AmmoLand Gun News

Manasquan, NJ --(Ammoland.com)- The New Jersey Appellate Division decided two cases this week in support of fair treatment for those who received mental health care, but who no longer suffer from such disabilities in such a manner that would handicap them in the safe handling of firearms.

The law firm of Evan F. Nappen, Attorney at Law PC of Eatontown, New Jersey, (www.evannappen.com) represented both of these appellants.

Both cases were partially funded by the NRA’s Civil Rights Defense Fund.

IN RE M.L., PETITIONER FOR EXPUNGEMENT
Two years ago, M.L., a retired law enforcement officer with over 25 years of service, suffered from a bout of depression, from which he had significantly improved. He voluntarily admitted himself to a mental health facility and, thereafter, received outpatient treatment. He sought to have his voluntary commitment records expunged to relieve the stigma associated with his hospital stay and to help him gain employment as a security guard. M.L.’s treating doctor testified that M.L. was presently of sound mental health. Despite the above, the trial court denied the petition.

Louis P. Nappen, Esq., appeared on behalf of M.L. both at the trial court and on appeal. On appeal, Mr. Nappen argued that the Ocean County Trial Court erred in applying the wrong standard of review and in failing to conclude M.L. met all requirements for expungement under the statute. The Appellate Division agreed, finding that “the trial court’s opinion appeared to ignore the provisions of the statute” and that “the denial of expungement premised upon a possible future weapons application is erroneous.”

It was clear that the petitioner received unfair treatment from the trial judge, and on February 8, the Appellate Division ordered, “”We conclude the trial court’s review was deficient as it failed to comply with the requisites of the statute. Accordingly, we reverse the October 15, 2010 order and remand the matter for consideration by a different Law Division judge[.]“

When asked about the decision, Attorney Nappen stated, “Basically, the judge refused to apply the statute to the facts of the case, but instead promoted an anti-gun agenda. I am glad that the Appellate Division saw the unfairness of the situation.”

This decision is available at http://www.judiciary.state.nj.us/opinions/a1499-10.pdf .

IN RE WEAPONS OF A.S.
Following a dismissed temporary restraining order (regarding which the wife’s allegation could not be proven), the State moved to forfeit A.S.’s firearms that were seized in accordance with the temporary order.  Firearms were not involved in any way in his wife’s allegations of domestic violence. A.S. has no criminal record or other absolute bars to firearm possession.

Despite the above, the prosecutor insisted on a mental health evaluation based on information provided by the wife that A.S had threatened and attempted suicide in the past. Appellant testified that he has suffered from chronic back pain since 1997, and he has also been diagnosed with depression. Appellant testified that he had been under the care of psychiatrists.

At the hearing, A.S. presented a doctor’s letter in response to the prosecutor’s demand that attested to A.S.’s present mental health stability. Despite the doctor’s letter, the trial court granted the State’s petition for forfeiture.

The defendant appeared pro se at the Sussex County Trial Court, but hired Evan F. Nappen, Attorney at Law, PC for the appeal. Louis P. Nappen, Esq., argued the appeal for the firm.

On February 6, the Appellate Division found that the appellant was misled at the trial court level. “He should not have been deprived of fair notice that the State would not accept [his doctor’s] letter as satisfying the statutory requirement.”

The Court stated, “Over appellant’s earlier objections, the court had granted two adjournments to the State to prepare its case. It should also have granted a continuance of the hearing to appellant to seek more evidence of his mental fitness.” Therefore, the Appellate Division reversed and remanded the matter to reopen the hearing and permit A.S. to present additional evidence of his fitness to possess his firearms.

This decision is available at http://www.judiciary.state.nj.us/opinions/a3192-10.pdf .

The above decisions also mirror the Appellate Division decision in State v. Pyskaty, July 8, 2011, where the Court reversed a Monmouth County trial court that refused to consider a doctor’s written evaluation in support of the return of firearms and firearm rights. The Pyskaty case was argued by Richard V. Gilbert, Esq., also of the Nappen Firm, and is available at http://lawlibrary.rutgers.edu/courts/appellate/a3742-09.opn.html.

When asked about the A.S. and M.L. appeals, Attorney Nappen commented, “These victories do not just support firearm rights, but also civil rights for those who face unfair treatment by the courts or by the state as a result of seeking mental health treatment. The Appellate decisions send a message that judges should stop discouraging people from seeking mental health counseling at the fear of losing their personal reputations and firearm rights.”

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- MATCHING FUNDS: First, I would like once again to thank Ron Stanker for his generous matching fund pledge. I am happy to say that thanks to everyone who donated, we were able to meet the challenge and the entire $500.00 was matched and received.

We have been offered an additional $500.00 matching pledge from our newest sponsor “Arms –n-Ammo”. They have given us until the January 11, 2012 meeting to match their pledge. Once again, I ask you to be as generous as you can be in helping us to reach this goal. Also please consider this sponsor when making your next purchase. Remember to tell them you heard about them from the NJ2AS.

NEWS AND PRESS:
A lot has transpired since the last President’s letter. We have had two positive treatments in the New Jersey Press. The Atlantic City Press published replies from two of our members to a recent editorial they ran on HR 822 – We have a right to protect ourselves / Gun rights the same as civil rights: http://tiny.cc/k2wt7, and journalist Paul Mulshine printed the following article in the 12/8/2011 edition of the NJ Star Ledger: http://tiny.cc/60hmr

Your Society is beginning to be heard on a regular basis. I encourage you to keep writing letters to the editor and to comment on blog postings. The more we participate in these arenas, the better the chance we will continue to be heard. I would especially like to ask you all to try and get on the next “Ask the Governor” program on NJ101.5.

If you are successful, I hope that you would ask the following question:

Governor Christie, why don’t you issue an Executive Order to the Attorney General specifying that “self-defense” can be accepted as a “justifiable need” to obtain a permit to discreetly carry a defensive handgun to protect one’s life and the lives of their loved ones?

I suggest that the question be asked with as close to these words as possible since it is clear and concise and doesn’t leave that much room for maneuvering.

LITIGATION:
If you attended our most recent meeting, you are aware that Superior Court Judge Douglas Hurd ruled against us in our bid to gain access to the” NJ division of State Police Applicant Investigation Guide”.

We have decided to file an appeal and we will keep you informed of the progress. Rather than being a defeat, we view this as a challenge to redouble our efforts to free New Jersey residents from the increasingly restrictive regulations that infringe on our right to keep and bear arms for legitimate purposes. One very important byproduct of this litigation is the official establishment of “the guide” as a “Standard Operating Procedure Manual”. If this is indeed the case, then individual police departments do *NOT* have the latitude to vary from the dictates of these instructions. This guide can no longer legitimately be used as an excuse to delay processing, or to introduce forms that are not specified in the state regulations. We are in the process of formulating a strategy to use this information to our advantage. I have often been told, “When life sends you lemons, turn it into lemonade”. That is exactly what we intend to do.

I ask you all to use this experience to intensify your commitment to making the RKBA the norm in New Jersey.

