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)- 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)- 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 – 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.

FFLGuard

New York City, NY --(Ammoland.com)- FFLGuard, a cooperative legal program offered to Federal Firearms Licensees by The Chiafullo Group, LLP (“the Group”), a law firm based in New Jersey, provides cost-effective and specialized legal counsel to independent gun retailers in the event of a Bureau of Alcohol, Tobacco , Firearms and Explosives (“BATFE”) compliance inspection, or in defense of civil litigation aimed at scrutinizing the retailer’s business practices. FFLGuard has experienced increased demand as the program has caught the attention of clients across the nation who face similar legal obstacles in their marketplaces.

Christopher Chiafullo, attorney and founder of the FFLGuard program, currently serves as its National Coordinating Counsel and Director of Special Operations. Chiafullo works with subject matter experts and firearms-specific counsel to develop FFLGuard’s “Law Plus Guidelines” and deliver the unique legal program nationwide, affording cost-effective compliance solutions to over 200 FFL’s in 36 states. Chiafullo recently asked attorney David Goldman, to join the FFLGuard program. He joins a growing and impressive group of experts in FFLGuard’s Special Operations Branch.

Mr. Goldman, founder of the Apple Law Firm of Jacksonville, FL, will provide his National Firearms Act (“NFA”) Trust expertise to the FFLGuard program. Specifically, FFLGuard will refer clients (and their retail customers) to Mr. Goldman and his network of Gun Trust Lawyers to utilize his expertise developing Gun Trusts for NFA firearms and collectors of firearms in every state where FFLGuard has clients.

“NFA Trusts,” “Firearms Trusts,” “Title II Trusts,” and “Class 3 Trusts” are all a specific type of legal instrument called “Revocable Living Trusts,” that deal with the unique issues of owning,transferring, and possessing Title II firearms (silencers, short barrel rifles and shotguns, AOWs and machine guns).

When individuals purchase a Title II firearm sold by a Dealer with a Class 3 SOT, the Chief Law Enforcement Officer of the city or county where the individual resides is required to sign a document called a Form 4. This sometimes leads to delay or disappointment. Yet individuals can legally purchase and own a Title II firearms through a NFA Trust, wherein the Trust (not the individual) actually purchases and holds title to the restricted firearm or gun.

The NFA trust is not required to submit fingerprints nor seek the approval of the local chief of police. Instead the federal government will verify and investigate the application. Many individuals prefer the NFA Trust over creating a corporation or LLC to do the same thing because the NFA Trust is less expensive to operate, deals with issues of incapacity and death, and provides greater privacy as to who owns the Class 3 firearms.

“The ability to assist current and prospective FFLGuard clients with access to Mr. Goldman and his Gun Trust Lawyers will help our clients sell more products under their Class III License to qualified retail customers, while still keeping in line with our ‘Law Plus Guideline’ philosophy,” states Chiafullo. “We understand that the right to bear arms is a constitutional right that is always ‘under fire’ by current state and federal laws. Giving our FFLGuard clients better legal tools to comply with state and federal laws is part of our obligation to them, and aligning with David [Goldman] adds the bonus feature of giving our clients a ‘value-added’ service they can share with their customers.” Chiafullo added, “[if] both our clients and their customers have better access to and understanding of NFA Trusts, then it’s a win- win-win for the industry, FFLGuard, and the Title II weapon-buying public.”

“This is the next step for our program as we continue to provide superior legal counsel to the independent firearms retailer,” Chiafullo said.

If retailers are interested in joining FFLGuard or would like additional information on the FFLGuard program, please visit www.fflguard.com or call 1-888-FFL-GRD1 (1-888-335-4731). Also, anyone can follow Mr. Chiafullo on Twitter: @FFLGuard.

Law School & College Students Invited to National Firearms Law Seminar

Students for Concealed Carry on Campus

Any Campus, USA --(Ammoland.com)- The NRA Foundation has invited SCCC members to attend its 14^th Annual National Firearms Law Seminar this year (April 29, 2011) in Pittsburgh.  All current law school and college students will be admitted free of charge.

I was able to attend last year, and I can report that the annual firearms symposium is an outstanding experience.

Speakers this year include a representative from the FBI office of general counsel as well as the ATF’s chief counsel. In addition to the speakers, last year about 300 lawyers specializing in firearms law attended this event .

