Episode 206-Red Flag Law Victimizes Another NJ Gun Owner

Gun Lawyer

Episode 206-Red Flag Law Victimizes Another

NJ Gun Owner

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Podcast Transcript

Gun Lawyer– Episode 206 Transcript

SUMMARY KEYWORDS

Red Flag Law, gun owner gulag, anonymous tip, extreme risk protection order, legal firearms, assault firearms, social media posts, gun seizure, due process, constitutional violation, gun confiscation, constitutional carry, crime reduction, non-lethal carry, traffic stops

SPEAKERS

Evan Nappen, Speaker 3

Evan Nappen 00:16
I’m Evan Nappen, and welcome to Gun Lawyer. So, there was an article that just came out in northjersey.com, which is part of the USA Today News Network, and I guess it goes out in their print media as well. It’s an article by Lori Comstock, and it is entitled, ‘”Totowa man charged with ‘cache of illegal firearms’ released from jail, but case far from over.” This case, my friends, is a case that I am handling, and this involves. I’ll read you the first line of the article. “A 35-year old Totowa man charged last week with possessing a “cache of illegal firearms” following a tipster’s email to police was released from jail on conditions, but arguments among attorneys regarding the legality of the police search and of the guns has only just begun.”

Evan Nappen 01:28
You better believe it’s only just begun. So, here we have two of the key perils of being a New Jersey gun owner. First, you have the peril of the Red Flag Law, which we’re going to talk about here, and how it got used and abused. The second peril is the Gun Owner Gulag, and how treacherous those waters are, and how you better have an attorney that knows what they’re doing. Or you’re going to be waiting in jail, essentially until your trial. This article makes it clear and identifies Kyle Arena in the article. By the way, he has no prior offenses. He is an automotive welder of 17 or more years. He’s had no problems or interactions with the police. Yet, on September 24, 2024, somebody sent an anonymous email, anonymous, to the Totowa Police. The email included, and this is quote from the article. “The email included social media posts and photos purportedly showing Arena engaging in ‘reckless activity’ and posting about it on social media.”

Evan Nappen 03:07
Now, we were in front of State Superior Court Judge Thomas Rumana. After our arguments in fighting the Gun Owner Gulag where they wanted to hold them, we were able to get Mr. Arena released and that was absolutely the right thing to do. We got him released. He just has the lowest level of conditions in his release. Of course, while this is pending, he is not allowed to possess any weapons, and they’re holding his licenses. The article goes on to say that his licenses, both of which he lawfully possessed, according to his attorney, Evan Nappen, a Monmouth based litigator who specializes in gun law. Well, I don’t “specialize”. I have a focus on gun law. I’ve been working in that area for over 35 years. And as most of you know, I wrote the book New Jersey Gun Law.

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Evan Nappen 04:09
The article goes on to explain here, and it says that the police identified them as “illegal assault firearms”. This is from the article. “. . . while Nappen classified them as ‘modern sporting rifles’.” Which is exactly what they are. Not the pejorative term of “assault firearm”, even though “assault firearm” is actually found in New Jersey law, because when they passed the “assault firearm” law, they gave it that pejorative label. Then the article quotes me as well. “They appear to be assault firearms . . . ” They may. Let me start that again. “They appear to be assault firearms to the uneducated, but they’re not, said Nappen, who authored a 500 page-book on New Jersey’s gun laws. Nappen referenced a New Jersey State Police opinion letter and noted that the guns fall under the “other” category, or otherwise not identified as ‘assault’ weapons, due to their characteristics. ‘Why did he have these guns?’ Nappen asked rhetorically. ‘He’s a competition two-gun and three-gun shooter.” Arena obtained his guns legally from dealers and uses them in competitions.

