Episode 308-One Gun A Month… On The Chopping BlockAlso Available OnSearchable Podcast TranscriptGun Lawyer — Episode TranscriptGun Lawyer Transcript – Episode 308SUMMARY KEYWORDSGun Law, Handgun Ban, Second Amendment, Summary Judgment, New Jersey, Constitutional Rights, Firearms Regulation, Licensing, Civil Rights, Derivative Disarmament, Public Safety, Legal Advice, Gun Ownership, Criminal Law, Court CaseSPEAKERSSpeaker 2, Evan Nappen, Teddy NappenEvan Nappen  I’m Evan Nappen.Teddy Nappen  And I’m Teddy Nappen.Evan Nappen  Yes, you are, and welcome to Gun Lawyer. We have a lot of interesting things to discuss at this time. You’re going to want to know. Very important. New Jersey’s one-handgun-a-month law is on the chopping block. I believe, on its deathbed. We have a fascinating situation that has developed here, and that is regarding the challenges. There are multiple challenges to New Jersey’s one-handgun-a-month ban. Now, this is also from a great article in AmmoLand, one of our favorite two-way news sources, and this is article by Duncan Johnson, which you can read. (https://www.ammoland.com/2026/09/new-jersey-one-handgun-a-month-ban-challenge/?utm_source=Ammoland+Subscribers&utm_campaign=f650d620f6-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_6f6fac3eaa-f650d620f6-21268623)Evan Nappen  It says, “New Jersey’s One-Handgun-a-Month Ban Faces Summary-Judgment Challenge”. And what we’re talking about here is this. There were, I guess, at least two cases challenging the one-handgun-a-month New Jersey ban, where you can’t buy more than one handgun in 30 days. Now, I’ve always tried to look at New Jersey’s one gun a month law as a requirement that you buy at least one handgun a month, but that, of course, is not the intent of the law. And you have FPC, which is Foreign Policy Coalition, NRA, GOA, you know, Gun Owners America, and other gun rights plaintiffs. They’re in federal court, and they’re looking to have New Jersey’s one handgun a month restriction shot down, so that you can buy as many handguns as you wish without being restricted in a time frame.Evan Nappen  New Jersey has had this one handgun a month law since 2009. You can find it under N.J.S. 2C:58-3.(i), and what it states there is that only one handgun may be purchased or delivered on each permit, and no more than one handgun shall be purchased within a 30-day period. So, this statute restricts the number of handguns. There’s no restriction, by the way, on long arms. This has been just another outrage of the salami tactics used by the gun rights oppressionists, and we have these two cases that are challenging it. Now, what makes this really fascinating is the power of Bruen and the trifecta that we’ve seen of the empowerment of the Second Amendment. The test of constitutionality has now led to us being the good guys, able to file what is known as a Summary Judgment brief, meaning that there’s no need for a trial, and the court can simply rule on the issue as a matter of law, which does very much expedite the process. The reason that that is now being able to be done, and it’s what is being attempted here in knocking out this infringement on our Second Amendment rights, is as follows. Now, New Jersey, the Second Amendment, the text of the Second Amendment, which now applies to states, you know, began with Heller, then you had McDonald that incorporated it to the states. So, New Jersey regained Second Amendment protection, which did not exist prior to the 1960s, when the court actually found, believe it or not, the New Jersey court at the time that the Second Amendment didn’t apply to New Jersey. Well, too bad it does. Big shock.Evan Nappen  And now that it does. The Second Amendment and the way you test laws today on that, the question first becomes: Does the Second Amendment cover the proposed conduct that the State is attempting to regulate? In this case, does the Second Amendment apply to the purchase of handguns and possession of handguns, and it plainly does. There’s no question it does. And once that happens, once that’s acknowledged and it’s readily apparent, the burden then shifts. This is critical. The burden of proof then shifts to New Jersey in this case, or to the Government to establish that its restriction is consistent with the nation’s historical tradition of firearms regulations, what we call text, tradition, history, etc. You have to show a historical analog, in other words, an old gun law from when the Second Amendment was enacted, or maybe at best from the 1860s, that had a law that said you can’t buy more than one gun within a month, or some analogous law to that.Evan Nappen  And what makes this really great is that New Jersey, the State of, retained two historians, Brennan Rivera and Robert Spitzer, and both of their experts acknowledge the central historical problem that laws like New Jersey’s handgun rationing mandate did not exist in the early days of our country’s history. It didn’t exist. And because they cannot meet