The following is from a member of my Rifle and Pistol Club.
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Here is a news letter from an 2A organization I belong to from NJ. The first paragraph is most alarming. I thought members may be interested in knowing. Your choice on how you wish to handle.
Frank Michel
ANJRPC EXCLUSIVE: LEGAL WARNINGS
& UPDATES FROM EVAN NAPPEN
Please read and heed the legal updates below, provided to ANJRPC members first as an exclusive from attorney, author, and ANJRPC board member Evan Nappen.
Updates & WarningsBy Evan F. Nappen, Attorney at Law
Communist China and Social Media are Setting Up Gun Owners for Arrest
There is something that I have been encountering a lot lately, and I want to warn everyone about it. Social media such as Facebook and Instagram are allowing ads for prohibited NFA (National Firearms Act) items to run freely. They are advertising: Silencers/Suppressors that they claim are fuel filters; AR-15 Auto Sears and Lighting Links which turn AR-15s fully automatic; and Full Auto Glock switches that convert a handgun to a machine pistol. The Glock switch drops into backplate of a Glock 17 or 19. The Glocks then can fire fully automatic at the push of a button.
MERE POSSESSION OF A FEDERALLY UNREGISTERED
SILCENCER, AUTO SEAR, LIGHTING LINK, OR GLOCK SWITCHES IS A FELONY.
They also advertise folding stocks that attach to a Glock and turn your handgun into a SBR (Short Barrel Rifle). It is not a pistol brace. It is an actual NFA conversion to SBR.
All these items are made in Communist China, and they are shipped from Communist China. When they are shipped from China, Homeland Security monitors the shipment, and then raids the people who are receiving them. We are representing several individuals who have been raided by Homeland Security, and all they did was order something through Facebook or Instagram. Social media allows Communist China to freely advertise these items, and when it arrives, the unsuspecting individuals are arrested, and all their guns are seized.
Do not order any of these things that you see on Facebook or Instagram in their paid ads. It is astounding that Facebook allows these ads to run all the time for suppressors, full auto sears and lighting switches, and full auto Glock switches. Facebook and Instagram apparently have no problem with aiding and abetting in the unlawful sale of prohibited NFA items.
Permit Denials Are Wrongly Causing Gun Seizures
If you apply for a New Jersey Firearms Purchaser Identification Card (FPIC), a Change of Address (COA) or a new Handgun Purchase Permit and your application is denied, you have a right to appeal. However, lately the State [NJ] is pursuing denied applications to seize and forfeit ALL guns possessed by the applicant. The State is exploiting a court ruling found in the Cunningham case so that anyone who comes forward with licensing denials, which are different than being a prohibited person, now face gun seizure and forfeiture.
For example, if you apply for a change of address or a pistol purchase permit, and you have held them for years with no problem, the Chief denies you because he subjectively does not like something in your background. You do not have a per se disqualifier, such as a felony conviction. You are not barred from gun possession, but New Jersey takes your guns anyway. I have a case right now where the individual had one (1) DWI from 20 years ago. The Chief does not believe anybody with a DWI should have a gun, period, end of story. He believes you are a threat to public health, safety, and welfare and used that vague licensing disqualifier to deny my client. One DWI in New Jersey is not a gun prohibitor, it is a motor vehicle violation. My client is not prohibited from gun possession under the criminal statutes. He is not a convicted felon. He is not a certain person not to possess weapons.
You do not need a license in New Jersey to possess your guns. You possess the guns by way of exemptions in your home, possession at the target range, and possession while hunting. None of that requires a license. Yet they are seizing and forfeiting people's guns based on licensing criteria with no statutory law that says they can do this. It is particularly bad in Bergen County where we are seeing motion after motion to forfeit guns, with minimal due process in licensing challenges.
Never Needlessly Display Your Gun Permit
Do not keep any gun permits or licenses with your driver's license. Do not keep any non-resident carry permits or licenses there. Do not keep your FPIC there. Do not keep your target range membership card there. Do not have ANYTHING that mentions guns with your driver’s license, registration or insurance cards. As soon as an officer sees anything related to guns, you are going to be questioned and most likely searched . Keep your driving documents separate from your gun-related documents. Do not let any other documents be seen by law enforcement. I have many cases that were triggered by a gun permit being seen. The most famous is the Shaneen Allen case which started in this very manner.
Brace Yourself for Biden’s Pistol Brace Ban, it is Particularly Bad for NJ
One of the things that New Jersey gun owners need to brace themselves for is Biden's Pistol Brace Ban. He is doing it administratively, by way of changing the Federal Regulations, which means it does not have to go though Congress.
The Biden Pistol Brace Ban, if adopted, is particularly dangerous to New Jersey gun owners who have acquired guns such as the Troy A4 in reliance on the New Jersey State Police Letter. The Biden Ban will declare them to be SBRs. New Jersey has no way to legally possess an SBR, and the guns will become an "Assault Firearms" under the 1996 NJ AG Assault Firearm opinion.
A NJ Carry Case is Before the U.S. Supreme Court
My firm has a case right now before the United States Supreme Court challenging New Jersey’s Carry Permit requirements. The case name is Reb Russell v. New Jersey. Russell applied for a New Jersey Carry Permit, was originally approved by the issuing law enforcement authority, but was denied by the New Jersey Superior Court. We fought it all the way through to the U.S. Supreme Court. This is an independent case that went through the State system, as opposed to the usual path where it goes thru the Federal courts. We are fighting the key issue that has been our problem for decades, the so-called “justifiable need” requirement. Keep an eye on this one!
