training with Jim Weinberg, who’s got 30 years of law enforcement experience with SWAT, USERT, and Todd Friedman, retired detective lieutenant, special operations. He’s led 500 tactical entries, over 500. Scott Benito, a 25-year veteran, former lieutenant, tactical team leader. Ryan Benito, an Army combat veteran, 173rd Airborne, CQB instructor, master breacher. Andy Tkach, retired captain, firearm instructor, city SRT team member, instructor, police academy instructor, and municipal counterterrorism coordinator.

Evan Nappen

This is the kind of quality training you will receive from WeShoot in their Civilian Shoot House Training. These are instructors who have done it in real life, and they will teach you how to do it right. Listen, folks, the bottom line is this. Shooting is one skill; moving safely through your home is another. If you’re serious about protecting what matters, this is your next step. Keep in mind, spots are limited. Secure yours now. Go to weshootusa.com. Check out their fantastic website. It’s the greatest range. Teddy and I shoot there. We love it. Wwe get our trainings, where we get our certifications, and you can too. Whether you’re a beginner or advanced, WeShoot is a place for you. Conveniently located in Lakewood, right off the Parkway. Easy to get to, and a great resource. Take advantage of this resource at WeShootUSA.com. That’s the range you need to go to in New Jersey.

Evan Nappen

Let me also tell you about New Jersey Gun Law. That’s my book. The Bible of New Jersey Gun Law. Everybody needs a copy. Get your copy at EvanNappen.com. It is a question and answer goldmine to fill you in and make it so you don’t become a GOFU. If you want to avoid that, you need the book. That’ll help you do it. Hey Teddy, what do you have for us in Press Checks?

Teddy Nappen

Well, as you know, Press Checks are always free. We always like to check out our friends at AmmoLand, and they point out something that’s again very scary. If you’ve seen the news, all the big talk is about Flock Cameras. (https://www.ammoland.com/2026/07/flocks-flying-cameras-how-300-million-drone-deal-turns-america-into-an-always-on-surveillance-grid/) Typically, there’s a bill aiming to stop.

Evan Nappen

What is a “Flock Camera”, Teddy? What is it? Page – 8 – of 12

Teddy Nappen

It is basically a highly advanced surveillance system that tracks, uses facial recognition, biometric identifications, and any other . It uses high level technology of capturing, analyzing, retaining.

Evan Nappen

So, what are these cameras that are put all over the place?

Teddy Nappen

So, they’re looking to. Right now the network has surpassed 100,000 cameras. They are operating more than 500,000.

Evan Nappen

One hundred thousand cameras doing facial recognition, tracking, surveillance. Is this like Big Brother happening?

Teddy Nappen

It is. And unfortunately, the Big Brother is very retarded. There have been many issues, including the fact that they’ve had the network be exposed, where you can get live feeds of the flock cameras. It’s amazing what you can find at a bunch of cameras pointed at, oh, you know, schools, playgrounds. That’s not going to be abused, and also it makes mistakes and false.

Evan Nappen

And people are hacking into them, aren’t they?

Teddy Nappen

Repeatedly, yes. And they’ve had.

Evan Nappen

Well, wait a minute. If you’re not doing anything wrong, what do you have to worry about?

Teddy Nappen

Well, it was pointed out in the article that this is important for the Second Amendment because it’s tracking license plates where it’s logging in, arriving and departing gun stores and gun shows and shooting ranges.

Evan Nappen

Oh, New Jersey would never do that. Oh wait, they did. They did it at gun shows, even in out-of-state gun shows. Oh my.

Teddy Nappen

Correct. Page – 9 – of 12

Evan Nappen

Oh my. And that’s without the aid of Flock Cameras.

Teddy Nappen

Correct. And apply that now to not only building profiles where they’re going to determine oh this person’s a gun owner. So that obviously means they’re going to make the calculations think you’re carrying, and they’re going to wait until a moment when you’re in a “sensitive place” and try to bust you then. Doing this data tracking.

Evan Nappen

Well, you’re not supposed to be in a “sensitive place”, Teddy.

Teddy Nappen

Yeah, I know. It’s almost like you know things happen.

Evan Nappen

And not only that, they use Wi-Fi to determine if you have a gun.

Teddy Nappen

Correct. And then marry this with AI with a new thing called Signal Trace. It comes by the Leonardo USA Cybersecurity Company. So, this company, they use the Signal Trace. It’s a software system for identifying groups of consumers using multiples of the electronic devices. So, say that you have a smartwatch and a phone, or even your car, and all of that is accessible through the Signal Trace, where they develop large-scale profiles of individuals that they are tracking on these cameras. Now they understand. Oh, this person’s a gun owner. This person carries. This person’s going to have a whatever carry package.

Evan Nappen

Wait a minute. I’ve got a question. I see, but are there any like countries that might be like authoritarian and really mean to their people that might be using technology like this? There isn’t any countries doing that now, is there?

Teddy Nappen

China, Russia.

Evan Nappen

China and Russia.

Teddy Nappen

UK.