Please keep in mind that we are still looking for additional plaintiffs in Atlantic County for our ongoing Operation Establish Compliance campaign; if you are interested or if you know someone who is, please contact us at legislation@nj2as.com. We have retained an attorney and plan to move forward once we have all the plaintiffs in place. It is always a good idea to have multiple plaintiffs for a case such as this. If you feel that you application has been delayed for an inordinate amount of time, or if you have been instructed to fill out forms other than the mental health check and criminal background check, we would like to speak with you.

MEETINGS:
On a more positive note, we held a VERY successful event with attorney Evan Nappen. Evan gave a terrific presentation and followed it up with an exhaustive Q&A session. Everyone in attendance was extremely impressed with Evan and this event. Sandy Berardi and Anthony Colandro of Gun for Hire Radio were on hand to capture interviews with Evan and your President. The result is available on the “MEDIA” page of our www.nj2as.com.

Evan Nappen’s appearance was the first of a series of exciting events we have scheduled for the next few months. On January 11, 2012, attorney David Jensen will bring us up to date on the “Muller” case which, as you all know, is challenging New Jersey’s “justifiable need” clause in order to obtain a permit to discreetly carry a defensive handgun. The current law puts every NJ resident at risk as soon as they leave their front door by preventing them from defending their life and that of their loved ones from anyone who might try to do they serious harm.

Then on February 29, 2012, attorney Alan Gura will address the group. Alan’s successful arguments before the U.S. Supreme Court in the Heller and McDonald cases have given new hope to those who respect the fundamental right to keep and bear arms (RKBA) for legitimate purposes. Alan is truly the Standard Bearer for the RKBA on the National scene.

Alan Gura to Speak at NJ2AS Meeting

We are pleased and honored to be able to bring such important speakers to inform and educate both our members and the community at large. Please be sure to invite your friends and neighbors to register to see these dynamic speakers. How often do you get to hear from attorneys who argue such important cases at such a high level? These events are currently FREE and open to anyone interested in Freedom and constitutional protections. I hope as many of you as possible will register for these events. Seating is limited so please register as early as possible so you won’t be disappointed. Details of these events can be seen online at our website www.nj2as.com under “EVENTS”.

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- A friendly reminder about your event registration:

Date: 03 Dec 2011 7:00 PM EST

You all know Evan Nappen as the Attorney who wrote the book on New Jersey Gun Laws. NJ Firearms owners have been relying upon the information in Evan’s book since the first edition.

Gun Lawyer Evan Nappen

Evan will be talking about his book as well as current issues of concern to NJ Firearms owners. Most importantly, he has agreed to open things up for an extensive Q&A session after his presentation. During the Q&A, Evan will address the NUMEROUS concerns that we have as gun owners in New Jersey.

Please bring your specific, individual concerns and questions with you. Evan will stay as long necessary and would like to answer as many questions as possible. Please remember to invite your family, friends, neighbors and shooting buddies, but please keep in mind:

SEATING IS LIMITED _ SO PLEASE REGISTER EARLY!!!

I would like to personally thank Evan for the enthusiasm he has shown about creating this UNIQUE event for the members and guests of the New Jersey Second Amendment Society. By showing his support he is recognizing the value and importance of what we are doing for the RKBA in NJ.

For everyone interested, Evan will be available to sign copies of his new book.

Bring your checkbooks and don’t forget to make a generous donation to the NJ2AS Operation Establish Compliance Fund.

Thanks for registering and we are looking forward to seeing you!

About:
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- This weeks President’s Letter is primarily about upcoming events:

EVAN NAPPEN will be the featured speaker at our meeting next Saturday December 3, 2011 at 7:00 PM at the American Legion Post 129 on 2025 Church Road in Toms River.

He is going to conduct an EXTENSIVE Q&A session after his presentation.

PLEASE PRE-REGISTER for this meeting at www.nj2as.com. The meeting is FREE and open to the community, but of course donations are always welcome and greatly needed and appreciated. I hope to see as many of you there as possible. If you have never seen Evan in person, you are in for a real treat, if you have – well then, I don’t have to tell you.!!!

If you can arrive a few minutes early and stay a few minutes after to setup and take down chairs, it would be greatly appreciated. Please contact Tony Altieri at tjsportingarms@aol.com if you would like to help.

Don’t forget, we *WILL* be running the Non-resident CCW program, if you are interested in obtaining an out of state CCW license, this is your opportunity. For more information and to PRE-REGISTER please go to our website.

IF YOU ARE NOT ALREADY A MEMBER AND YOU ARE PLANNING ON JOINING TO TAKE ADVANTAGE OF OUR DISCOUNT FOR THE CCW PROGRAM, PLEASE JOIN PRIOR TO SATURDAY’S MEETING. IT WILL SAVE EVERYONE A GREAT DEAL OF TIME.

***DAVID JENSEN – JANUARY 11, 2012***

We will be distributing posters and fliers for next month’s meeting featuring David Jensen. If you would like to help out, please email Corey Vaughan at coreyvaughan@gmail.com.

David Jensen has been retained by the SAF and the ANJRPC as the lead attorney in the case against the state of New Jersey seeking to challenge the “justifiable need” clause contained in the current CCW licensing procedures. The New Jersey Second Amendment Society was responsible for recruiting two plaintiffs for the case (one primary and one alternate). The case has been heard in Federal Court and received an unfavorable ruling – as expected. You will want to attend this meeting to find out more about what has transpired and where we go from here.

I recently saw David speak at the SAF Gun Rights Policy Conference. He is a DYNAMIC and talented presenter and you are all going to want to meet him. DON’T MISS THIS!

This meeting will be held at Gun For Hire Firearms Training Center on 75 Rutgers Street in Belleville, NJ at 7:30 PM on Wednesday January 11, 2012.

***ALAN GURA – FEBRUARY 29, 2012***

Alan Gura needs no introduction. As the winning lead attorney in the legendary Heller and McDonald Supreme Court cases, Alan has earned his reputation as *THE* Nation’s RKBA attorney. Alan has a presence that must be seen to be appreciated. I have had the pleasure of hearing Alan speak at the last two SAF Gun Rights Policy Conferences.

With his crystal clear logic, legal acumen and commanding performance it is easy to see why he is so successful as a champion of our most basic civil rights.

MARK YOUR CALENDARS!!!

Thank you,

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

Arsenal’s SGL12 Semi-Auto Saiga 12-Gauge Shotgun

AmmoLand Gun News

Manasquan, NJ --(Ammoland.com)- Saiga 12’s, Benelli M4’s and virtually any other tactical/military shotgun can no longer be banned from import by the ATF.

A little noticed provision tucked into a large appropriations bill obviously flew under the radar of the “Brady Bunch” and the “Illegal Mayors.”

The new law effectively kills ATF’s plan to stop tactical/military shotgun imports by way of abusing the “sporting purpose” requirement and their agency rulemaking powers.

The “Fiscal Year 2012 Agriculture, Commerce/Justice/Science (CJS) and Transportation/Housing/Urban Development (THUD) Appropriations bills”, also known as the “Mini-Bus”, was passed by Congress, and signed into law by President Obama on November 18, 2011.