this burden, it is a matter for summary judgment that the law is unconstitutional. Because if the State can’t meet the burden, then the law falls as unconstitutional. That is the power of the Bruen constitutionality test. Most interesting, there’s a recent precedent in Bonita, the Bonita case, out of the Ninth Circuit in California, which struck down California’s one firearm per 30-day law, so there’s even precedent where the same problem. And in California, they tried to argue so-called historical analog, including gunpowder regulation. They tried everything: licensing schemes, taxes, dealer records, Native American trade restrictions. I mean, they always fall back to the, you know, racist arguments. The Left always tries to claim they’re the champions for race, and yet they happily rely on racist gun laws of the past, which don’t cut it anymore. And none of them could establish a historical cousin for the law.Evan Nappen  Therefore, you know, New Jersey now is extremely well positioned, especially considering that we’re dealing with the Third Circuit that recently put forward the fantastic decision in which the semi-automatic ban and the magazine ban were found unconstitutional in the full court en banc decision finding the unconstitutionality of those laws, so the stars have aligned quite nicely here. I am optimistic here that we will finally see the death of New Jersey’s one gun a month as the continuous pounding of the power of the newly, relatively speaking, newly empowered Second Amendment does its job, destroying infringement after infringement.Teddy Nappen  When they were bringing in that law, the one gun a month. What was the Left’s key argument at the time? What was the thing they always try to push in that?Evan Nappen  Well, one of the absurdities they tried to push is that individuals would put in for a whole bunch of New Jersey pistol purchase permits. I mean, we’re talking individual paper, right? You know what it takes to buy a handgun in New Jersey. You have to put a full application process. Then the permit registers the gun, and the form of register is to the purchaser who acquired. Then it goes to the local authorities. It’s on file with the dealer, and it goes to the State Police, and it’s entered into a state police database. Okay, that someone’s going to go and get all these permits, buy a whole bunch of handguns so they can sell them on the streets. This is the absurdity. No one does that. Nobody done that, which is itself an offense anyway. That was the best they could do. Best they could do. There is no, there is no even reasonable reason for this, other than to try to create various burdens on those that want to exercise their Second Amendment rights. It’s what the oppressors do. This is what they do. So the law is ridiculous.Evan Nappen  Now there is ability, supposedly, if you want to acquire a collection or something else. You could then file a separate application for permission to acquire more than one gun within 30 days. But it is absolutely nowhere to be found in our historical text history and tradition. The burden is on New Jersey, and their own experts acknowledge that it doesn’t exist. It makes it ripe for summary judgment, and with a summary judgment giving us hopefully a victory on eliminating this. So that yeah, at the moment, you still need to get permits for any handgun you want to get, but you won’t be limited to one in 30 days.Teddy Nappen  It’s kind of it’s very if you kind of think of the logic behind it, where they’re trying to okay, what is this actually accomplishing in their eyes? Because they’re saying, oh, they’re gonna someone’s gonna sell industry. Okay, that’s already a crime. You’re not curtailing the person’s still buying the gun. They still have to go through the paperwork. Still getting rid. Still meeting all the criteria. So, in what scenario is this curtailing crime?Evan Nappen  Teddy, you can’t. The problem with your question is that the premise is that you’re somehow giving the benefit of the doubt, for no reason, by the way, to those that want to oppress our rights, as having any real reason based in public safety or any kind of actual logical argument for doing this. The reason they’re doing it is to oppress us. Period. End of story. There is no other logical, rational, statistical nothing that backs their claims. Nothing. It’s just well, the legal term is bullshit. That’s all they have, and this is going to go. It’s got to go. There’s no rational reason, even in terms of the old constitutional question of, you know, is there a rational basis? And because that was so broad in the old days, you know, if you said, well, because if the aliens from outer space attacked, we need this or some insanity, well, okay, you know it was so. Those days are dead and gone. There’s no reason for this. They can’t justify it.Evan Nappen  And one thing for sure, they can’t meet this burden that has now empowered the Second Amendment, and they couldn’t even come up