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Episode 219-The Worst NJ Towns Delaying Carry Permits

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Episode 219-The Worst NJ Towns Delaying Carry Permits

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Gun Lawyer– Episode 219 Transcript

SUMMARY KEYWORDS

New Jersey gun permits, permit delays, Bruin decision, worst towns, gun rights, Attorney General data,

carry permit, firearms ID card, pistol purchase permit, gun lawyer, John Petrino, Second Amendment,

NRA certification, C care course, gun permit renewal.

SPEAKERS

Evan Nappen

Evan Nappen 00:16

I’m Evan Nappen, and welcome to Gun Lawyer. I want to talk to you about the worst towns in New

Jersey. The worst towns when it comes to exorbitant delays in the issuance of Permits to Carry. You

may know the old saying that “a right delayed, is a right denied”. That, of course, puts these towns into

the gun rights oppression category, because that’s what they’re doing. I want to mention that my source

for our discussion today is an article written by the great John Petrolino, good friend of the show, and a

great guy. John just does outstanding, outstanding, gun writing, and he has this article on BearingArms,

a great gun rights news site, and very informative. I love BearingArms. His article is called “Top 10

Worst Towns in N.J. on Permit to Carry Issuance Delays”. (https://bearingarms.com/john-

petrolino/2024/12/29/top-10-worst-towns-in-nj-on-permit-to-carry-issuance-delays-n1227241) By the

way, his article is based on actual data released by the Attorney General of New Jersey.

Evan Nappen 01:38

Now, before I get into the article, I want to tell you what the time frames are for the issuance of permits.

As a Gun Lawyer, I get calls all the time from folks that are just pissed off that their gun permits are

being delayed. Not just Carry Permits, by the way, Firearm ID Cards, Pistol Purchase Permit, etc. So,

before we get into the worst towns and some of these unbelievable delays that these towns engage in, I

want to read to you what the law says the time requirement is now. When the Bruen decision passed,

making “shall issue” the rule of law, New Jersey’s old system of just basically denying everybody for

“justifiable need”, where only approximately 600 civilians even had carry permits, it was the state’s way

of stopping individuals from being able to be defenders and basically making everyone a victim of

crime. In those days, there was little chance you could get a carry permit, and they just very quickly

denied you.

Evan Nappen 02:59

However, when the Bruen decision came down and New Jersey passed the Carry Killer bill, they made

the time frame 90 days. It says, under N.J.S. 2C:58-4.c, “. . . Once the application is deemed complete

by the chief police officer or the superintendent, . . .” Don’t you like that – when they deem it complete?

Isn’t that cute? When they deem it complete . . . You know, what the hell is that? How about, when it’s

complete because it was all filled out? No, no. When they deem it complete. “. . . if it is not approved or

denied by the chief police officer or the superintendent within 90 days of filing, it shall be deemed toPage – 2 – of 9

have been approved; provided, however, the chief police officer or the superintendent may, for good

cause shown and upon written notification to the applicant, extend by up to an additional 30 days the

time period for which the application may be approved or denied. The written notification sent to the

applicant shall provide a detailed explanation . . .” Yeah, I have yet to see the detailed explanation

given by any of them, by the way, and that’s just for an extra 30 days. “An applicant also may agree in

writing to an additional extension of time past the 120 day statutory time frame.” Isn’t that nice?

Evan Nappen 04:23

So, they have tremendous authority to decide when it’s approved, when they’ve done a complete

application, whatever that means. Then they get 90 days. Then they tell you they want an extra 30

days. And then they can ask you for more time, if they even give you the courtesy to ask for that. Then

when they do that, of course, you’re going to say, well, I don’t want to piss them off, so they deny my

permit. But I don’t want to give more time. Look at my day delay now. So, they put you in that spot,

which is cute. I mean, this law was just written to “F” with gun owners. Let’s just be honest. Okay? But

there it is. Those are the deadlines that are there for carry permits.

Evan Nappen 05:09

Now, the deadline for Firearms Purchaser ID cards, which is not something we’re going to get into on

those delays, that’s 30 days. Thirty days for a resident, and 45 days for a non-resident. It doesn’t have

any proviso for extensions. However, it doesn’t have any language that if they don’t do it in time, it’s

deemed approved. So, we see exorbitant delays on Firearms Purchaser ID Card and Pistol Purchase

Permits, because there is no consequence whatsoever. At least arguably, with a Permit to Carry, we

could say, hey, you’ve taken this long, it’s deemed approved. That doesn’t exist for Firearms ID Card or

Pistol Purchase Permit applications.