The new law reads as follows:

SEC. 541. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if–

(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

This new law became necessary due to the ATF releasing on January 27, 2011, a “Study on the Importability of Certain Shotguns.” The “Study” argued “military shotguns, or shotguns with common military features that are unsuitable for traditional shotgun sports” should be banned from import into the U.S.

The ban would have applied to all shotguns including semi-autos, pump-actions, double barrels, etc. As part of the rulemaking process, comments from the public on the study were allowed to be submitted until May 1, 2011.

Many gun owners had been dreading the ATF’s decision, knowing full well what ATF’s intention was from the start.

Saiga-20 Autoloading Shotguns

For more info visit: http://tiny.cc/t2fob and search on the Phrase “shotgun”.

Side bar: Interestingly Section 219 of the same appropriations bill forbid funds to be used to provide working firearms to a drug cartel member. A year ago before Fast & Furious came to light, that would have seemed like common sense?

SEC. 219. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United…

About:
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).

AmmoLand Gun News

New Jersey --(Ammoland.com)- Think you understand NJ gun laws, we bet you don’t.

Take the quiz and see how NJ defies all logic and makes criminals of well intentioned law abiding gun owners.

New Jersey’s gun laws:

1. ) turn honest citizens into criminals;
2. ) are all felonies (causing a permanent loss of gun rights);
3. ) have mandatory jail time for possessory offenses;
4. ) are aggressively enforced.

New Jersey’s gun laws defy common sense!

Take NAPPEN’S GUN LAW QUIZ below or by clicking HERE.

Nappens NJ Gun Law Quiz

About:
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).

New Jersey Second Amendment Society

New Jersey --(Ammoland.com)- You all know Evan Nappen as the Attorney who wrote the book on New Jersey Gun Laws. NJ Firearms owners have been relying upon the information in Evan’s book since the first edition. Now Evan has released a new book entitled

“The Bulletproof Gun Owner – How NOT to Become a Victim of NJ Gun Laws!”

Evan will be talking about his new book as well as current issues of concern to NJ Firearms owners. Most importantly, he has agreed to open things up for an extensive Q&A session after his presentation. During the Q&A, Evan will address the NUMEROUS concerns that we have as gun owners in New Jersey.

Please bring your specific, individual concerns and questions with you. Evan will stay as long necessary and would like to answer as many questions as possible. Please remember to invite your family, friends, neighbors and shooting buddies, but please keep in mind:

SEATING IS LIMITED – SO PLEASE REGISTER EARLY!!!

I would like to personally thank Evan for the enthusiasm he has shown about creating this UNIQUE event for the members and guests of the New Jersey Second Amendment Society. By showing his support he is recognizing the value and importance of what we are doing for the RKBA in NJ.

For everyone interested, Evan will be available to sign copies of his new book.

Bring your checkbooks and don’t forget to make a generous donation to the NJ2AS Operation Establish Compliance Fund.

We have retained an attorney to represent us and are looking for plaintiffs particularly in Atlantic County. Please contact us at legislation@nj2as.com if you are interested in becoming a plaintiff.

More information and online registration: *** EVAN NAPPEN *** to Address the NJ2AS

About:
New Jersey Second Amendment Society – Our mission is to promote the free exercise of Second Amendment rights within the community and Legislature of New Jersey, to educate the community regarding the enjoyable, safe, and responsible use of firearms, and to engender a sense of camaraderie and fellowship among the members and their families. Visit: www.nj2as.com

AmmoLand Gun News

Eatontown, NJ --(Ammoland.com)- Cavalry Scout Jamie J. Kiklis was assigned to the 3rd Armored Cavalry Regiment in Tal Afar, Iraq during June of 2005.

Part of the mission was to take a terrorist stronghold. While engaging the enemy in the pursuit of the objective, Kiklis was hit twice from enemy rounds fired from a terrorist’s AK-47. One bullet struck him in the abdomen and the other struck him in the thigh. Kiklis then crawled into an uncleared room and proceeded to conduct did his own medical treatment and “pulled security” with his Beretta 92 9mm pistol. While bleeding and trying to ignore the excruciating pain, his fellow soldiers “put the Bradley” through the building creating a potential escape route. He gathered all his strength and hopped out on one foot, while heavy enemy fire of bullets and grenades came in from everywhere.

Calvary Scout Jamie J. Kiklis

Roughly 10 days prior getting shot by the enemy, Kiklis had been wounded by two daisy chained IEDs. For his service to his country, he received 2 Purple Hearts, the Bronze Star with Combat Distinguishing “V” for Valor, 2 Army Commendation Medals, an Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Combat Action Badge. These are just to name some of the decorations, medals, badges, citations, and campaign ribbons awarded to him.

Kiklis knows first hand that a pistol can save lives. After his honorable discharge from the military due to his combat wounds he came home to New Hampshire and applied for and received from his local Chief of Police a New Hampshire Carry License. In December of 2008 he went to visit his girlfriend in Massachusetts. Being so accustomed to carrying a sidearm from both his military experience and living in New Hampshire, he forgot that he had his handgun with him and crossed the border into Massachusetts.

He had pulled to the side of the road to text his girlfriend (now his wife) to inform her that he was lost and going to be late. This war hero with a valid New Hampshire Carry License then encountered the police in Massachusetts. The police discovered Kiklis’ sidearm and arrested him for being in violation of Massachusetts notorious gun laws.

After a long, stressful and embarrassing ordeal of court appearances and spending thousands in legal fees, he eventually had no choice but to plead guilty to violating the Massachusetts’ law of Carrying a Firearm without an I.D. He was placed on probation for two years and had to give up his New Hampshire Carry License and not possess firearms as part of his “punishment” dished out by Massachusetts. After his probation was discharged early because of his (not surprisingly) excellent behavior. He reapplied to get his New Hampshire Carry License issued back to him.

His reapplication for his license was denied by the Chief because:

The investigation done in connection with your application reveals that you have a criminal record, specifically your arrest and conviction of Carrying a Firearm without an ID Card in Somerville Massachusetts.

He hired the Nappen law firm to appeal this denial. The appeal was successful. On July 14, 2011 the District Court issued the following Order:

After hearing the Court finds that the Defendant failed to provide clear and convincing proof, as required RSA 159:9-C, that would justify the denial of the Petitioner’s license application. Therefore pursuant to RSA 159:6-C, the Defendant is directed to issue said license to the Petitioner.

Kiklis was thrilled to get his New Hampshire Carry License back. However, he had been put through the meat grinder of the Massachusetts criminal justice system. He had to go though a further court process in his home state to regain his rights. This after he served and sacrificed for his country to protect all of our rights, including the Second Amendment.

Unfortunately states like Massachusetts do not respect the individual’s Constitutional right to keep and bear arms, even those persons with a lawful carry license issued by a neighboring state.