Evan Nappen 05:41
You see, this is what we’re dealing with. We’re dealing with law-abiding gun owners being turned into criminals in New Jersey. Let’s take a look closely at the abuse of the Red Flag Law. In the article, it says it was a tipster’s email, and there was a claim that he had a “track record of posting illegal content on various Facebook groups.” First of all, “illegal content”? What? What? You know, the First Amendment, first of all. I didn’t know there was illegal content. All right. And the email attached several photos, and believed he was a danger to himself and others. And that, of course, is a load of crap. In one of the photos, there was an allegation that it was pointing it at a car with his hand on the trigger. As I pointed out, and as the article actually mentions, which is credit to them, that it was at best, pointing to a wooded area. It was not pointing at a car. But even with that, the photo itself is questionable as to its authenticity and its fake and/or doctored characteristics. These are all things that and think about this. All the police received was an anonymous tip, and then a look at these photos. These photos are a year to two years old even, and there’s no threats made against any person. No threats made against any group. Nothing. Just pictures of guns and these false allegations.

Evan Nappen 07:38
So, did the police go and speak to Mr. Arena? No, of course not. Did they maybe make an inquiry, ask about or anything, talk to him? Nothing. No, no, no, no. You see, their immediate reaction, simply based on anonymous tip and looking at posts that are years old, was to get an Extreme Risk Protection Order (ERPO), what is known as a Temporary Extreme Risk Protection Order (TERPO). Then it can become a Final Extreme Risk Protection Order. These are called ERPOs, but we commonly call them Red Flags. Under New Jersey’s ERPO Law, ERPOs are the general title given them – Extreme Risk Protection Order. It starts with the TERPO, which is the Temporary Extreme Risk Protection Order, in which there is absolutely no due process upfront. It gets done ex parte. The person has no knowledge that it takes place. In this case, the police didn’t even bother to talk to the person in advance to even try to find out the truth about the matter. Then from that TERPO there will later be a hearing to decide whether it’s going to be a Final or what’s called a FERPO. So, you have an ERPO, and then you have a TERPO. Then it can become a FERPO, and if it’s held in Burlington County or Bergen County, you end up with a BURPO. I’m just kidding about the BURPO. That was a joke.

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Evan Nappen 09:15
So, this is something where it is ripe for abuse. This TERPO then led to a raid and a seizure of his home and his property. Every New Jersey gun owner can be subject to this action with an anonymous tip with BS just sent to the police. Boom. Boom. You are labeled an extreme risk. Your home and privacy are invaded, and your firearms, weapons and ammunition are confiscated with no due process until the day finally comes where you can have the hearing on the TERPO. After all that damage has already been done. We’re going to be challenging, of course, the Fourth Amendment grounds for this search and seizure.

Evan Nappen 10:17
As the article mentioned, I raised the violations of the Second Amendment and referred to the recent federal court’s decision where the ban on AR-15s was found unconstitutional. All the firearms were platformed as AR-15s. In fact, one of the guns specifically was a Troy. It was a Troy. That’s right. The “other” made by Troy. The Troy A4. The one that the State Police specifically address. And it’s those characteristics and that entire opinion that you can find online that explains why they’re not assault firearms. (https://www.dark-storm.com/images/DSI-NJSP-Firearm-Letter.pdf) But it didn’t stop the State and the Totowa Police, and the criminal charges being made.

Evan Nappen 11:13
Remember, folks, possession of an assault firearm is an extremely serious offense. Every gun carries up to 10 years in State Prison with a minimum mandatory of three and a half years. And remember, under the Gulag law, the Gun Owner Gulag law, if you’re charged with possession of an assault firearm, you are required by the State to be given a recommendation of “not to be released”. That’s right. You are put in the same category as those charged with murder and those that are lifers who are looking at three strikes and you’re spending life in prison. You are put in that category over this mere allegation. It doesn’t matter. That’s what they do.

Evan Nappen 12:01
Luckily, I was able to overcome that and was able to get him out. Now we’re going to have the fight, and I’ll be talking about this in much more detail as time goes on. But I had to respond to this article that you can see online, if you wish, or maybe you’ve read it already in hard copy. These are the perils and dangers of being a New Jersey gun owner. You can become a victim of New Jersey gun law with the most minor and anonymous allegations being made. It’s an outrage. It’s a civil rights violation. It is a Constitutional violation on multiple Constitutional fronts. This is something that every one of us needs to be greatly concerned with in the state of New Jersey.