Evan Nappen 05:53

But let’s take a look at the worst towns and what the numbers are for the excessive delays that are

experienced by New Jersey citizens trying to exercise their Second Amendment rights, as made crystal

clear by the U.S. Supreme Court and St. Thomas in the Bruen decision. Let’s start here with the 10

worst towns, which have the worst average wait. Now the average wait. This isn’t the worst ones you

know on record ever. These are the worst average wait times from February 2019 to March 2024. So,

this is all the data from February 2019 to March 2024, and this is data provided by the Attorney

General’s Office on the so-called dashboard. Okay, let’s take a look at the average wait times of the top

10 gun rights oppressive towns. Number 10, we’ll start at the bottom with Number 10, Ogdensburg,

New Jersey – 124 days as the average wait time for Ogdensburg. Ho-Ho-Kus, New Jersey, is that like

Hocus Pocus, Ho-Ho-Kus is 129 days. Ringwood Boro is 135 days. Englishtown, home of Englishtown

Raceway and the Englishtown Flea Market is 153 days. Average wait time. Allenhurst is 165 days.

Westville, New Jersey, is 170 days. Bayhead Boro, 191 days. And now for the final three. Taking third

place for the worst average wait time for a Constitutional right is Palmyra Boro with 196 days. They get

the bronze, and the silver goes to Hi-Nella, New Jersey, scoring 200 days average wait time. But the

all-time champion, gold medal winner is Seaside Park with 253 days, average wait time out of that four

year period. Keep in mind that’s the average, and to make that the average, think how many of the

permits were delayed beyond the average, no less. That’s right. This is how the towns are oppressing

our gun rights, and those are the top 10 for average wait times.Page – 3 – of 9

Evan Nappen 09:16

But what’s the record wait time? The highest number of days for an individual application for a New

Jersey Permit to Carry? Who wins for that? Well, the Bronze for the highest number of days for an

individual application goes to the New Jersey State Police at 1,002 days (33 months, 1 week and 5

days). The Silver goes to Jackson Township at 1096 days (36 months, 2 weeks, and 2 days). But the

Gold medal winner, number one for the highest number of days on an individual application, is Orange,

New Jersey, at 1,178 days (3 years, 2 months, 3 weeks, and 2 days) to process a carry permit

application. That is astounding!

Evan Nappen 10:28

The jurisdictions with the worst average wait times for the first quarter of 2024, now we’re just looking at

the first quarter, remember, the other data was four years, but now looking at the first quarter of 2024,

the number one was Ho-HoKus with 151 days. They get the Gold on that one. We’ve just talked about

the bad and the ugly, but what about the good? Well, even though there are these horrible towns that

are gun rights oppressive, to balance it out, let’s look at the towns, the jurisdictions, with the lowest

average wait times since 2019. Who are the top 10 best towns, the top 10 towns that can be proud of

their record in respecting and honoring our Second Amendment rights? Number 10 is Wyckoff

Township, and their average wait time through that entire four year period is only 17 days. Number nine

is Hardyston Township, 16 days. Middle Township is 16 days. Eastampton is 15 days. Howell Township

is also 15 days. Robbinsville is 12 days. Flemington is 12 days.

Evan Nappen 12:18

Now we’ll talk about the bronze, the silver and the gold, and those are deserved medals for these

towns. The Bronze goes to Toms River at 11 days. Congratulations to Tom River! That’s a pretty big

town in 11 days. Very well done, Toms River. The Silver goes to Marlboro Township with a mere eight

days. Congratulations to Marlboro for respecting the Second Amendment. And the Gold medal winner,

the one that is actually astounding, and not because of the town, I give them tremendous credit, but the

number one winner is Pine Beach Boro which had an average wait time for over four years now, of

drum roll, please, zero days. Zero. Now that’s respecting our Second Amendment rights.

Evan Nappen 13:31

But this is a problem throughout New Jersey of permit delays. It’s one of the most common complaints

that I get, and it is always disturbing to hear. Now, if you’ve been delayed, if you are having delay

problems, one of the things you can do, and this is why I say you need to join the state Association, the

Association of New Jersey Rifle & Pistol Clubs, there is the Operation Strike Force.