with a lie, you know, even lies to support why this is necessary. Let’s face it. Once you’re qualified to have one handgun, you’re now a handgun owner. So, what does getting another handgun have to do with anything? And look, the most guns you can hold at one time in your hands, assuming you have two arms and two hands, is two guns. So, what difference does it make how many firearms a person owns once they’re approved? And that’s the other underlying problem they have. Every person with a handgun purchase permit is approved to purchase a handgun. Why are they now suddenly prohibited on buying another one in 30 days? What does that have to do with anything other than some bizarre argument of which nobody has ever done this that decides? Yeah, we’re going to have a whole bunch of papered guns that’ll go right back to my name, go out into the street because I’m going to sell them illegally, right? Which is already a crime anyway, so it’s nonsense. That’s why, Teddy.Teddy Nappen  Okay, yeah. It’s the the logical fallacy is false premise. By the way, that’s the I was trying to get at is they start with a false premise and there you fall false logical trails.Evan Nappen  You’re absolutely right. It is false, logical fallacy, and they specialize. Their party should be called the logical fallacy party. I think that would be very fitting. You know, there’s another term I want our beloved listeners to know, and it really applies. I haven’t seen the term used before, but it is really right on point. It’s called “derivative disarmament”. It’s a no-fault loss of gun rights. Now ,this is directly from NRA-ILA, where they’re talking about derivative disarmament, and it’s a word that we, as defenders of our Second Amendment rights, need to know. Because New Jersey partakes in derivative disarmament and having the correct language that explains it is very important. Derivative disarmament is when somebody else in a household may be disqualified from having a firearm, possessing a gun, and then they say everyone in the household is disqualified. It’s a derivative disarmament that somehow you forfeit your individual rights because somebody else in the household has lost their rights. And New York is all over this, by the way, and they even have built into their laws where they look into the status of persons other than licensees, but you know this happens in New Jersey as well.Evan Nappen  We see derivative disarmament happening where there is attempts by New Jersey to say that a person loses their Second Amendment rights, because somebody else in the household is prohibited, and they use the public health, safety, welfare disqualifier, which is so vague and so broad. I call it the all-inclusive, miscellaneous weasel clause. This is an area of major abuse, and New Jersey attempts to abuse public health, safety, welfare by creating derivative disarmament. So, beware of that. We fight these battles not infrequently. Let me tell you, where they try to stop individuals, and some counties are just notorious on pursuing derivative disarmament. So, it’s something to know. And now we have a label that actually gives power in our fight over that.Evan Nappen  I want to tell you. You know, we deal all the time with such insanity and prejudice and hype and nonsense that just is astounding. And when I see an example of it, I just want to bring it to everybody’s attention because it just illustrates the absurdity. So, Fox News, you know, they have a website where they put headlines. You know Fox News has many different ways of broadcasting their news. They do podcast. They have, of course, the cable channel and Fox Business, and there are so many Foxings. But one of the things they have is they have Fox News on their website, where you can see various stories, articles. Here is the headline from Fox News. Ready, folks? This is the actual headline from Fox News by Kelly McGreal. Here’s the headline: Airport X-ray shows terrifying object taped in carry-on to skip checked baggage fee. (https://www.foxnews.com/travel/airport-x-ray-shows-terrifying-object-taped-carry-on-skip-checked-baggage-fee) What terrifying object, my friends? What terrifying object? Wait, wait, wait, wait, no. Was it a, was it a, was it a picture of Kamala maybe?Teddy Nappen  No, no, no. It was a picture, it was a picture of Woody and Buzz because he has a holster on the side. Not a gun.Evan Nappen  I don’t know No, no, no! Brace yourself! And if anyone is easily terrified, don’t say I didn’t warn you. The terrifying object, and you can go to Fox News and you can see an actual picture of this horrific thing, and what it is. No joke. Brace yourself. It is a Chinese-made pocket knife that is a knockoff, essentially, of a Swiss Army Classic, in which the blade on the terrifying object, because they actually show the knife on a ruler, on a ruler, and the blade length is about one inch, and even being generous, one inch three quarters, not even a two inch blade. It’s that super