Gun control victims like Jamie Kiklis should not lose their freedom, property, hard-earned dollars and self-respect for actions that are 100% legal in one state and unreasonably criminalized in another. National Right‑to‑Carry Reciprocity will stop states like Massachusetts, New Jersey, New York, Maryland, California, etc. from turning honest, licensed citizens into criminals and putting them through a legal nightmare. The patchwork quilt of gun carry laws must be stitched up by Congress with a National Right‑to‑Carry Reciprocity law.

This is vital to protect honest citizens like Cavalry Scout Kiklis from being abused by xenophobic and unreasonable gun control laws.

About:
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).

National Rifle Association

FAIRFAX, Va. --(Ammoland.com)- Gun rights attorney and author Evan Nappen is scheduled to be the keynote speaker at the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) combined Annual Meeting Banquet and Friends of NRA Dinner & Auction on Saturday, October 15 starting at 6:00 p.m.

ANJRPC is the official NRA State Affiliate in New Jersey.

The keynote will be entitled “The Bulletproof Gun Owner – How NOT to Become a Victim of NJ Gun Laws!” Autographed copies of the most recent edition of the New Jersey Gun Law Guide will be available at a discounted price, and attorneys will be on site to answer brief legal questions on New Jersey gun law at no charge.

In addition, ANJRPC will be offering new memberships at a discounted rate on site at the banquet ($10 off range memberships and $5 off non-range memberships) – an ANJRPC first!

The festivities are guaranteed to be lively. The auction portion of the banquet will feature one-of-a-kind NRA-branded collectible merchandise, and half the proceeds will be donated back to New Jersey shooters by the NRA Foundation.

Banquet seating ($50 per ticket) is open to the public on a first come, first-served basis. To ensure that seats are still available and that the event is not sold out, please prepay for a ticket by contacting Lisa Caso at lisa@casosguns.com or (201) 424-5536.

This event will be held at the Gran Centurions, 440 Madison Hill Road, Clark, NJ 07066. Directions can be found here or by calling (732) 382-1664.

About:
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military. Visit: www.nra.org

AmmoLand Gun News

Eatontown, NJ – The law firm of Evan F. Nappen, Attorney at Law, PC won an appeal of a gun possession case in which their client, M.R. (a juvenile) had been adjudicated delinquent for the of unlawful possession of a firearm.

The law firm did not represent M.R. in the Court below where M.R. was found guilty and sentenced him to 60 days in custody (suspended) and one year probation.

M.R. had gone target shooting with his grandfather on the previous Sunday.

Unbeknownst to M.R., a firearm had been left in the trunk of his grandfather’s car that M.R. had borrowed to drive a friend home.

On the day in question the car got a flat tire and the police became involved and sussquently ended up seizing the gun and bringing charges.

Today the Appeallete Division in STATE OF NEW JERSEY IN THE INTEREST OF M.R. reversed the guilty finding of the Court below. Louis P. Nappen, Esq. wrote the appeal brief.

The Appellate Decision in its entirety may be read HERE.

“Hell is paved with good intentions.” Boswell’s Life of Johnson, April 14, 1775

New Hampshire's Riley’s Gun Shop is the back drop for this sneaky attack on gun owners. Where they the first duped by the anti's or willing participants? Reader should ask them?

AmmoLand Gun News

New Hampshire --(Ammoland.com)- Recently New Hampshire gun dealers were sent a large manila envelope from the NH Firearms Safety Coalition.

The packet contained a number of items with a disturbing anti-gun-rights message, including a full color poster proclaiming:

“Suicides In NH Far Outnumber Homicides. Firearms Are The Leading Method Attempts With A Gun Are More Deadly Than Attempts With Other Methods.”

The poster may be viewed here: www.theconnectproject.org/uploads/docs/Posterfinal.pdf .

Misleading & a Recipe for a Lawsuit
Suicides outnumber homicides in NH because NH is a low-crime state. According to the National Institute of Mental Heath, firearms are not the “LEADING METHOD” amongst women; poisonings are the “LEADING METHOD” for that demographic. Firearms are a tool which can abused like anything else. Their effectiveness in suicide is irrelevant. The major causes of suicide, such as untreated depression, are the real problem.

The packet also included a “Tip Sheet” to New Hampshire firearm retailers that lists eight “Signs that a potential buyer could be suicidal,” eight “Options for responding to a potentially suicidal buyer,” and four “What else can I do” suggestions. This “Tip Sheet” creates a handy checklist for a personal injury attorney to use when suing a gun dealer who sells a gun to a suicide victim. One can well imagine the trial lawyer questioning the gun dealer “Tip” by “Tip” as to whether the gun dealer noticed any of the listed “Tips” or whether he had trained his employees to do so. The “Tip Sheet” may be viewed here: www.theconnectproject.org/uploads/docs/Tipsfordealers.pdf .

There is also a “Firearm Purchase Checklist” provided for customers to sign. This “Checklist” includes such affirmations as “I am not buying this firearm with the intent of harming another person or myself and pledge to use it only in a legal and responsible manner.” So much for a person buying a gun for self defense, since the intent of a self defense purchaser is very much to harm another person by the lawful use of deadly force, should it become necessary.

The “Firearm Purchase Checklist” also requires the salesperson to know the buyer’s true intent for the purchase of the gun by requiring the salesperson to sign off on the following: “Salesperson: I have demonstrated the safe operation and locking of this firearm and have removed the chamber plug. Nothing in the purchaser’s manner, actions, or speech indicate that he/she intends to use this firearm for illegal purposes or is otherwise unqualified to legally own or safely operate a firearm. I have double-checked all paperwork associated with this sale and certify that it is accurate and complete in all respects.” (Emphasis added) This way, the salesperson can be held accountable if there is a future problem. The “Firearm Purchase Checklist” may be viewed here: www.theconnectproject.org/uploads/docs/FirearmPurchaseChecklist.pdf .

There is even a video posted online (www.youtube.com/watch?v=97Fu2qmShZg) pushing this effort, and the speaker says, at 0:30,“The Firearms Safety Coalition people came in and asked me to put it up. I know they are not anti-firearm but they are anti-suicide.” (Emphasis added)

Following the money leads back to the anti-gun Joyce Foundation.

Who Is Behind This?
Unfortunately, if one follows the money trail it ends up that two of the nation’s top anti-gun-rights activist foundations are helping to fund the project. The cover letter dated August 16, 2011 that dealers received in their packets states at the bottom that “This project is funded by: Community Health and Healing Fund, NAMI NH; Bureau of Behavioral Health, NH DHHS; Harvard School of Public Health; Injury Prevention Center at Dartmouth; and Riley’s Gun Shop.” (Emphasis added) The letter may be viewed here: http://pgnh.org/nhfsc_letter_0 .

According to the Harvard School of Public Health, they run the “Means Matter” project which looks to reduce the “Means” of suicide (as opposed to the cause), and they state the following on their website (www.hsph.harvard.edu/means-matter/ ):

“The Harvard Injury Control Research Center is dedicated to reducing injury through training, research, intervention, evaluation, and dissemination… The Center is part of the Harvard School of Public Health. The Means Matter Campaign is funded by The Joyce Foundation and the David Bohnett Foundation.”