Evan Nappen 13:04
Yet, this is what Kommiela Harris wants to impose on the entire United States, folks. That’s right. She wants to push National Red Flag so that every state abuses every citizen. And I say, look at New Jersey, and the failure of New Jersey. Remember, Kommiela also wants to confiscate guns. She stated it, man. I have an article here from the NRA-ILA. It’s entitled “Canada’s Confiscation Scheme — A Lesson for America.” You can go to nraila.org, and you can see this article. (https://www.nraila.org/articles/20240930/canada-s-confiscation-scheme-a-lesson-for-america) This piece came out September 30, 2024, and it’s very interesting.

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Evan Nappen 13:55
The very first paragraph of this article looking at Canada’s gun confiscation scheme says, “Vice President and Democrat presidential candidate Kamala . . . ” They, of course, call her Kamala. “. . . Harris has, in the past, been forthcoming about her support of gun confiscation and mandatory ‘buybacks.'” They give you the citations right in the article here, and you can see them for yourself. “. . . and there’s little reason to believe that she has changed her values.” The NRA then takes a look at Canada. You can read the whole article. It’s very interesting.

Evan Nappen 14:34
Canadian Prime Minister Justin Trudeau, as the article says, instructed his ministers to examine a “full ban on handguns and assault firearms.” They’re looking to invoke this mandatory ban and mandatory confiscation program in Canada. They’re talking about it in two phases, what’s called the business phase (Phase 1) and the individual phase (Phase 2). They’re looking to start it very shortly now, because it’s been in the works, in the works. They’ve already spent, folks, according to the NRA article, C$67 million on this program. It’s just astounding. And if you think that our lefty neighbors to the north where they’re putting this through, now granted they’re not protected by a Second Amendment in Canada, they could have been if they let us win against them in the revolution. But I digress. Instead, now they’re looking at what Kommiela essentially wants to do in America.

Evan Nappen 16:01
Say, I want to bring to your attention our good friends at WeShoot. WeShoot is a great range in Lakewood, New Jersey. They’re holding a very special sale, and I want to let you know about it. Fifteen percent (15%) off all pre-loved guns. That’s right. Guns that have been pre-owned, and it’s 15% off. I want to make sure you know that WeShoot is now offering New York City carry certifications. So, if you want to get your New York City carry, which also allows you to carry in New York State, you’re going to need to get a New York carry certification, and WeShoot is offering it. So, check out weshootusa.com. If you’ve never shot at WeShoot, well, you owe yourself a favor. You need to go there and check it out. It’s a fantastic range. It’s where I shoot, my brother shoots, my son shoots and where we got our certifications. They have great guns and gear, great training, and just a wonderful range right there in Lakewood, New Jersey, easily accessible right off the Parkway. It’s a great resource for anyone in New Jersey, particularly Central Jersey. Geez, it’s a breeze to get there and have a great time. Make sure you check out weshootusa.com.

Evan Nappen 17:31
Now here’s an interesting little article that I want to make sure you’re all aware of. This is an article that I got from AmmoLand, a great news aggregate site. I love AmmoLand. (https://www.ammoland.com/) I subscribe to dozen different gun rights at aggregate news sites, and AmmoLand is a really good one. This is an article from October 2, 2024, by my friend Dave Workman. It’s a very interesting point that Dave makes here, and I want to bring it to your attention. The title of the article is “FBI Report Shows Dramatic Violent Crime Drop as 29 States Went Permitless.” (https://www.ammoland.com/2024/10/fbi- report-shows-dramatic-violent-crime-drop-as-29-states-went-permitless/)

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Evan Nappen 18:15
That’s right, folks. As 29 states are constitutional carry, there’s been this incredible decrease in crime. Yet, you never see this in the media. They always want to make you think more guns, more crime, but it’s the opposite that is true. Let me read you just the first line or so from the article that Dave wrote. “The FBI’s national crime report for 2023 shows a record-breaking decline in murders during a year when the number of states adopting so-called ‘constitutional carry’ rose to 29, undercutting a popular — and obviously false — claim by the gun prohibition lobby that more guns result in more crime.” He’s absolutely right, and it’s an excellent point that he’s making. If you want to read more in the article, by all means, go to AmmoLand.com and check it out.

