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 & Warnings
By 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 SILENCER, 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 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.