The funding path goes down from the Harvard School of Public Health to the Harvard Injury Control Research Center to the Bohnett Foundation and the Joyce Foundation. Both the Bohnett and Joyce foundations are infamous for being extremely anti-gun-rights.

The David Bohnett Foundation “supports and encourages groups that promote the goals of reduction and elimination of the manufacture and sale of handguns in the U.S.” (Emphasis added) The Bohnett Foundation has donated $198,000 to the Brady Center to Prevent Gun Violence (formerly Handgun Control, Inc.), $30,000 to the Campus Alliance to End Gun Violence, $235,000 to the Educational Fund to Stop Gun Violence, $105,000 to States United to Prevent Gun Violence, and $325,000 to the Violence Policy Center.

Since 2003, the Joyce Foundation has paid grants totaling over $12 million to gun control organizations. The largest recipient of grant monies is the notorious Violence Policy Center, which received $4,154,970 between 1996 and 2006. The VPC is a rabid anti-gun-rights group that wants total bans on handguns and semi-automatic firearms, and major controls placed on gun owners. The NRA has described the Joyce Foundation as an activist foundation whose “shadowy web of huge donations” leads “straight to puppet strings that control the agenda of gun ban groups.”

The NRA has warned about the anti-gun-rights movement using the suicide and guns issue to promote their anti-second amendment agenda.

The NRA states on their suicide and firearms fact sheet: “Gun owners should be aware of basic concepts and available data on suicide and firearms in order to be able to counter anti-gun propaganda that appears in the media and elsewhere. Suicide is a serious issue. It deserves serious, scholarly discussion, rather than use as a political football by unscrupulous propagandists grasping at any opportunity to make a case for their preordained agenda.”

The fact sheet, which includes a number of well-researched footnotes, may be viewed here: www.nraila.org/Issues/FactSheets/Read.aspx?id=117&issue=023 .

Treat the Cause Not the Means
The major causes (not means) of suicide, like untreated depression, are the real problem. Frankly, “Means” do NOT really matter. Making guns a scapegoat is wrong, and part of an anti-gun-rights ploy funded by major anti-gun-rights groups. Doing so puts dealers and ranges at greater risk for lawsuits and new anti-gun laws. If people want to kill themselves there are endless ways to do so—as shown by the high suicide rates in countries such as Japan, where guns are essentially unavailable.

Unfortunately, some well intentioned folks have been used to promote a campaign that threatens our gun rights. The anti-gun-rights crowd likes nothing better than when we destroy ourselves by unknowingly supporting their efforts.

About:
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).

No Questions Asked Gun-Buy-Backs Are Illegal

FirearmsCoalition.org

Manassas, VA --(Ammoland.com)- For decades we’ve heard about gun turn-ins – “Gun Buy-Back” programs sponsored by churches, civic groups, and various other misinformed do-gooder organizations.

The very name – buy-back – implies that guns belong not to individuals, but to the government, or at least to the people who don’t like guns.

The programs have the stated purpose of “getting guns off the street,” which seems to give operators a pass from further scrutiny, even as they offer a tangible good such as a grocery store coupon or gift card in return for a gun, “no questions asked,” much like any other fencing operation.

Finally someone has forced the question: Are these programs legal?
Attorney and author of the New Jersey Gun Law Guide, Evan Nappen, not only asked the question, he is offering a $5000 bounty for anyone who can prove an affirmative answer.

Nappen is specifically asking about the legality of a church-sponsored program in the state of New Jersey.

As an expert on New Jersey gun laws Nappen says he can find no provision in the state’s maze-like gun statutes that permit churches and civic groups, or the people surrendering (actually selling) the guns, to by-pass the thicket of New Jersey state laws that require permits, background checks, and paperwork whenever a gun is transported or transferred.

Mr. Nappen also questions the “no questions asked” policy, and the immediate destruction of the guns, which might be stolen property, or could be evidence in serious crimes. Additional details of Nappen’s challenge can be seen on his web site, www.EvanNappen.com.

I don’t expect Evan will lose the $5,000 anytime soon. He knows New Jersey law and it is pretty clear that there are very specific requirements which are not being met in these “buy-back” programs.

Under New Jersey law, anyone wishing to surrender an illegally possessed firearm must first state their intention to do so in writing to their chief of police or the head of the State Police. The statement must include their identity. Also, while New Jersey does offer some immunity from prosecution to a person who turns in a gun in this manner, that immunity is limited to the crime of illegally possessing the gun, not to any other crimes that might involve the gun.

Further, it is a direct violation of NJ law for anyone other than a licensed dealer to purchase a firearm unless they have a special permit from the state. There is no provision for exceptions, exemptions, or special dispensations, and again, there is a requirement that paperwork be filled out which includes the name and identifying information of both the purchaser and the seller. Anonymous transactions are not legal in New Jersey. On top of all of that there is the issue of transporting the guns to the “buy-back” location. New Jersey has draconian laws regarding the transport of firearms and there is no exception for someone going to a “buy-back.”

The fact is that in New Jersey, like most other states, there simply is no provision for suspending gun control laws for the sake of anti-gun propaganda events.

Gun “buy-backs” are legally questionable even when they are conducted by municipalities or police departments. When they are conducted by private entities, there is no cover of law to be found. Not for the organization sponsoring the event, not for the people working the event, nor for the people bringing guns to the event to turn in. Just because law enforcement chooses to turn a blind eye to the infractions does not make them legal. Police may claim a need to use use discretion and common sense when they enforce the law – we’ve all seen stories of a kid’s lemonade stand shut down due to licensing or zoning issues, or when the Salvation Army is gigged for not paying minimum wage when they give a wino homeless person a few dollars for helping around the thrift store, but this goes beyond discretion. Wholesale disregard for laws that shouldn’t exist by the very people who demanded that they be passed in the first place goes beyond the realm of sense.

The New Jersey gun laws clearly infringe on the fundamental rights of citizens and are routinely used to ruin the lives of people who have no malicious intent or criminal agenda. Look up Brian Aitken for a stunning example. These are bad laws which do no good and cause great harm. They should be repealed, but until they are, they should not be ignored when it comes to the people who helped pass them.

Hollywood celebrities call for disarming the masses while they are protected by their armed bodyguards and their special dispensation carry permits. Legislators pass special exemptions and amnesty periods when they find one of their own snared in stupid gun laws. And well-meaning, peace-marching church folk call for stricter gun laws, but then expect to be able to openly defy those laws in the name of “getting guns off the street.”

It’s hypocritical, it’s wrong, and they shouldn’t be allowed to get away with it.

©Copyright 2010 Neal Knox Associates – The most trusted name in the rights movement.

About:
The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition is a project of Neal Knox Associates, Manassas, VA. Visit: www.FirearmsCoalition.org

NRA - ILA

Charlotte, NC --(Ammoland.com)- NRA-ILA grass roots news continues to cover break gun rights news with a new and improved format for the “Grassroots News Minute” video!

Cam Edwards talks to New Jersey Firearms Attorney Evan Nappen about whether the state of New Jersey needs more gun control laws?