Evan Nappen 19:07
Just think. We also not only have 29 states with constitutional carry, which is permitless carry, where you don’t need the permission slip to carry, but all the other states that have “shall issue” permits now, including New Jersey, thanks to St. Thomas of the Supreme Court and the Bruen decision. So, all that is impacting dramatically on crime. As Dave points out, “According to the FBI ‘national violent crime’ . . .” According to their statistics here, listen to this. Murder and non- negligent manslaughter decreased 11.6% in 2023. The estimated number of offenses in the revised rape category saw a 9.4% decrease. Aggravated assaults decreased by 2.8%. And robbery decrease by 0.3% nationally.

Evan Nappen 20:02
So, we’re seeing this great drop in crime, while you see the expansion of our right to carry. Oh, what a shock! It’s not shocking. But, of course, the media doesn’t talk about that, do they? They don’t make it clear that, in fact, the growth of our Second Amendment right to carry and to allow citizens to no longer be victims, but to be defenders, is a fantastic deterrent and causes crime reduction of the most heinous and violent crimes that we face. So, that’s a great point by Dave Workman, and I wanted to make sure that you all were aware of it.

Evan Nappen 20:51
There’s another thing that I saw, and this is from Cam Edwards on bearing arms. (https://bearingarms.com/camedwards/2024/10/04/supreme-court-will-decide-fate-of-mexicos-lawsuit- against-us-gunmakers-n1226460#google_vignette) This article says that the “Supreme Court Will Decide Fate of Mexico’s Lawsuit Against U.S. Gunmakers.” This is a very important case. Because the Supreme Court of the United States, what we commonly call SCOTUS, has granted cert, meaning they will decide the case. Now we will get an opinion from them in what is the case of “Smith & Wesson Brands et al. versus Estados Unidos Mexicanos, in other words, the Mexican Government.

Evan Nappen 21:30
They brought a $10 billion lawsuit against multiple gun owners and gun manufacturers. These manufacturers include Smith & Wesson, Beretta, Century International Arms, Colt Glock and Interstate Arms, and they’re alleging that the companies are aiding and abetting drug cartels in Mexico by manufacturing and selling guns like AR-15s and magazines that can hold more than 10 rounds. This whole case surrounds now concerns the protection of the Lawful Commerce in Arms Act, which is protecting our firearm manufacturing industry from being sued out of existence, which is a ploy by the

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gun rights oppressors. Mexico has jumped into the gun rights oppression in American movement by suing the makers of the guns we know and love. Trying to bankrupt them with this nonsense claim.

Evan Nappen 22:33
Originally the case got dismissed, but then it got reinstated by a gun rights oppressive federal appellate court. Now the U.S. Supreme Court will be examining this issue. And you know, the claim by Mexico essentially boils down to, ready? That aiding and abetting criminal activity must involve something more than just making products generally available while knowing that criminals may misuse them. Yeah, well, they can misuse cars, too. Maybe we should sue over the cars that they import into America that are used by criminals as well in the commission of their crimes. Maybe Mexico owes us billions for cars that they manufacture that get used by criminals. I mean, it’s just as stupid.