-------------------------------------------------------------------------------
Here is a news letter from an 2A organization I belong to from NJ. The first paragraph is most alarming. I thought members may be interested in knowing. Your choice on how you wish to handle.
Frank Michel
ANJRPC EXCLUSIVE: LEGAL WARNINGS
& UPDATES FROM EVAN NAPPEN
Please read and heed the legal updates below, provided to ANJRPC members first as an exclusive from attorney, author, and ANJRPC board member Evan Nappen.
Updates & WarningsBy Evan F. Nappen, Attorney at Law
Communist China and Social Media are Setting Up Gun Owners for Arrest
There is something that I have been encountering a lot lately, and I want to warn everyone about it. Social media such as Facebook and Instagram are allowing ads for prohibited NFA (National Firearms Act) items to run freely. They are advertising: Silencers/Suppressors that they claim are fuel filters; AR-15 Auto Sears and Lighting Links which turn AR-15s fully automatic; and Full Auto Glock switches that convert a handgun to a machine pistol. The Glock switch drops into backplate of a Glock 17 or 19. The Glocks then can fire fully automatic at the push of a button.
MERE POSSESSION OF A FEDERALLY UNREGISTERED
SILCENCER, AUTO SEAR, LIGHTING LINK, OR GLOCK SWITCHES IS A FELONY.
They also advertise folding stocks that attach to a Glock and turn your handgun into a SBR (Short Barrel Rifle). It is not a pistol brace. It is an actual NFA conversion to SBR.
All these items are made in Communist China, and they are shipped from Communist China. When they are shipped from China, Homeland Security monitors the shipment, and then raids the people who are receiving them. We are representing several individuals who have been raided by Homeland Security, and all they did was order something through Facebook or Instagram. Social media allows Communist China to freely advertise these items, and when it arrives, the unsuspecting individuals are arrested, and all their guns are seized.
Do not order any of these things that you see on Facebook or Instagram in their paid ads. It is astounding that Facebook allows these ads to run all the time for suppressors, full auto sears and lighting switches, and full auto Glock switches. Facebook and Instagram apparently have no problem with aiding and abetting in the unlawful sale of prohibited NFA items.
Permit Denials Are Wrongly Causing Gun Seizures
If you apply for a New Jersey Firearms Purchaser Identification Card (FPIC), a Change of Address (COA) or a new Handgun Purchase Permit and your application is denied, you have a right to appeal. However, lately the State [NJ] is pursuing denied applications to seize and forfeit ALL guns possessed by the applicant. The State is exploiting a court ruling found in the Cunningham case so that anyone who comes forward with licensing denials, which are different than being a prohibited person, now face gun seizure and forfeiture.
For example, if you apply for a change of address or a pistol purchase permit, and you have held them for years with no problem, the Chief denies you because he subjectively does not like something in your background. You do not have a per se disqualifier, such as a felony conviction. You are not barred from gun possession, but New Jersey takes your guns anyway. I have a case right now where the individual had one (1) DWI from 20 years ago. The Chief does not believe anybody with a DWI should have a gun, period, end of story. He believes you are a threat to public health, safety, and welfare and used that vague licensing disqualifier to deny my client. One DWI in New Jersey is not a gun prohibitor, it is a motor vehicle violation. My client is not prohibited from gun possession under the criminal statutes. He is not a convicted felon. He is not a certain person not to possess weapons.
You do not need a license in New Jersey to possess your guns. You possess the guns by way of exemptions in your home, possession at the target range, and possession while hunting. None of that requires a license. Yet they are seizing and forfeiting people's guns based on licensing criteria with no statutory law that says they can do this. It is particularly bad in Bergen County where we are seeing motion after motion to forfeit guns, with minimal due process in licensing challenges.
Never Needlessly Display Your Gun Permit
Do not keep any gun permits or licenses with your driver's license. Do not keep any non-resident carry permits or licenses there. Do not keep your FPIC there. Do not keep your target range membership card there. Do not have ANYTHING that mentions guns with your driver’s license, registration or insurance cards. As soon as an officer sees anything related to guns, you are going to be questioned and most likely searched . Keep your driving documents separate from your gun-related documents. Do not let any other documents be seen by law enforcement. I have many cases that were triggered by a gun permit being seen. The most famous is the Shaneen Allen case which started in this very manner.
Brace Yourself for Biden’s Pistol Brace Ban, it is Particularly Bad for NJ
One of the things that New Jersey gun owners need to brace themselves for is Biden's Pistol Brace Ban. He is doing it administratively, by way of changing the Federal Regulations, which means it does not have to go though Congress.
The Biden Pistol Brace Ban, if adopted, is particularly dangerous to New Jersey gun owners who have acquired guns such as the Troy A4 in reliance on the New Jersey State Police Letter. The Biden Ban will declare them to be SBRs. New Jersey has no way to legally possess an SBR, and the guns will become an "Assault Firearms" under the 1996 NJ AG Assault Firearm opinion.
A NJ Carry Case is Before the U.S. Supreme Court
My firm has a case right now before the United States Supreme Court challenging New Jersey’s Carry Permit requirements. The case name is Reb Russell v. New Jersey. Russell applied for a New Jersey Carry Permit, was originally approved by the issuing law enforcement authority, but was denied by the New Jersey Superior Court. We fought it all the way through to the U.S. Supreme Court. This is an independent case that went through the State system, as opposed to the usual path where it goes thru the Federal courts. We are fighting the key issue that has been our problem for decades, the so-called “justifiable need” requirement. Keep an eye on this one!