small, little Classic that so many people have on their keyring. Only this is the cheapo Chinese version with the silver handle. This terrifying object is so terrifying that not only does it have that blade under two inches on it, but it also has a scissors. It has a mini scissors, and really terrifying, a nail file. A nail file is in that little keyring Chinese knockoff Swiss Army knife. I kid you not. What a terrifying object?Teddy Nappen  Does it have, does it have the toothpick?Evan Nappen  No, because that would be more expensive, and it’s a Chinese knockoff. It doesn’t even have the toothpick. If you at least went with the Swiss version, I mean, at least the Swiss know what they’re doing. That one has that you know toothpick and tweezer, which is actually quite handy. You know that stuff. But this one is a cheapo Chinese. It’s even they say less than a $5 knife. She was going camping and wanted to bring a knife. Why you’d bring that silly knife for camping? I mean, I’d have a hell of a lot better camping knife than that. She did not want to pay $100 baggage fee, so she could bring her little inch and three quarter bladed keyring knife. And TSA, thank God for TSA, caught it before that weapon, that terrifying weapon made it onto an airplane. Can you imagine the fear and just panic? I can’t even phantom the mayhem that could have occurred with such a terrifying weapon, being able to make it onto the plane. And what TSA did here, given the severity of it, is she had to surrender it. They let her board. So, that is the article on Fox News, by the way.Teddy Nappen  So, check your local surplus stores for a tiny little knife that may have been bought.Evan Nappen  Oh yeah, but I wouldn’t. I wouldn’t even want to have that one. I mean, it’s a piece of junk, that garbage. I mean, if you’re going to do it, at least have the Swiss Army Classic. I mean, they’re a classic for a reason. Now they’re good, and they’re handy.Teddy Nappen  Think of the what is probably the most expensive knife you’ve ever heard the TSA steal? What would you say from what you?Evan Nappen  Well, I’ve seen the TSA surplus where they let various states sell knives that they’ve confiscated. I’ve hit those bins where the knives have been sold, and I found some phenomenal, you know, Benchmades, Microtech, high-end customs. You name it. They’ve seized all kinds of knives. And if you get, you lose your knife, if you plan to catch your flight. It’s basically that’s how it rolls. So, you know, and by the way, you know, being that we recently passed 9/11, if you’ve ever gone to the memorial in Shanksville, Pennsylvania, it’s very moving. (https://www.nps.gov/flni/index.htm) I’d highly recommend going there. It’s definitely worth a trip.Evan Nappen  And on those sacred grounds, there’s a museum type setup with displays, and I want to tell you.I looked at those displays, and you can see this too. You know how we all say, “Oh, they went on with “box cutters”, supposedly, right? Remember, you probably heard that, “box cutters”. Well, on the displays at the Flight 93 Museum, they say here are recovered knives. Recovered knives that they believe the terrorists used, and guess what? It’s a Benchmade folder, a lock blade, a lock blade, not a box cutter. I don’t know where this box cutter thing came from, or why they’re displaying and claiming that it was those knives. But either way, since then we’ve secured the cabin. We’ve secured it. You can’t get to the pilots, right? I mean, what is any of these, particularly these smaller blades, going to accomplish. I would never, you know, even attempt to use my Swiss Army classic for defense. It would actually be more of a problem. It doesn’t lock. The blade folds. It’s small. I’d sooner use my fists than that stupid little thing. It just makes no sense, and you know knives on planes today should not be even an issue. It should just be allowed. They can’t even accomplish, for many reasons, what happened back then, and they need to lighten up on this. I mean, come on, it’s stupid.Evan Nappen  Hey, I want to also real quick point out that the House has now unanimously voted. This is federal government unanimous vote in the House to eliminate the penny, the one cent penny. This bill already had one passed in the Senate, and now unanimous in the House. I guess they’re going to conference committee or do whatever they’ve got to do, and that’s going to be law real soon. But the reason I’m mentioning this, folks, is not because we’re going to no longer have the the one cent coin. It’s technically not a penny. It’s technically considered called the one cent coin. It’s a one cent. We call them pennies, but we actually don’t have pennies. England had pennies. They were large copper coins. We don’t have pennies. As a matter of fact, I know years and years years ago where they had penny parking meters, where it said, you know, insert a penny. I know of a case years and years ago where the person got a parking ticket for not paying the