Evan Nappen

I see, and the UK, of course, of course. Page – 10 – of 12

Teddy Nappen

These are various nations for that they’re going to abuse it. And by the way, they’ve come out and said they’re not talking about combining the two systems of Signal Trace. There’s no official contract, but let’s be real. The fact remains AI.

Evan Nappen

Anything Government can abuse, they will abuse. That’s an iron law of Government abuse. Who’s kidding who? And by the way, if you’re not doing anything wrong, you’re not doing anything wrong till somebody decides that what you’re doing is wrong, and now it’s wrong in their book.

Teddy Nappen

I’ll give you a one example. Well, they bought Aerodome, which is a drone package. So, now it’s going to be a mobile Flock Camera, calling it the Alpha.

Evan Nappen

Oh, wow! Everywhere! Flying overhead. Anywhere, everywhere, constant surveillance. That’s just lovely, lovely.

Teddy Nappen

Yes.

Evan Nappen

Who wants to live like that?

Teddy Nappen

Yes. So, Big Brother is out there, and I’m pretty sure there are a few videos on how to do drone hunting. So that’s going to be fun. Yeah. You know, when Amazon was doing that, it was skeet shooting with prizes.

Evan Nappen

Ha, ha! Well, you know, there’s a federal bill I understand to try to ban these.

Teddy Nappen

Correct. It’s the Protection Against Mass Surveillance Act (H.R. 980). (https://www.ammoland.com/2026/07/burchett-bill-flock-cameras-gun-owners/)

Evan Nappen

Well, damn, we need that bill.

Teddy Nappen

Yeah, no, no kidding.

Evan Nappen

It’ll be a federal prohibition on this nonsense? Page – 11 – of 12

Teddy Nappen

All federal agencies will be prohibited from using automated surveillance system to identify, track, or record individuals.

Evan Nappen

Oh, I’m sure the state of New Jersey will happily do it, though. It sounds right up their line.

Teddy Nappen

Yeah.

Evan Nappen

But at least if we get the feds to maybe even make it preemptive. It should be a federal law that preempts the area, so that’s nationwide and preemptive. So, you kill it for the whole country.

Teddy Nappen

Yeah, and this is where. Again, this is the marrying of what will come because we can have all these fights and win and get all the loopholes, but this combined with AI of what they’re going to do, they will just track, and they know how many guns without even having to do the right process.

Evan Nappen

It’s scary. It’s scary stuff.

Teddy Nappen

They won’t even need to do the paperwork even. It’ll just have an AI.

Evan Nappen

You know, technology is advancing so fast with all this. You’re combining AI and drones and Flock cameras and this targeting ability. I mean, you know, we’re not too far from RoboCop. And that also includes actual robots coming our way. Then you combine robots with Flock and drone and AI, and you see we’re entering into a sci-fi horror show here.

Teddy Nappen

Yeah.

Evan Nappen

They better get the federal laws on this stuff, man. It’s spooky. It’s scary. It is not how I grew up. I’ll tell you that. It’s bad news. Bad news.

Evan Nappen

Well, I want to tell you about this week’s GOFU, which is of course the Gun Owner Fuck Up. It’s important. We always study GOFUs. You don’t want to become a GOFU. GOFUs are expensive lessons that others have learned that you get to learn for free, so you don’t repeat them. And let me tell you, these are actual cases, clients and real scenarios. I’ll tell you something I’ve seen a lot of lately. Page – 12 – of 12

Folks that are doing their own expungements. If you have a record that needs to be cleared, I absolutely do not advise doing it yourself. You need a professional to get your expungement done right. There’s a lot of nuances to getting expungements done right, and when they are done wrong, it is a nightmare. It is a nightmare to fix it, and it creates escalating problems.

Evan Nappen

Let me give you an example. You get an expungement, and you don’t clear all your records. You think you have. Next thing you know, you’re jammed up on your gun application for lying on the form. You’re looking at five years in State Prison for lying on the form because you wrote “no” when you should have wrote “yes”. You thought you were expunged and you weren’t. You get an expungement. You actually get everything cleared, but you didn’t realize that you had to wait for the State Police to also scrub the record. No one told you that. You thought it got done, but the database comes up that you have a record. You’ve said “no”. Now the entire system comes down on you for lying. License denial, gun forfeiture, revocation. You’ve got to fight it all off. Again, giant problem.

Evan Nappen

Even if you get the expungement order, you don’t realize the record hasn’t been scrubbed. Your local issuing authority recognizes the expungement, and grants you the license or permit. You then go to the dealer to buy, but get denied on the NICS check because the database still has it in it. Now the feds are on your ass, and the entire escalation comes down on you for that. We see these scenarios over and over again. If you or anybody you know needs an expungement, get it done professionally. There’s too many pitfalls, problems, and nuances in doing it properly and correctly. Believe me, we see that downside. Don’t be a GOFU.

Evan Nappen

This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Speaker 3

GunLawyer is a Counterthink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [email protected]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

Downloadable PDF TranscriptGun Lawyer S5 E301_Transcript

About The HostEvan Nappen, Esq.Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

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