(https://www.anjrpc.org/page/A_Strikeforce) There you have a strike force that’s part of ANJRPC. If you

join as a member, they have an attorney, a good friend and colleague, Dan Schmutter, who will contact

the town and make inquiries if they are delaying beyond the statute or making violations on the permit

issuance. You really need to join the state Association. It’s ANJRPC.org. The Association of New

Jersey Rifle & Pistol Clubs.Page – 4 – of 9

Evan Nappen 14:43

One of the many things that the Association does is to address these things. They’re also fighting in the

courts over the Carry Killer bill, assault firearm ban, which is, of course, the modern sporting rifle ban

and the standard capacity magazine ban, amongst many other things. The Association is there,

defending our rights, and you really need to be a part of that state Association. They’re the number one

gun rights group in New Jersey, and they’re the NRA affiliate. It’s critical. If you believe in our rights, join

ANJRPC. In unity, there is strength. Check out anjrpc.org.

Evan Nappen 15:29

Let me also tell you. When talking about permit delays, it’s so common and such a problem that if you

have my book, you may be aware that on Page 137 of my book, I have a chapter on gun permit

applications being delayed. I decided that, since this is such a frequent occurrence, I wanted to save

the town’s time from having to give lame ass excuses. So, what I created, and you can see right there

is a handy chart of top 10 excuses for delaying your right to keep and bear arms. This way, all they

have to do is give you the number instead of having to bullshit it right to your face. It’s a lot easier that

way.

Evan Nappen 16:22

So, reason number 10 of the top 10 reasons for delaying your right to keep and bear arms is: “We just

don’t give anybody gun permits.” Yes, I’ve actually heard these claims in my practice in New Jersey.

Number nine. “Why does a (woman, African American, Hispanic, gay person, senior citizen,

transgender, handicapped person, MAGA supporter, Jewish, Muslim, or nice person like you, etc.)

need a gun?” Need ain’t got nothing to do with it, but that doesn’t matter. That’s a nice excuse. Or

number eight, “We just switched persons (departments, offices, record keeping personnel, etc.) who

handle these. Number seven, “We are working on a new form of questions.” Which, by the way, is

illegal, because nothing should be added to the form or content of the application. But they’re working

on those things. Number six, “We have other priorities that take precedence over gun permits.” That’s

nice, but it’s a priority for the applicant, so maybe you should rethink that.

Evan Nappen 17:30

Number five, “We just don’t have the manpower to devote to these things.” Not my problem. It’s my

right. Make sure you devote the manpower to it. Number four, “The Chief’s been out.” You know, he’s

busy, sick, retired, etc. Oh, great, great. Number three, “The investigation is still in progress.” Oh, that

one’s a classic. And that excuse, right there, is incorporated into the statutory language that I read you

from the Carry Killer law, so they can make sure they use that excuse for these exorbitant delays

because the investigation is still in progress or not complete. Remember, they have to deem it

complete. Isn’t that cute? Number two, “Your references haven’t replied yet.” Now, let me say that

sometimes this can actually be a problem. So, I always advise you to make sure you clear your

references in advance. Make sure they send it back right away, and they let you know that they sent it

back. Make sure your references are on alert so they can reply and respond without delay, because

that will cause delay. And the number one reason is, and we always love to hear, oh, “Your prints

haven’t come back yet from the FBI.” Yeah. Oh yeah, right. That’s a cute one. And, of course, it’s not

true. So, keep that in mind. And if you ever get hit with the handy number, you’ll know where to find it.Page – 5 – of 9

It’s where they’re getting it from for their gun rights oppression and delay of a right that should never be

delayed.

Evan Nappen 19:10

Speaking of which, if you want to get a copy of my book, you can go to EvanNappen.com, and you can

buy the book right there. You’ll have it in a matter of days, and I think you’ll get a lot out of it. Not just a

wonderful excuse chart, but you will also find just a ton of valuable information. It’s over 500 pages in a

question and answer format. I tried to make it as easy to understand as possible. It’s the book used by

everybody. It’s the Bible of New Jersey gun law. Go to EvanNappen.com and get your copy today.

When you do get the book, scan the QR code on the front, and subscribe to my free subscriber base.