meter. He went to court and argued that the penny meter was requiring a penny, and he said, why am I required to have English currency in America? Because it didn’t say one cent, it said penny, and they tossed the ticket. Anyway, the bottom line is, it’s the one cent coin. We’re no longer. We’re getting rid of them. The last one cents were out last year. If you even wanted to get a sample of a 2026 so- called penny, you’d have to buy it via the proof sets. They did do them in proof sets, but they’re not out in circulation, and that’ll probably be the end. We won’t even see pennies probably at all after this year.Evan Nappen  But that’s not the point here. The point of this law is what else is in the law, and what else is in the law is the elimination of the current way nickels are made. Currently, nickels are 75% copper and 25% nickel, and you can go now to the bank, and you can get nickels. The nickels are worth way more as metal value than the value of a nickel. So, for example, if you right now today, if you were to buy $100 in nickels, when you go to the bank and they sell a brick of rolls of nickels, okay, $100 are all in rolls and they’re in this cardboard little brick. It’s kind of heavy, but not crazy. That $100 of nickels will cost you $100 because it’s face value is $100. The metal value of $100 in nickels today, as we do this show, is $146.70. Forty-six dollars and seventy cents.  Almost $47 more in metal value, just metal value, in nickels than the face value of nickels.Evan Nappen  I suggest that you stack and save nickels now, because this law, which is on fast track now to pass, and they will change the composition of nickels to junk metal. You know, zinc junk. All the nickels that were made prior are going to have high metallurgical value. This is an opportunity similar to pre-64 silver, where in 1963 you could go to the bank and get hundreds, thousands of dollars in quarters, in dimes, in half dollars, even dollars, and they were 90% silver. Do you know what all that pre-64 silver is worth today in the value of silver, at what is it almost $70 an ounce? Well, those days on silver are gone, but the days now on nickels are here. So, buy and save your nickels now. You’ll be glad you did. Because after the metallurgical change, trying to sort out the difference between old nickels and new nickels will be a giant pain in the neck. You’re going to have to look at dates and go crazy. Whereas right now, you’re guaranteed metallurgical valued nickels at that incredible ratio of money. So, that’s just a tip here from Gun Lawyer. And if those of you that are preppers, those kind of nickels are awesome for prepping, because at some point, if the stuff hits the fan, well, guess what? You can barter with real nickels instead of busting up your gold and silver, what are you going to do? Give a full silver dollar so you can have a loaf of bread, but a real copper and nickel nickel might do the trick. These are all considerations. Think about it. Anyway, if you buy nickels today, well, here’s and lead-that’s other precious metals. But here’s the deal: I guarantee you, you won’t lose a dime if you buy nickels, because it’s always worth 100 bucks that you’re paying. It’s always worth that, so you can’t lose. There you go.Evan Nappen  All right, so I want to talk about our really good friends at WeShoot. We love WeShoot. WeShoot is a fantastic gun range in Lakewood, New Jersey. It’s where Teddy and I both shoot. And we get our training. We’re going to be getting even more training soon, and we love it there. You’ll love it too. They are running some fantastic training programs that I want you to know about. They have the New Jersey CCARE, where they’re doing full course on that. They’re running them on Friday the 18th of of September. They just did that one, but you have October coming up on October 8 and 16th and 18th. You can get in on these and get your NJ carry, if you don’t have it. It’s really great. Even if you need it for your renewal, they’re the greatest place to get certified. Excellent instructors. They’re doing certification for seniors as well. They do courses strictly for seniors. If you feel more comfortable, if you are a senior, what’s really great is they’re offering New York City non-resident carry. This is the non-resident course, my friends. You can get your New York carry. Also, you can get your Maryland non-resident, and you can get DC. All three, all being offered at WeShoot, greatest place to get your certifications. They’re offering these courses. Of course, slots are filling up quick. They’re offering these in October. October 8th is one of the dates. Go to the website. Their website has fantastic photography – first rate. Go to weshootusa.com, weshootusa.com.Evan Nappen  You can see all the courses, and you can sign up to get your certifications. You can get your carries. You can get advanced training, basic training. They also offer first aid in terms of stop the bleed, Adult CPR, AED, and