Evan Nappen 23:32
So, I am really looking forward to the Supreme Court doing their opinion on this. It will also possibly have some important impact to New Jersey that has its own state law where they’re also trying to bankrupt and go after the gun companies for their lawful manufacturer, trying to work on other loopholes and such that they’re trying to create. New Jersey set up an entire office manned by the Attorney General trying to go after gun companies and such. I think once the Supreme Court speaks to the Lawful Protection of Arms Act Commerce and Arms Act here in this case, we may, in fact, get some other very useful language out of the Supreme Court in combating this tactic used by the gun rights oppressors.

Evan Nappen 24:28
I’ve gotten some great Ask Evan letters, but before I do that, I want to make sure you know to be a member of the Association of New Jersey Rifle & Pistol Clubs. They are the number one gun rights defenders in New Jersey. They’re the NRA affiliate officially, and they have a full time paid lobbyist in Trenton. They are the group that is litigating, as we speak, in the federal courts, challenging New Jersey’s gun rights oppression laws, including the modern sporting rifle ban, the standard capacity magazine ban, and the Carry Killer bill, just to name a few. They have made tremendous progress on these fronts. As the fight continues, you really need to be a member. You should be embarrassed if you’re not a member of your state association. It’s anjrpc.org. The Association of New Jersey Rifle & Pistol Clubs is an umbrella organization of gun clubs, but they have individual members, too. You need to be part of the solution by belonging to the Association. By doing so, you’re going to get their email alerts as to the shenanigans going on down in Trenton and the progress being made in our litigation. It’s really stuff you want to know, and it keeps you on top of things. You end up protecting yourself as well as our rights. So, please make sure you join the Association of New Jersey Rifle & Pistol Clubs. (anjrpc.org)

Evan Nappen 26:02
This is when I shamelessly promote my book New Jersey Gun Law. It is the Bible of New Jersey gun law. It’s over 500 pages, and it explains 120 topics in a question and answer format. It is used by the State Police Firearms Unit, law enforcement agencies, lawyers, judges, and most importantly, 1000s of law-abiding gun owners in New Jersey. Stay on the right side of the law in this treacherous and perilous environment for gun owners called New Jersey. I’ve made it very user friendly. Get your copy by going

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to EvanNappen.com and see the big orange book right there at EvanNappen.com. Click the book, get the book, and you’ll have it in a matter of days. Scan that front cover, that QR code, and subscribe for free to my subscriber base. It’s a private list where you will get updates and be able to access the archives of any updates that I’ve done. This keeps you informed. Make sure you get your 25th Anniversary Edition today.

Evan Nappen 27:09
So, here are some great letters that I want to share with you, from my beloved listeners. This is from Syed, and he says, Regarding Gun storage laws in New Jersey. Hi, Evan. Big fan of the show. I find it really awesome and very educational. Thank you. I have a question regarding gun storage in New Jersey in one’s home. Can a handgun be kept loaded with a full magazine inside a locked safe which no one except me has access to or does it have to be unloaded with ammo kept locked in a separate container? This is for purposes of home defense. I have looked around for answers, but there is conflicting information everywhere. I’ll appreciate if you could help me out.

Evan Nappen 27:48
Okay, I’m happy to. Number one, you absolutely can keep a loaded firearm in your gun safe. What New Jersey law prohibits is allowing a minor to access your loaded firearm. As long as you’re not allowing a minor to access your loaded firearm, you can have your loaded gun in your gun safe. You can have your loaded gun under your pillow. You can have your loaded gun on your person in your home. You can have your loaded gun everywhere and anywhere in your home, as long as you’re not allowing a minor to access the loaded gun. There is no problem with that.

Evan Nappen 28:30
As a matter of fact, in the Heller decision, which challenged Washington, D.C.s requirement that you keep guns unloaded and secured and broken down into pieces and all. That’s unconstitutional to require that, even under the Second Amendment in the landmark, Heller case. So, yes, you may do so but do so responsibly and safely. Do not allow unauthorized parties to access your firearm, and never allow a minor to access your loaded firearms. The key is safety in that regard. But there’s no law otherwise stopping you from having firearms to defend yourself in your home. Thanks for a great question, Syed.