It’s private, and when you subscribe, you get access right away to the free 2025 Comprehensive

Update of the book. So, your book will be completely current, and that update is free. You will also get

notice of any other updates. And I’m expecting some things to come down soon, and you’ll be the first

to know, because you’ll get that update. That way, your book stays current, and you can stay good and

legal.

Evan Nappen 20:19

I also want to mention our good friends at WeShoot. WeShoot is an indoor range in Lakewood, New

Jersey. It’s a range where I shoot and my family shoots. It’s super convenient right there, off the

Parkway. WeShoot is great. If you go there, I guarantee you’ll love it. Everybody loves it. WeShoot is

special, and they treat you like family. Now, WeShoot happens to be offering an NRA NJ PTC

Certification course, and with the NRA course, they’re also doing the CCARE course. So, you can get

NRA carry certification, your CCARE certification, and your SB182 certificate. You’ll get all that. And by

taking it at WeShoot, you’ll receive a serial numbered certificate directly from the NRA, which training is

accepted in all 50 states, although some states might not accept it for their CCW program. But you’ll

also get to the CCARE. WeShoot is offering you this double barreled course of the NRA certification

and CCARE for only $299.99. That’s it, folks. $299.99. Sunday, January 19, at WeShoot. So, check out

weshootusa.com. You can get that course and plenty of other courses there. WeShoot is a great, really

fun place. You’ll be glad you went there, and you’re helping a great range that is dedicated, not just to

you and to service and providing the best facility, but also in helping fight for our gun rights and helping

make folks defenders instead of victims.

Evan Nappen 22:26

Hey, let’s take a look at the Ask Evan questions. I love the questions, and I really appreciate when my

beloved listeners send me these questions. This one is from Shawn, and some of the stuff you guys

come up with is just amazing. But they’re good questions, and it comes out. These are real questions

because of real situations. And what Shawn says is, regarding eyewear stores and eye doctor, mixed

use property. Hi Evan. I have a question that, knowing what I know about New Jersey, I think I know

the answer to, but I still thought it was worth asking. I’m in the market for some glasses. Most stores

that sell eyewear have a store up front and an eye doctor office in the back. Does that make the entire

establishment a sensitive place? Or might it be more like a CVS with a pharmacy, whereas you can

shop in the store, but can’t go into the pharmacy section. Thanks. We love your show, and we listen

every Sunday without fail for the past two years.Page – 6 – of 9

Evan Nappen 23:28

Well, thank you, Shawn. First of all, Shawn, thank you for your question about eyewear. I’m glad you

decided to make a spectacle out of yourself. Alright, and here’s the deal. The same logic, the same

reasoning applies, and this came out of the Association’s litigation in the Carry Killer challenge. It’s only

the prohibited part of a sensitive place. It doesn’t taint the entire place, but you want to be careful. You

want to make sure that the doctor’s office is strictly the office, and that the commercial eyewear selling

shop is not the doctor’s office. Depending on the factual situation of your particular setup. If the store is

just a store, the doctor’s office, the medical facility part is separate, then yes, that same type of CVS

type analogy does apply. So, thanks Shawn for the great question.

Evan Nappen 24:40

Now this one is from Candace. Candace says, Happy New Year. I have a permit that was issued in

April 2023, and it expires April 2025. With the new CCARE protocols, do I need to renew before April

2025? If so, what is the process for renewing? I was certified at WeShoot. Also, my CCW lists only two

pistols that I certified with, yet in your book, it states I can carry one of any of my legally owned

handguns. My question is, I want to carry with a handgun that is not listed on my CCW permit. Do I

have to qualify with that gun to be printed on my permit or can I just list it on my permit to carry

description of additional handguns intended to carry? Who gets that form? New Jersey State Police or

my local police?

Evan Nappen 25:33

Okay, here’s the deal. As far as your CCARE certificate, it’s valid for two years. So, you want to renew

your carry permit before the expiration of the two years. You’re allowed to renew as soon as four

months before the expiration of your permit. If you renew prior to the expiration, which could be as soon

as four months, and if your CCARE is not over two years old, then it will still be valid for that renewal.