ACS-all courses offered by top instructors that know their stuff. They’ve got new shooter courses. WeShoot is your place for training. It’s your resource. A fantastic range. A super pro shop. Great deals, and most importantly, great people. You’ll love WeShoot. We love WeShoot. They just treat their customers like gold. No joke. Conveniently off the Parkway in Lakewood, New Jersey.Evan Nappen  Let me also shamelessly promote my book, New Jersey Gun Law, the Bible of New Jersey gun law. If you don’t have your copy, you better get it. You don’t want to be a go foo. You don’t want to be a go foo, and this book will help you not to be a GOFU. It’s over 500 pages, 120 topics, and it is the Bible of Jersey Gun Law. It’s the key book everybody uses. You need to get your copy. Go to EvanNappen.com today. EvanNappen.com, and get your copy.Evan Nappen  Also, if you’re interested in getting your rights restored, if you need an expungement, if you qualify for federal rights relief, if you have anything in your background that may be stopping you from exercising your gun rights? Contact me. This is something we do. We help 1000s of folks get their rights back, and now more than ever are the opportunities to get that done. Go to EvanNappen.com and give us a call. Contact us. I’ll be happy to speak with you, and see what will fit your particular needs. We speak in confidence, attorney-client, and it is an opportunity. So, you can explore your options, of which there are many great things out there today, many of which have not existed for decades. For decades. So, check that out.Evan Nappen  Also, I want to mention that I’m proud to say our firm is hiring. We’re looking to hire another Associate Attorney. As you can tell, New Jersey is extremely busy with their attempts to take our gun rights and oppress us and turn law-abiding citizens into criminals. If you love the Second Amendment, if you are a New Jersey attorney, get a hold of me. Go to EvanNappen.com or give me a call. Let’s talk. We’re always looking for folks that want to fight for our rights, that believe in the cause, and folks that are on my team have to be believers. Okay, you got to be believers. You got to know. You got to be wanting to fight the oppressors. And if that’s something you’d be interested in, get a hold of me. Teddy, what do you have for us in Press Checks?Teddy Nappen  Well, as you know, Press Checks are always free. So, if any of you have been following just in general on the issues of that the Left have been trying to push. They’ve been trying to argue that President Trump is  trying to, is attacking free speech, which isn’t true. The argument was about Jimmy Kimmel, which he actually was not trying to censor him. It was the whole issue of you know the equal time rules, but he’s fully allowed to critique even being wrong and all the other fronts. But the left are trying to do the classic accuse your opponent of what you are already doing, which is censorship. And this is a censorship that I think needs to be highlighted specifically for New Jersey, where this is an abuse on not just the first but the Second Amendment as well. Where right out of our friends at Bearing Arms, the article reads as follows: Too offensive to own a gun. SAF challenges New Jersey’s subjective permit law. (https://bearingarms.com/camedwards/2026/09/09/too-offensive-to-own-a-gun-saf-challenges-new-jerseys-subjective-permit-law-n1233747) This is by Cam Edwards.Teddy Nappen  So, it has been four years since the Supreme Court struck down the concealed carry. This is from the article, but states are still using the subjective standards of suitability. From here comes to a latest lawsuit from AAR, possessing carry permits issued from 10 other states, but was denied in New Jersey’s firearm purchase ID card, saying that his licensing authority said would not be in the interest of public health, safety, welfare because this person is found to be lacking essential character of temperament necessary to be entrusted with a firearm. What does all that mean? I have no idea, but it is the abuse of whatever they want to make it up to be, and this is I love this quote though because this sets the tone for the entire amicus that was filed. His racist, sexist views are despicable, and if that speech leads him to be a social ostracize, perhaps it would be deserved, but for a constitutional perspective, what is more disturbing than anything is the petitioner has said what the court below have ruled, which is that speech is protected by the First Amendment can be grounds to deny someone their constitutional right to keep and bear arms.Evan Nappen  Outrageous. So, they’re using the First Amendment to try to stop you from exercising your Second Amendment. Then when you talk on the opposite about Second Amendment, then they’ll try to you know cancel you, ban you, take you out of media. To your First Amendment, so it works both ways to oppress us. They use the First Amendment here to oppress