Episode 273-Warning: Critical Gun Law Alert Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Gun Lawyer — Episode 273 Transcript SUMMARY KEYWORDS New Jersey gun laws, accidental discharge, criminalization, reckless discharge, felony consequences, gun ownership rights, self-defense, insurance coverage, Second Amendment, gun safety, gun dealers, international disarmament, gun control, gun owner education, legal challenges. SPEAKERS Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. Well, folks, the New Jersey legislature has done it again. They have passed some atrocious gun laws, and I need to make all of you aware of one, particularly, that is very much a threat. It is something that’s going to affect many, many gun owners, and it is not being talked about in the general media, of course, because of how they write these laws in such a sneaky, underhanded way. But this law is going to impact all of us, frankly. And the potential is there, under this law, to not only take away gun owners’ rights to have guns, but to turn us all into felons at any time, simply based on an accident. That’s right, an accident. Evan Nappen 01:31 Because what New Jersey legislature’s both houses have passed, and I expect, very shortly, the governor will sign, is Assembly Bill, 4976. (https://pub.njleg.gov/Bills/2024/A5000/4976_R2.PDF) And what this bill does is it criminalizes Accidental Discharges (ADs). Now, an accidental discharge is when your gun goes off, accidentally, either by what some folks call an uncommanded discharge or an accidental discharge. But it is something that can happen, and although we have to always be very careful, circumstances can be such that a mistake can be made. I mean, we’re all human, and mistakes can happen. And unfortunately, you know, I see it in the practice, and I get accidental discharge cases all the time where individuals make a mistake and a gun goes off unintended. It happens. Now sometimes it happens because of the actual mechanical flaws to a firearm and that can be because of a gun’s design. It can even be due to circumstances where a firearm can go off from the slightest touch. Evan Nappen 03:08 Now you may not be aware of this, but years and years ago, I know of a case where an individual had a shotgun that this fellow had kept loaded. One of those single shot, top-breaker type shotguns. You know, like the old kind of like the toppers, the H and R Toppers, and what have you, similar to that. It Page – 1 – of 11may even have been one. I don’t know. But it’s one of those old single shot shotguns. And for probably 50 years, that gun had remained loaded with a shell in it. At one point, there were folks that were causing all kinds of problems in this guy’s yard, and he wanted to scare them off. He didn’t want to shoot them, and he put the gun out of, pointed the gun out the window, and boom. It went off, and he never pulled the trigger. He absolutely never pulled the trigger. There was no hit to the primer of the shell when it went off. And what has happened was, in this particular design of the gun, the firing pin had been pushing against the primer because the hammer was down and it didn’t have a firing pin block. And for like 50 years, this gun sat there, sensitizing the primer so that the slightest touch, you know, just the right jolt, without having to actually pull the trigger, made it go off. So, a gun can actually even do that under those extraordinary circumstances. Evan Nappen 04:57 But normally, an accidental discharge or uncommanded discharge that we encounter is because somebody believed, honestly believed, their gun was unloaded. And it ends up, of course, that it wasn’t. Now this can happen because somebody thought they checked it and maybe even did check. But then, with a magazine in and the slide going forward, a round loads, but they didn’t realize that it loaded, because they checked that it was unloaded. And sure enough, there’s a round there. I mean, I’ve seen every combination of error that could happen and a discharge can occur. And, of course, we know the rules, always point in a safe direction, etc. Make sure your gun is unloaded. Double, triple check to make sure that the chamber is empty. That there’s no magazine, and there’s no live ammo. I mean, all those things that we do. But accidents can happen, just like in a motor vehicle. We drive as safe as we possibly can, but people still have accidents. And what New Jersey has done in this bill is essentially criminalize an accident so that individuals will be looking at what is, in all likelihood, felony level charges. And they structured this bill in just a sneaky, evil, devious way. It’s going to have great impact, and it’s going to create, I think, unintended consequences. Evan Nappen 06:40 Now, as gun ...
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Feb 1 202635 mins