So, that’s number one. It’s important that you know that certificate date. Now, as far as the guns you

carry, your PTC is good for all guns. However, the guns do need to be listed, and you can either list

them when you do your carry permit application, or you can file the form right online at the State Police

website. (https://www.anjrpc.org/page/A_Strikeforce) (SP-182a. – PTC Additional Handguns Intended to

be carried) There’s a form right there (SP-182a.) that you can supply to your issuing authority that says,

other guns you wish to carry. We’ve talked about this form, and I would highly suggest that the only

guns you list on that form are guns that you have a New Jersey permit to purchase for. Why do a

registration of guns you have that aren’t registered? You’re allowed to have unregistered guns in New

Jersey. We’ve discussed that many times. So, why create a self-registration where you don’t need to?

But you can put any handgun you want if you want to put one, even that’s unregistered, that you

lawfully acquired and are lawfully possessing in New Jersey. You can still do that, but they do need to

be on either that form or submitted with the carry permit application/renewal itself. But you do not need

to qualify with each handgun because CCARE only tests core competency. You can take CCARE with

an air pistol if you wish, and you can carry a Smith & Wesson 500 Magnum if you wish. Because

CCARE is not testing you on the gun. It’s testing on your core competency to safely handle a firearm.

Thanks, Candace, for the great question.Page – 7 – of 9

Evan Nappen 27:55

This is from Scott regarding a PTC situation. First, let me mention I’ve been listening to your great

podcast for nine months now. Thank you, Scott. They’re very informative. I enjoy the information you

provide about New Jersey gun laws well as insights into gun ownership. I’ve been working my way

through your podcasts, and I have not ceased to find useful information in every one. Well, thanks,

man. My question has to do with PTC. My wife is working her way toward a PTC. I have a handgun

meant for home defense. I’m not planning at this time to get my PTC (maybe when you get the fee

reduced down from $200). Thinking about the future when she has her PTC and we’re in a situation

where use of a handgun is imperative. I can just imagine she will be too scared. Her hands will be

shaking. She’ll hand the gun to me and say, you do it. Wow. I’m dumb enough that I might be tempted. I

would like to understand the risks of the three scenarios where, “I do it.” Number one, I take the offered

gun from her hand and use it. Number two, I see she’s immobilized with fear, shaking, take the gun

from her holster and use it. And three, she’s shaking so bad she drops the gun to the ground. I pick it

up off the ground and use it.

Evan Nappen 29:18

Okay, let me just say this. I believe everybody should be able to have a firearm if they want to have a

firearm, and if they are capable of using that firearm. Now, if somebody is unable to use a gun to

defend themselves, and I just don’t mean by training, I mean if your mind set is such that you cannot

pull the trigger on another human being, that’s fine, if that is your moral code, if that is just how you are.

Or you can’t potentially kill somebody to defend your own life or that of your loved ones. I don’t hold that

against you. But I would say that you should not have a gun. You should not have a gun because if you

are unable to effectively use it, your having a gun can actually become a disadvantage to you. That gun

can be taken from you and used against you. A gun is not a magic wand. If you’re not capable, if you

haven’t thought that scenario through so that you are able to pull that trigger if you need to, if you’re

absolutely justified and you have no other choice and you have to do it and you’re not able to, then

guns really aren’t for you. So, I think the premise of this question begins with something where my

advice is for her not to have a PTC and not to have guns until she is confident in her own mind and her

own ability to use that gun. And if you’re not, no problem, but don’t have or carry a gun.

Evan Nappen 31:25

Now on the bigger issue here about can you use somebody else’s gun? Well, that would be an unlawful

transfer in New Jersey. You should use your gun and only your gun that is your gun. No one should be

accessing your gun, and you shouldn’t be accessing anybody else’s gun. Now, with that being said, if a

situation occurred where there is a necessity to use somebody else’s gun, then there are defenses out

there called necessity. It’s an affirmative defense that we might be able to assert, if the state is raising

an issue of the unlawful transfer in that situation. There also might be called competing harms, and

there are defenses. But I can’t recommend that you do that. You should have your own gun. Keep your

own gun. Each person has their gun. You both should be competent and able to use it if you need to,

and if you’re not competent or you’re not able to use it, then guns aren’t for you. They’re not for

everybody. But it should be a choice that everybody has. All right. Scott, thanks for that question.Page – 8 – of 9

Evan Nappen 32:37

And now we have a question from Joe. Joe says, I’m an avid listener to your Gun Lawyer podcast,

owner of your Big Orange New Jersey Gun Law book. Very good. Good job, Joe. Don’t lend it out

because you’ll never get it back. I’m a member of NRA, ANJRPC, CNJFO, NJ2AS, FPC, and I’ve

donated to NJFOS. That is excellent, Joe, excellent. I’m glad you support every pro gun group like that.