To view the current video in its new format, please click above:

Read More on these topics:

• McCarthy’s Gun Magazine Ban Turns Widows into Felons
• Close the Car Show Loophole!
• Firearms and New Jersey – This Week on Gun Talk

About:
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military. Visit: www.nra.org

At car shows and swaps throughout the United States, cars are sold in private sales with no dealer being involved, hmm?, sounds just like gun shows…

Letters to the AmmoLand Editor: Got something on your mind? Let us know and you can see it here.

Manasquan, NJ --(Ammoland.com)- At car shows and swaps throughout the United States, cars are sold in private sales with no dealer being involved.

Car shows at which cars are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other wrongdoers obtain cars without credit background checks and without records that enable car tracing.

We all know that cars kill and that they are one of the biggest killers in the US. Cars cause accidents and facilitate crimes. Cars even cause mass murder and mayhem (like intentionally driving into a crowd). Cars are a menace that must be tightly controlled.

Some of these cars end up in criminal hands as get-away cars or are used by murderers, drug dealers or gang-bangers. Some cars are smuggled into Mexico and used by drug lords there. Convicted felons, mentally deranged persons, domestic abusers, and aliens unlawfully in the US can all buy a car at a show. Even those on the terrorist watch list can go to a car show and buy a car.

Many of these cars have transmissions which are automatic and/or semi-automatic. At these car shows various accessories are freely bought and sold, like extended gas tanks, folding seats and even mufflers. One can also buy “a shoulder thing that goes up,” also known as a safety belt.

Some cars are converted and many are customized. Why would anyone need such a car? The police are “out-carred” on a daily basis. Many departments say they need more horsepower, but can’t afford it. How many must die before we close the car show loophole?

Fortunately, Representative McCarthyism and Senator Lousenburp have filed bills to require all car transfers at car shows and swaps to go through a dealer. They have the full support of Mayor Bloomingidiot and C.M.A.Y.R. (Corrupt Mayors Against Your Rights)

Some of the important features of the bill are as follows:

1. It will insure that a credit background check is run, a record is made and all paperwork will be done. Dealers can only sell to customers who have proper identification so a computer check can be done.
2. “Car event operators” must submit names of all “vendors” to the FBI, both before and after the show. It does not matter whether any vendors sold a car. A private citizen going to a car show hoping to sell or trade a car, but who does not find a buyer and leaves with his own car, would remain in a “vendor” file with the FBI forever.
3. It would require registration of car shows. This would allow the authorities to make sure event organizers have no paperwork violations. It would also allow government agents to question car owners who gather for purposes other than selling cars.
4. It allows inspection, at a car show, of a show promoter’s or dealer’s entire business records—including records of transactions that occurred at other shows or at a dealer’s licensed place of business.
5. It turns casual conversations into “car show sales.” A person could still agree to sell a car to a friend in a conversation at the local gas station; but if the same conversation took place at a car show, the credit check requirement would forever apply to that car. It even applies to a car that a seller and buyer talk about at a car show, but don’t have with them.

This should fix the car show loophole. Next to be fixed are the wedding show loophole, home improvement show loophole, sports memorabilia show loophole, coin show loophole, flower show loophole, model train show loophole, doll show loophole, boat show loophole, motorcycle show loophole, comic book show loophole, horse show loophole, golf show loophole, and of course the gun show loophole. If it saves just one life it’s worth it. We have to do it, for the children.

Attorney Evan Nappen is the General Counsel for Pro-Gun New Hampshire. He practices law in Concord, New Hampshire, and Eatontown, New Jersey.

Under McCarthy's bill the Uberti’s 1860 Henry would be a high capacity assault rifle...?

AmmoLand Gun News

Manasquan, NJ --(Ammoland.com)- The predictable knee-jerk reaction to the Tucson atrocity from freedom takers like U.S. Rep. Carolyn McCarthy, D-N.Y., was to put forward a bill to ban so-called “high-capacity” magazines.

Any magazine that holds more than 10 rounds is covered, and the ban is not limited to semi-automatic firearms. Bolt actions, pump actions and lever actions are all included.

This would easily encompass tens of millions of magazines, many of which are simply an original part of the gun as made and sold.

The bill would ban new manufacture and make it unlawful for an honest citizen to ever transfer a magazine that holds more than 10 rounds to another. This creates a slew of consequences not readily apparent.

Because no provisions exist for lawful transfer or new possession by inheritance, widows and heirs are turned into instant felons. No provision is made for how to lawfully dispose of the prohibited magazine. It is unlawful for widows and heirs to either keep the magazine or to get rid of it (transfer).

A current possessor is forced to keep the magazine forever because no provisions exist for lawful transfer. One cannot transfer it to anyone. Transfer it and go to federal prison for up to 10 years.

Guns that have magazines of more than 10 rounds are destroyed in value. They become expensive single shots unless replacement magazines holding 10 rounds or less are available and purchased at the owner’s expense. For many rare and collectible guns, no such magazines even exist.

Guns that have historic or provenance value will have their value destroyed because the original magazine can no longer be transferred with the gun.

It is plainly a “taking” under the 5th Amendment with no compensation to the owner.

Guns that have fixed magazines of more than 10 rounds are rendered entirely worthless because the magazine is an integral part of the gun. For example, the 1860 Henry lever action rifle, the 1866 “yellow boy” lever action rifle, the 1873 Winchester sporting lever action rifle, the 1883 Burgess lever action rifle, the 1884 Colt Lightning pump action rifle and 1876 Centennial lever action rifle, which are all made today by the A. Uberti Firearms Company, would be banned because they all hold more than 10 rounds. These rifles are magnificent reproductions of historic firearms.

Anyone who has invested in these fine historic reproduction firearms must keep them forever and then put their heirs into a quandary.

Considering how long magazines holding over 10 rounds have been around, McCarthy’s bill is an absurdity. It will have no impact on stopping a deranged person bent on mayhem, but it will harm tens of millions of honest citizens and turn widows into felons.

(As appeared in the Union Leader Newspaper 2/7/11 under the title “High-capacity magazine ban an unconstitutional taking of property”)

National Rifle Association

Fairfax, Va--(Ammoland.com)- The National Rifle Association praised New Jersey Governor Chris Christie for commuting the prison sentence of Brian Aitken—a gun owner who was arrested, convicted and imprisoned for illegal possession of firearms, even though he had made every effort to comply with New Jersey’s restrictive and confusing laws.

The NRA Civil Rights Defense Fund supported Mr. Aitken’s case.

“On behalf of the 4 million members of the National Rifle Association of America, I would like to thank Governor Christie for freeing Brian Aitken in time to spend the holiday with his family,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.

Mr. Aitken was convicted last year of illegal possession of firearms, following a trial in which the judge refused to let the jury hear about exceptions in the law that allow possession of firearms without a license, while moving to a new residence. Mr. Aitken was sentenced to a seven-year prison term even though he had lawfully purchased and owned the firearms.