You would be hard pressed to find any other room so packed with legal talent when it comes to the issues relating to firearms and the law. This year proves to follow this model.

This event should also prove to be an excellent networking opportunity for those interested in entering the firearms legal field.

The seminar is taking place during the same weekend as the NRA annual meeting. The NRA meeting includes a trade show similar (but smaller in scale) to the SHOT show.

Registration details are at www.nrafoundation.org/lawseminar. When registering, make sure to note that you are a current college / law student (along with your school), and that you heard about this offer from the Students for Concealed Carry on Campus. Spaces are limited, so if you are interested, please make sure to register soon.

About:
Students for Concealed Carry on Campus (SCCC) is a national, non-partisan, grassroots organization comprising over 44,000 college students, professors, college employees, parents of college students, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else. SCCC has members in all fifty states and the District of Columbia. SCCC is not affiliated with the NRA or any other organization. SCCC extends an open invitation to publicly debate representatives from any organization or institution opposed to “campus carry.” Visit: www.concealedcampus.org

GunOwnersFellowship.com

Rockford, IL --(AmmoLand.com)- If you’re like me, you own and maybe even carry firearms to be prepared for the unknown. You’ve probably had safety training and some marksmanship or defense training as well. We all do this to be ready in case we have to defend ourselves or our family.

I was unprepared one time, however, not for defending myself against a violent attack, but for the legal implications of carrying. Far too often, gun owners are treated as second-class citizens, and even worse — as criminals. Being prepared is looked at by some as a crime!

Although I was following the law – I even carried a copy of the law with me – I was still arrested, charged, and had to defend myself in court. The charges were later dismissed, but it cost me a small fortune. While I was prepared to protect myself from attack, I was not prepared to deal with false charges.

Since then people from Illinois and even other states have contacted me looking for help because they wound up similar situations. It was too difficult to help them all, but I did what I could.

A little over a year ago I started a group called the Gun Owners Fellowship. It is a support network for gun owners who use a gun for self-defense, OR face prosecution/harassment or other persecution because they chose to be prepared instead of being a victim.

We’ve grown to about 100 members since then. There’s a small one-time fee to join as a life member, and then no one ever has to pay another dime unless one of the members needs support. If a member is arrested or harassed in any way because of his or her responsible use or possession of a firearm, all the members band together to help him or her out.

So far no one has needed the support, which is fantastic because dealing with legal issues is very stressful and difficult. I’m glad that myself and our other members have NOT had to pay any recurring cost either!

Check out the website and see what our members have to say about it. It’s very secure knowing that other people are there if I need it. I also like knowing that I can finally help people if they get in trouble that they don’t deserve.

www.GunOwnersFellowship.com

We support concealed carry, open carry, and all lawful and responsible use of firearms for self-defense and defense of family. Our members’ spouses are even covered with their membership.

This is very different and not to be confused with insurance or casualties. The advantage is it costs next to nothing and there are no monthly or yearly dues. You don’t pay unless someone really needs it.

Thanks for checking it out and we hope to welcome you and yours into the Fellowship! If you have any questions, you can reply to this email or call the number on the Fellowship website and I will personally do my best to help you.

NFA Gun Trust Lawyer Blog

NFA Gun Trust Lawyer Blog

Jacksonville, Florida - -(AmmoLand.com)- AmmoLand.com’s featured Gun Blogger of the Month, for September 2009, is the GunTrustLawyer.com.

Is technically a legal blog that covers National Firearms Act gun trust law, NFA news and NFA related events dealing with gun trusts law. It is written by Jacksonville, Florida Gun Trust Attorney David M. Goldman.

Topics coverd include :

• Assault Weapons Trust (3)
• Class 1 Firearms (51)
• Class 3 Firearms (66)
• Class 3 SOT – Dealers (1)
• Criminal Penalties (10)
• Curios & Relics (8)
• Destructive Devices (DDs) (50)
• FAQ’s (76)
• Firearms Articles (37)
• Firearms Case Law (14)
• Form 1 – 5320.1 Manufacture (7)
• Form 20 – 5320.20 Transportation (2)
• Form 4 – 5320.4 Transfer (17)
• Gun News (34)
• How to Purchase a NFA Title II (Class 3) Firearm (29)
• Machine Guns (62)
• NFA Pictures (4)
• National Firearms Act (64)
• Short-Barreled Rifles (SBRs) (59)
• Short-Barreled Shotguns (SBSs) (60)
• Silencers (59)
• Title II Weapons (63)

The NFA Gun Trust Lawyer Blog is a great resource for anyone looking to purchase any weapons covered under the National Firearms Act of 1934.