the Second Amendment. They use Second Amendment to oppress the First Amendment. This is the game plan of the communist left. That’s what they do, and you can see it in full form. If you’re not, if your speech is something they don’t like, then let’s see if we can use it to oppress you. And look, I don’t want to be in favor of disgusting racist or any of the. I know I’m not, and Teddy you’re not. But you know what? You have a right. It’s a classic of, I may not agree with what you’re saying, but I’ll defend to the death your right to say it.Teddy Nappen  But here’s the worst of that aspect, Dad. The Left. What is racism? Oh, you know what racism is? Exercising. Know what racism is? Math. Know what racism is? Whatever falls into the category of racism also silences violence. The only thing you can logically do in  their mindset is just agree wholeheartedly. Everything else is racism or sexism. They apply a video game sexism. They apply just coffee. It’s the level of whatever they want to name them theEvan Nappen  Right. So, they’re using the public health, safety, welfare disqualifier under New Jersey law, which is found under N.J.S. 2C?58-3C. Under that is a subjective criteria. You know, we all know about the objective criteria. If you’re a convicted felon, you’re barred. You know, if you’ve had a mental health commitment, you’re barred. That’s objective. But this subjective public health, safety, welfare is what I call the all-inclusive, miscellaneous weasel clause, and that’s where you see the abuse. You see that abuse actually in racist action by the institutionalized racism of the Government, and that’s been demonstrated by our good friend John Petrolino. Yeah, of course, Petrolino, who has put forward the actual data, and this has been proven that there is more than a two-to-one denial of Second Amendment rights to blacks than whites over that subjective, ridiculous criteria. It is institutionalized racism on that. Yet here we see an abuse of it, where First Amendment is used to stop Second Amendment, and that clause, public health, safety, welfare. In this case, Teddy, didn’t they also cite to the MU case?Teddy Nappen  Correct. So, what they were pointing to was the denial that was upheld by the New Jersey courts based on M.U., where they argued legislature has the authority and discretion to exclude even nonviolent offenders from the people entitled to keep and bear harm.Evan Nappen  So, let me give you and the listeners some very much inside suppressed information that isn’t being revealed there about M.U. M.U. is our firm’s case. We brought that and we fought that and we’re still fighting it. Listen to this, folks. The M.U. case is very important. It actually consisted of two legal issues, one issue that we won and is not being challenged is licensing. If you’re prohibited from having a license, that is distinguishable from being prohibited from possession. A lot of people have a hard time wrapping their heads around it. If you are denied a firearms ID card for subjective reasons such as public health, safety, welfare, that does not make you gun prohibited. Because there’s no mirroring criminal law that creates that as a disqualifier, as compared with if you’re a convicted felon, you’re denied a license. But there’s also a law in New Jersey called “certain persons not to possess firearms”, that says if you’re a convicted felon, you can’t possess guns.Evan Nappen  But when it comes to the subjective criteria of public health, safety, welfare, New Jersey does not have a law that says, “Oh, if you’re denied a license due to public health, safety, welfare, you can’t possess a gun. No, that doesn’t exist. So we won on that, and that’s very important because if you get denied a license for this all-inclusive miscellaneous weasel clause, and they want to. Take your license away. If your guns are still in your possession, you can still keep your guns. You’re not prohibited as a gun owner. You’re just prohibited having a license. It’s a very important legal distinction.Evan Nappen  The second part of M.U., however, was a challenge to the constitutionality of public health, safety, welfare. We brought that to the Appellate Division, which Teddy, as you just said, they cite that decision, which on that part at that time went against us. We then petitioned the New Jersey Supreme Court to take up this issue. When you ask the Court to take the issue, just like similar to the federal court, they either grant, in essence, certification or in federal court, certiorari, and they say, “Yeah, we’re going to hear the issue and we’re going to decide it, or they say, “No, we’re not going to hear it. And if they say, “No, we’re not going to hear it. Then, at that point, you’re allowed to ask the U.S. Supreme Court to hear the constitutional challenge. And if the New Jersey Supreme Court said yes, we’ll hear it, and they decide against you, then you can ask the U.S. Supreme Court to hear it.Evan Nappen  But what New Jersey has