“While Governor Christie’s grant of clemency was absolutely the right thing to do, Brian Aitken’s case is just one example of how New Jersey’s ridiculous gun laws turn law-abiding gun owners into criminals,” added Cox. “There is a serious need to reform New Jersey’s gun laws so that the full weight of the state’s law enforcement and legal system falls squarely on the shoulders of criminals, not on people like Brian Aitken.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

NRA - ILA

Charlotte, NC --(Ammoland.com)- NRA-ILA grass roots news recently debuted a new and improved format for the “Grassroots News Minute” video!

To view the current video in its new format, please click above:

Interview with Brian Aitken’s attorney Evan Nappen on Brian Release from Prison by the NJ Governor.

Read More on these topics:

• New Jersey Governor Commutes Brian Aitken’s Sentence
• NRA Civil Rights Roundup Regarding Brian Aitken
• Chris Christie’s Christmas Clemency for Brian Aitken

About:
Established in 1871, the National Rifle Association is America’

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation will travel to New Jersey Dec. 12 to join speakers at a rally in Toms River in support of Brian Aitken.

The New Jersey man has been imprisoned for essentially having two legally-owned handguns in his car, parked at his parents’ home, along with other belongings he was moving to a new residence in another city.

Gottlieb will join Scott Bach, president of the Association of New Jersey Association Rifle & Pistol Clubs (ANJRPC) at the microphone, along with radio personality Dennis Malloy, attorney and author Evan Nappen, and members of the New Jersey Legislature, Assemblyman Michael Patrick Carroll and Assemblywoman Allison Little McHose. Also scheduled to speak are firearms training expert Anthony Colandro and Gene Hoyas of ConservativeNewJersey.com.

“Brian Aitken’s case is a clear demonstration of how easily New Jersey’s restrictive gun laws can be abused,” Gottlieb stated. “SAF and ANJRPC recently filed a federal lawsuit aimed at how the state’s Draconian gun law is administered. How could I not be there on Dec. 12 to support a man whose case amounts to a civil rights outrage?”

The rally is sponsored by the New Jersey Second Amendment Society, which is raising public awareness about Aitken’s plight. Their goal is to petition Gov. Chris Christie to grant clemency and release Aitken from prison before Christmas.

The rally begins at 2 p.m. at the American Legion Post 129 at 2025 Church Road in Tom’s River.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

Gun Talk Radio

MANDEVILLE, LA --(Ammoland.com)- Tom talks firearms and state law this Sunday on Tom Gresham’s Gun Talk (R) Radio, the only nationally-syndicated radio talk show about guns and the shooting sports.

Sandy Chisolm, President of North American Arms, stops in to talk with Tom about all the great products NAA offers, including the Mini and Guardian lines of pistols and revolvers.

You may not know Attorney Evan Nappen’s name, but you have definitely come across his client’s name, Brian Aitken, recently.

Aitken is serving a seven-year sentence for unlawful possession of firearms in the State of New Jersey. His case has been making national news the past few weeks, and Nappen has high hopes that the coverage will finally shed light not only on the strange firearm laws in New Jersey, but on Aitken’s case as well, particularly his petition for clemency.

Well-versed on firearm laws in New Jersey, Nappen has literally written the book on it, titled “New Jersey Gun Law Guide”, among others.

Says Nappen about Aitken’s case, “I’m confident we’ll be victorious on appeal. If we are not, every gun owner in New Jersey is at risk.” Nappen visits Gun Talk with updates on the case.

Also concerned with New Jersey gun laws is Frank Fiamingo, President of the New Jersey Second Amendment Foundation. Fiamingo’s group is holding a rally in Brian Aitken’s honor on December 12th at the American Legion Post 129 in Toms River, NJ. The goal of the rally is to petition Governor Christie to grant Brian clemency and release him to his family before Christmas. There will be multiple guest speakers, including members of the local media, Evan Nappen, Second Amendment Foundation’s Alan Gottlieb, NRA Board Member Scott Bach, and more.

About:
Tom Gresham’s Gun Talk Radio is in its 15th year of national syndication, Gun Talk Radio airs live on Sundays from 2PM-5PM Eastern, and runs on 101 stations, plus SIRIUS XM Satellite Radio. All Gun Talk shows can be downloaded as podcasts through Apple iTunes, the Gun Talk iPhone App, the Blackberry Podcast App, or at www.guntalk.libsyn.com. More information is available at www.guntalk.com.

Abe's Awesome Armaments in New Hampton, NH

KnifeRights.org

New Hampshire --(Ammoland.com)- Abe Foote of Abe’s Awesome Armaments in New Hampton, NH, who was an unfairly prosecuted victim of New Hampshire’s former restrictions on switchblade sales, was reunited on Wednesday with some of the knives the police had seized.

Unfortunately, approximately one third of the knives seized by the police remain unaccounted for, having disappeared from the evidence room. An internal investigation has been launched by the County Prosecutor. Knife Rights attorney and Freedom’s Point award winner Evan Nappen got the court order for the knives’ return.

Nothing will ever truly compensate Abe for the miscarriage of justice he suffered between the unfair prosecution and a poor defense by his former attorney, but he can at least gain some satisfaction that he’ll have 2/3′s of his stock back just in time for Bike Week in New Hampshire and that the missing knives are being criminally investigated.

About:
Knife Rights. The first step to building an effective advocacy group is building the membership. Power comes from numbers. Knife Rights offers a range of Charter Memberships and there’s one that will suit you perfectly. Invest a modest sum in A Sharper Future. JOIN NOW!

Encourage your friends to join Knife Rights and you can win a custom knife in our Member-Get-A-Member program, as well as free annual memberships.
Email: dritter@KnifeRights.org

KnifeRights.org

New Hampshire --(AmmoLand.com)- State Representative Jennifer Coffey (R) has introduced a bill to legalize “stilettos, switch knives, daggers, and dirk-knives” for all law-abiding citizens in New Hampshire.

Heretofore, these knives, which are not well-defined in the state law, have been restricted in the state, even though New Hampshire has some of the most liberal gun carry laws in the nation. The bill has received broad bipartisan support according to our sources and stands a good chance of passage.

Knife Rights member and Second Amendment legal advisor, Evan Nappen, has been actively involved in developing and promoting this bill. Knife Rights is planning on testifying in support of this bill as it moves through the legislative process.

Rep. Coffey’s bill removes the prohibition on these knives and focuses the law on CRIMINAL USE of the knives. Knife Rights supports efforts that remove restrictions on ownership, carry and legitimate use of knives as tools and arms and recognizes that it is the criminal use of knives that should garner the law’s attention.

You can read more about this bill from Rep. Coffey on the Second Amendment Sister’s web site: http://www.2asisters.org/

Knife Rights has quickly grown to become America’s largest grassroots knife owners organization. This latest fight against Customs Pocket Knife Grab has validated the power and importance of a dedicated grass roots organization in defending your knife rights. Invest in a Sharper Future™. Become a Knife Rights member and make a contribution to support the fight against Customs Pocket Knife Grab.

New Jersey Gun Law Guide

Somerset, NJ --(AmmoLand.com)- New Jersey gun rights attorney and author Evan Nappen is scheduled to be keynote speaker at the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) combined Annual Meeting Banquet and Friends of NRA Dinner & Auction on Saturday, October 17 starting at 6:00 p.m. ANJRPC is the official NRA State Affiliate in New Jersey (www.anjrpc.org).