Evan Nappen 29:19
This is from Anthony regarding Non lethal carry. Dear Mr. Nappen. Is anyone working on non-lethal carry in Jersey? I realize that we can get a carry permit, but for some like my wife, who does not want to carry a lethal weapon, but would like to carry, say, a Byrna type defense gun or stun gun or larger mace would be good for her. I know the state is unreasonable, but if you can carry lethal guns, why not non lethal? By the way, your podcasts are great. Thank you, Anthony.

Evan Nappen 29:52
Anthony, thank you, and I appreciate your compliments. Let me just explain. Yes, New Jersey is ridiculous. New Jersey will give you a Permit to Carry a lethal weapon — a handgun loaded concealed on your person with a carry — but there is no such license for carrying less than lethal. The only less

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than lethal device you may carry is three quarters of an ounce of pepper spray, etc. That’s it. That’s the only thing that’s exempted.

Evan Nappen 30:25
If you’re going to carry less than lethal but it is more than three quarters of an ounce of pepper spray, or if you’re going to try to carry a Byrna as we’ve discussed on the show, or carry a stun gun, as we’ve discussed on the show, the problem is the case law in New Jersey does not find and, specifically, at the moment, says that if you go outside your home and you preemptively arm yourself with a weapon, even though it’s for self-defense, it’s not a manifest lawful purpose. You can still be prosecuted for that. As ridiculous as that statement is that self-defense outside your home is not a manifest lawful purpose. That’s the current case law now. Until that case law changes, where we get a court to actually apply the principles of Bruen to say that self-defense outside the home is Constitutionally protected, which it is, then that will invalidate that. Then the less than lethal can be carried. But until then, if you do, you might become the test case on that very issue. I don’t want to tell you to become a test case, but if you do become a test case, give me a call. Maybe we’ll change the law together. But that’s the risk that you take, and I want you to be aware of that.

Evan Nappen 31:42
Now, this letter is from Nicholas. Nicholas says, Regarding 77 years old and have a New Jersey CCW, meaning a PTC. Hello. I’m 77 years old and have a NJ CCW coming up for renewal. Are you aware of any changes in New Jersey law that would prevent me from renewing due to my age? Are there any bills in process that could stop me from renewing? Thank you, Nicholas.

Evan Nappen 32:09
Ah, Nicholas, good question. Here’s where you might be getting some conflicting information. Let me straighten it out. RPO cards, Retired Police Officer cards, in fact, act as what’s regarded as the ability for retired police officers to carry. It is sometimes looked at as being a RPO carry license, but it’s actually a card that creates a special exemption under the statute. But don’t worry about the technical when it comes to issuing of this state RPO card. There is an age limit there for law enforcement, believe it or not, at 75, but there is no age limit on a New Jersey Permit to Carry. They do not engage in age discrimination with the carry permit in New Jersey. So, when you apply for renewal, your age is not a per se disqualifier for getting a permit to carry in New Jersey. Nor should it be, because that is flat out age discrimination.

Evan Nappen 33:15
Now if you have certain problems that might come with age, you know, if you’re like the President, the senile sock puppet, then of course, someone like that shouldn’t have a gun. Obviously, they’re not, you know, they’re not competent to have a gun. But, as long as you’re competent to have a gun, your age is not a factor. You’re fine. There is no per se disqualifier. So, Nicholas, you should not have a problem simply because you are 77 years old, and God bless you. I hope you continue to have a long, long life and carry to protect your life. As a matter of fact, when you think about it, what better use for a carry permit than when you are older and not as readily able to defend yourself. By all means, it’s even more important that you know how to defend yourself, and a firearm can be a great advantage in that.

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Evan Nappen 34:14
Now, I have a letter here from Romero. Romero says, I have a Remington 700 barrel only, with no action, just the barrel. I replaced the barrel with a new one. My question is: how would I dispose of the old barrel? The barrel has no serial number. The serial number is on the action.