done, we filed the request for the New Jersey Supreme Court to decide this issue one way or another. Take the issue, don’t take the issue, take the issue and decide it against us. Whatever. Get a load of this, folks. Ready? The New Jersey Supreme Court has not decided whether or not to hear this issue for three and a half years. Three and a half years. The New Jersey Supreme Court has sat on a petition. I don’t know of anything that has ever gone to the New Jersey Supreme Court requesting review to either take the issue or not-that’s gone three and a half years for them just to decide whether or not they want to hear this issue.Evan Nappen  And think about it, folks. This now is part of this case that Teddy, that you’re talking about, and they’re relying on the appellate decision below in attempting to justify this. Right, if the New Jersey Supreme Court were to say yes, we’re going to take this case, then they would have to decide it, and then they’d have to it either be a win or a loss, of which we could ask the Supreme Court. If they said no, then we can immediately ask the Supreme Court. But they’ve taken no action. Doesn’t it seem that somebody doesn’t want us asking the United States Supreme Court to look at the all-inclusive miscellaneous weasel clause.Teddy Nappen  Out of curiosity, in terms of the procedures, is there a time limit? Because usually, when the court responds or not, there’s no.Evan Nappen  You can’t force a time. So, this has now become essentially a judicial block. It appears on its face to just be exactly how I’ve described it. So.Teddy Nappen  Could you? Is there a way to bring it to the Supreme Court?Evan Nappen  Nope. Because you have to exhaust your state procedures first. The Supreme Court will say no. You got to wait. You got to have your court do it. Yep, isn’t that cute? Isn’t that cute? So, that’s the inside on M.U.Teddy Nappen  The Trump administration, I want you to sue the Supreme Court for choosing to.Who knows thatEvan Nappen  Who knows? Maybe the DOJ might, might look at that maybe. Because they do have a civil rights division and maybeTeddy Nappen  I don’t know. I don’t know if that would be would it be.Evan Nappen  I don’t know if it qualifies. I don’t know, but.Teddy Nappen  Wouldn’t that be lack of.Evan Nappen  I don’t believe judges have immunity under under civil rights.Teddy Nappen  But wouldn’t that be lack of procedure because they’re denying it by sitting on something?Evan Nappen  It’s this incredible delay that is, I think, unprecedented in delay.Teddy Nappen  Because there’s also like timeliness. Because there’s also like time institutes.Evan Nappen  Sure is, and that’s where we’re at. This is what we deal with in the Democratic People’s Republic of New Jersey, the DPRNJ. Hey, let me tell you, Teddy, about this week’s GOFU. I see this a lot, and it actually relates to exactly what we’re saying. A GOFU is a Gun Owner Fuck Up. This is where expensive mistakes are made by gun owners, and you can avoid them by listening to the show. One of them that I see is surrendering your guns, and this is exactly in tune with M.U. If you ever get a licensing denial and you can appeal that licensing denial, you’ll find that at times police may say, “oh, we’d like you to turn in your guns. We want you to surrender your guns. If law enforcement ever wants you to just give up your guns without a court order, without a warrant, searching and seizing, without you know any kind of judicial ordering or process where they say, “Hey, how about, you know, be a good guy and turn in your guns, or you’re denied the rights, so you need to surrender.Evan Nappen  Well, without any court ordering it, do not surrender your guns. Once you give up your guns, getting them back is tremendously more difficult. It’s one thing if you have your guns and are keeping them, even if you are denied your license. It’s another thing if the guns are taken, and the license is then denied. Then, for you to get them back, they say, “Well, we can’t do a transfer because you don’t have a license. Isn’t that cute? So, the GOFU is don’t surrender voluntarily unless there’s judicial process ordering it. If you ever run into that situation, immediately call your attorney. Call me, contact me. Call an attorney that knows gun law, so you can be properly advised. So, that you don’t become 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 2  Gun Lawyer 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 E308_transcriptAbout 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.As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.He also provides expert testimony and consultations for defense attorneys across America.Email Evan Your Comments and Questions [email protected]Join Evan’s InnerCircleHere’s your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL. Just enter your email to start receiving insider news, tips, and other valuable membership benefits.  Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";