Attorney Nappen’s third book on New Jersey gun laws (http://www.lulu.com/content/paperback-book/new-jersey-gun-law-guide/7690746) will be launched at the banquet, and signed, numbered copies will be available to attendees at a discount.

The festivities are guaranteed to be lively as Attorney Nappen shares his unique perspective on how New Jersey’s tangled web of gun laws entraps law abiding gun owners. The auction portion of the banquet will feature collectible merchandise, and half the proceeds will be donated back to New Jersey shooters by the NRA Foundation.

Banquet seating ($50 per ticket) is open to the public on a first come, first-served basis. Prepay for a ticket to ensure that seats are still available and that the event is not sold out (contact Lisa Caso at lisa@casosguns.com or 201-424-5536).

The event will be held at the Ramada Inn Somerset, 60 Cottontail Lane, Somerset, NJ 08873 (732-560-9880)

“Retail Dealers will only be able to obtain one handgun a month from any source except another Retail Dealer (who is not likely to sell any of their dwindling inventory to another dealer.) As dealer inventories sell out, they will not be able to replace it except at the worthless pace of one gun a month. In a short time, there will be no handguns left for dealers to sell.”

New Jesery

Trenton, New Jersey - -(AmmoLand.com)- Handgun sales and purchases by New Jersey Retail Dealers are going to virtually end after November 2009. This is because the New Jersey legislature hurriedly passed the so-called “One Gun a Month” bill (A339), which was known to be seriously flawed. The defective bill is absurd, as it address a non-existent problem. No self-respecting gun trafficker would obtain their handguns by first applying for New Jersey Handguns Permits, paying over $50 in fees, and insuring that any handgun he sells on the street was papered to him! Notwithstanding just how idiotic the law is, it awaits the Governor Corzine’s signature and there is no reason to believe he will veto it.

However, even the Governor felt it was necessary to issue an Executive Order creating a “Task Force” to examine the law’s impact on collectors and sportsmen. No mention was made by the Governor of examining its effect on honest citizens who want to buy a particular handgun for self-protection. Also not mentioned for study is the impact on Retail Dealers, the US Armed Forces, the National Guard, recognized military organizations, nuclear power plant security, public utilities, institutional guards, widows, banks, security agencies and private detective agencies. Is the “Task Force” just window dressing or will this poorly drafted legislation actually be “fixed”? If the law is not changed it will:

• - Kill Retail Dealer business by cutting them off from their primary suppliers of new and used handguns (wholesalers, manufacturers, distributors and individual private sellers), all of whom are NOT exempted from the legislation. Dealer inventories will eventually drop to nothing.
• - Virtually End the ability for a New Jersey resident to special order a new handgun from a Retail Dealer by cutting off Retail Dealers from purchasing more than one handgun, except from another Retail Dealer. (Unless you are the lucky “one” chosen by your Retail Dealer for that month’s one gun quota, you are S.O.L.)
• - Potentially Cripples Handgun Procurement by the US Armed Forces, the National Guard, recognized military organizations, nuclear power plant security, public utilities, institutional guards, banks, security agencies and private detective agencies, who are NOT covered by the bill’s “law enforcement” exemption.

Virtually Ends Retail Handgun Sales In NJ

A339 states:

i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchasedwithin any 30-day period, but this limitation shall not apply to:… (3) transfers of handguns between licensed retail dealers. (Emphasis added)

Special orders for particular models of handguns will be a thing of the past. Eventually, Retail Dealers will be lucky to have any inventory for sale at all. Retail Dealers will only be able to obtain one handgun a month from any source except another Retail Dealer (who is not likely to sell any of their dwindling inventory to another dealer.) As dealer inventories sell out, they will not be able to replace it except at the worthless pace of one gun a month. In a short time, there will be no handguns left for dealers to sell.

Citizens will no longer be able to sell their handguns to New Jersey Retail Dealers, unless they have the one handgun the Retail Dealer wants to buy that month. God forbid they have more than one handgun to sell! For example, a widow selling the all the deceased’s handguns in the estate to a Retail Dealer will be a thing of the past.

The Retail Dealers will be stopped cold. Forget about selling your guns to a Retail Dealer, having the Retail Dealer enter the handguns on his/her bound record books and conducting an instant background check on their future sale. As Retail Dealers turn away private sellers in droves, there will be a boom in private sales, grey market sales and black market sales as demand and prices skyrocket!

Kills The Retail Dealer Business

The law contains language exempting “transfers of handguns between licensed retail dealers.” The term “retail dealer” is defined by current law in 2C:39-1L, and essentially refers to persons engaged in the sale or repair of firearms for profit to ultimate consumers. The definition explicitly excludes “wholesale dealers,” which are defined elsewhere in 2C:39-1S (which essentially refers to persons who sell firearms to those who are not the ultimate consumers).

Because the law only exempts transfers between licensed retail dealers, the one gun per 30 days restriction still applies to transfers from all others, including wholesale dealers, manufacturers, distributors and individual sellers. Most firearms sold by Retail Dealers are obtained from wholesale dealers, distributors and manufacturers. Many Retail Dealers also buy used firearms from individuals and resell them. It is rare for a retail dealer to buy from other Retail Dealers, which is the only exempted class of transfer.

As a result, retail dealers would be cut off from their primary suppliers (wholesalers, manufacturers, distributors and individuals) and can only purchase one handgun every 30 days from these suppliers. New Jersey’s several hundred licensed retail dealers are destroyed by this law.

Cripples Handgun Procurement By Military And Security Organizations:

In two places, the law contains language exempting “a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties.” However, the proposed exemption for “federal law enforcement” (e.g., FBI, ATF, Secret Service, US Marshalls, etc.) falls short of covering military and security organizations, which are always identified and treated separately and distinctly from law enforcement under existing exemptions from New Jersey gun law. Recognized categories of military and security organizations that are ignored by the law include: Members of the U.S. Army, Navy, Air Force, Marines, Coast Guard, National Guard, and recognized military organizations (2C:39-6a(1), 2C:39-6a(6), and 2C:39-6c(6)); nuclear power plant security (2C:39-6a(10)); public utilities (2C:39-6c(8)); institutional guards (2C:39-6b(5)); security agencies and private detective agencies (which supply employees with firearms for their guard duties under New Jersey’s private detective law).

Because these categories were not explicitly exempted under the new law as they are elsewhere in the old law, they are not exempt and the legislation interferes with necessary procurement of handguns by these organizations.

Conclusion

It is a disgrace for the legislature to quickly pass such a absurd bill and then have the Governor support the law, while simultaneously issuing an Executive Order creating a “task force” to examine the law’s impact. The proper way to handle such a situation is called “VETO.” We are now dependant on post enactment amendments to stop this travesty. Anywhere other than New Jersey this bill would never have made it out of committee, no less be signed into law. Let’s hope we see some real “change” before the problems created by this flawed legal scheme causes irreparable harm.
Read more on this at www.evannappen.com