Evan Nappen 34:30
Well, Romero, a gun barrel is just a barrel. It’s not a receiver. It’s not a firearm. It’s just a barrel. It’s a tube. There’s nothing in New Jersey law or that federal law that would prevent you from putting the barrel in the trash. It’s that simple. It’s just a barrel. That’s it. Nothing else special. Now, if you feel worried about doing that? Well, you could, you know, cut it into pieces, or cut it in half. You could do that if you wanted to or do something else to it if you felt necessary. You don’t need to. It’s just a barrel. It’s just a tube. It’s not regulated, and it is simply scrap metal. If it’s completely unusable as far as wear on the rifling or whatever reason you replaced it, in that case, toss it. All good. You know, it’s just piece of steel that is no longer useful to you. So, no problem there.

Evan Nappen 35:36
Now we have the moment that you’ve all been waiting for — the GOFU. The GOFU, Gun Owner Fuck Up. We love them! Not that they happen to good people, but because you get to learn an expensive lesson for free. So that you don’t become the next GOFU. Now, this GOFU is based on a letter, and actually the GOFU has not happened yet. So, I really like that. Although it has the full potential to be a GOFU. I’ve seen GOFUs come about from this. So, I’m glad Andrew has written this letter. Andrew says, Regarding Traffic stops. Hey, Evan, I’ve been listening to your podcast for a long time and appreciate the work your firm as well as you do on this podcast. It helps me clear away some of the fog of New Jersey gun laws. Yeah, it’s like the fog of war, isn’t it? The video link I sent is in reference to you always reminding us not to answer police questions without a lawyer. Yeah, that’s always good. It’s from a show called Mr. Inbetween. Okay, I haven’t had a chance to watch that, but that’s cool. My question, though, has to do with traffic stops and the officer asking if I have any weapons in the vehicle. What exactly do they mean by weapons? Technically, anything in my vehicle can be a weapon, no? My hands, my cell phone, possibly a pen or a pencil. I’m no John Wick, but still a writing implement can be used as a weapon. So how do I answer the question about weapons in my possession if I’m pulled over for a traffic violation, if I don’t have a knife or firearm on me? Thanks again.

Evan Nappen 37:09
Okay, Andrew, we need to step back here, man. We have to go to the premise of your question. The question is what do you do if you’re asked about firearms or weapons. The answer is, you don’t answer any questions. You don’t have to answer any questions. You can say, “I don’t answer any questions.” Now the exception here, of course, is this. If you’re carrying a handgun with a carry permit loaded concealed on your person, then you have a Duty to Disclose that. The law requires a permit holder, as we’ve discussed before on the show, to tell the officer and to show your Carry Permit. But short of that, you don’t have to answer any questions. You don’t have to think of every conceivable weapon you might have. No less, tell the officer about it. Just shut up. Don’t answer. Simply say I don’t answer any questions. Or why are you asking me that question? If you want to ask. Why are they asking you that? Why? There’s no reason to be asking that. If the officer wants to do a pat down on you, he’ll do a pat down. You cannot and never should resist.

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Evan Nappen 38:25
This is Evan Nappen reminding you that the gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens.

Evan Nappen 38:25
But they have to have some basis, some reason, something. But just to go on a fishing expedition when you’re pulled over and start asking you all kinds of questions. Do you have any weapons? Do you have any drugs? Do you ever have strange thoughts about women? I mean, what? Where does it end. No. Stop. Produce your driver’s license, registration, and insurance. If you have a Duty to Disclose, produce your Permit to Carry, and that’s it, folks. Nothing else. I know it’s difficult, but you have got to stand on your rights. Because if you start volunteering about all kinds of things that you think are weapons or might be weapons, guess what? Now, you’ve opened the door. Now, it’s going to be an escalation to who knows what, and none of that was necessary. So, don’t be a GOFU. Stand on your rights.

Speaker 3 39:29
Gun Lawyers is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing [e-mail]. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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Downloadable PDF Transcript

Gun Lawyer S3 E206_Transcript

About The Host

Evan 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.

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