GunTrustLawyer.com Interview:

Q: What is your Blog’s Official Name?
A: NFA Gun Trust Lawyer’s Blog

Q: What is your Name?
A:David M. Goldman

Q: What is your Online Name that you may post under?
A: Gun Trust Lawyer

Q: Where are you located?
A: Jacksonville Florida

Q: What is the point of view or purpose of your blog?
A:Provide information on various state laws and the National Firearms Act and how to purchase, own, and transfer firearms within their state.

Q: How long has your Blog been active?
A: 18 months, but we started as an offshoot from the Florida Estate Planning Lawyer’s Blog. Total around 2.5 years

Q: What do you do for a living or is your blog a full time job?
A: Estate Planning, Probate, Asset Protection Lawyer

Q: Do you have a specific agenda or goal of your blog?
A: Continue to build and represent Second amendment rights of individuals and business entities in the United States.

Q: Do you have any other digital sites?
A:YES, http://www.JacksonvilleLaywer.pro http://www.FloridaEstatePlanningLawyerBlog.com and we also have http://www.JacksonvilleCriminalDefenseLawyerBlog.com

Q: What is one thing that you want your readers to know about you?
A: Second career lawyer who like to help people be successful in their business interests and asset protection. I was a serial entrepreneur in the computer industry until deciding to help people protect their assets.

Q: What was the best thing you did on your blog that go the most reaction from your readers?
A:Instructions and downloadable examples for ATF Form 1, Form 4 and Form 20 http://www.guntrustlawyer/form1.html http://www.guntrustlawyer/form4.html http://www.guntrustlawyer/form20.html

Q: What was the worst thing you did on your blog that go the most reaction from your readers?
A:Once in a while we make a mistake on a state law, or the law changes. We appreciate when we have the opportunity to correct or enhance our website.

Q: Obviously since we are featuring you your blog is Pro gun? What do you think the outlook is for the future of gun rights in America?
A: I am hopeful that 2A rights will continue to be defined and apply to the states through incorporation.

Q: How did you get started specialzing in NFA guns?
A: A local gun store approached me and asked me to review the quicken trust they had been using. They were concerned about creating liability for themselves and their clients. After reviewing the trust and seeing the many problems with traditional trusts, I offered to fix the issues. They agreed and the first true gun trust was created. Many have used traditional trusts and some claim to have NFA language but none to the extent that we do. We now have more than 75 lawyers in over 40 states that help people plan for disability, death, and succession with firearms related issues.

Q: Who are the typical owners of NFA guns?
A: Surprisingly we see many police officers and high net worth individuals who own them. Generally as soon as people find they are legal, they want them.

Q: What is your favorite firearm and why?
A: I love the Thompson Machine Gun, I just love the way it looks. I know its not accurate and hard to control. I recently purchased a 6MM fully automatic air gun for my son that is a replica of the Thompson Machine Gun, I think its his favorite also.

Q: What hunting or shooting sports hobbies do you have?
A: When I lived in Texas, I use to shoot a lot and have been deer and quail hunting. Recently we have begun to explore skeet shooting.

Q: Of the topics you cover what do you enjoy writing about the most?
A: How to protect yourself from the ATF and how it might be interpreted.

Q: What things would you like to do or expand in your blog to in the future?
A:We are looking at ways to modify the trust to do things that have never been done with a trust before.

Q: What would you like to say to those that are anti gun or maybe just unsure of the purpose of guns in our society today?
A: Guns don’t kill people, criminals kill people. If it goes much beyond that, I agree to disagree.

Q: What parting remarks or comments you would like to make or promote?
A: The best way to teach someone to shoot is with a silencer. If they are legal in your state, you should try one.

The NFA Gun Trust Lawyer Blog on the web at www.GunTrustLawyer.com is well worth the read by any one looking to purchase NFA Firearms or anyone interested in owning a real “assault weapon” not to be confused with the black rifles falsely named assault weapons by the uneducated gun hating press.