It is wonderful. And congratulations. Great job. I have a question regarding of Duty to Inform the police

when in a motor vehicle. I know I have a right to inform if stopped for a traffic issue. Well, it’s not a right.

It’s a requirement. You’re obligated to inform. It’s not exactly a right. You’re mandated to do so. Make

sure you do if you’re stopped for a traffic issue while carrying or traveling with firearms in a truck going

to the range. But what if I’m in a passenger in someone else’s car, and we’re stopped for potential

traffic issue?

Evan Nappen 34:00

Then, yes, even as a passenger, you have a Duty to Disclose, and not just a Duty to Disclose.

Remember, you have to also be able to show your New Jersey Permit to Carry. And then Joe asks

further, if your stopped while being a passenger at a traffic stop. Look, at any time if police have

stopped you or you’re walking in the street, you have a Duty to Disclose. Now, this may or may not be

Constitutional, but for now, if you don’t disclose, you can be charged with a felony level offense, a

fourth degree, and face a year and a half in State Prison. If you fail to produce your carry permit, that’s

six months in the county jail. So, make sure you do that, unless you want to be the test case, and I

don’t suggest it.

Evan Nappen 35:01

What about the moment you’ve all been waiting for? And that is the GOFU of the week. Now the GOFU

is the Gun Owner Fuck Up. And why do we talk about GOFUs? GOFUs are expensive lessons that real

people in real cases have experienced and that I get to tell you so that you learn for free. So, you don’t

become a GOFU yourself. And this week’s GOFU is something I’ve seen happen, and it’s extremely

frustrating to me. This week’s GOFU is not listening to your lawyer. Look, man, you’re calling me up for

advice. You’re asking me what to do and how to do it. I’ve been practicing for over 35 years, wrote the

book on it, and I give you the information and tell you exactly what to do. And then you don’t listen!

Unbelievable. And then you get in trouble, and you’re a GOFU. It could have been avoided. Frankly it’s

stupid. If that’s what you want to do, why did you ask me in the first place?

Evan Nappen 36:36

You know, sometimes people call me and what they want is confirmation of something of a GOFU they

want to commit. Well, that isn’t going to happen. And when I tell you the consequences and exposure

and risk and problem, and then you don’t listen, like I know many of you listening would say, why would

somebody not listen? And you know what? I say the same thing. Why did you even ask? The fact that

you’re listening to this show tells me you’re a listener and that you’re going to follow your lawyer’s

advice. But if, for some reason, that thought ever occurs to you not to, don’t be a GOFU. Listen to the

professional as long as your lawyer knows his stuff. You know, as long as your lawyer maybe has

written the book on this stuff and has practiced for over 35 years doing this stuff and has told you what

you should do. Make sure you listen.Page – 9 – of 9

Evan Nappen 37:37

This is Evan Nappen, reminding you that gun laws don’t protect honest citizens from criminals. They

protect criminals from honest citizens.

37:47

Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by

Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and

opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

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Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

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Episode 219-The Worst NJ Towns Delaying Carry Permits

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Gun Lawyer– Episode 219 Transcript

SUMMARY KEYWORDS

New Jersey gun permits, permit delays, Bruin decision, worst towns, gun rights, Attorney General data,

carry permit, firearms ID card, pistol purchase permit, gun lawyer, John Petrino, Second Amendment,

NRA certification, C care course, gun permit renewal.

SPEAKERS

Evan Nappen

Evan Nappen 00:16

I’m Evan Nappen, and welcome to Gun Lawyer. I want to talk to you about the worst towns in New

Jersey. The worst towns when it comes to exorbitant delays in the issuance of Permits to Carry. You

may know the old saying that “a right delayed, is a right denied”. That, of course, puts these towns into

the gun rights oppression category, because that’s what they’re doing. I want to mention that my source

for our discussion today is an article written by the great John Petrolino, good friend of the show, and a

great guy. John just does outstanding, outstanding, gun writing, and he has this article on BearingArms,

a great gun rights news site, and very informative. I love BearingArms. His article is called “Top 10

Worst Towns in N.J. on Permit to Carry Issuance Delays”. (https://bearingarms.com/john-

petrolino/2024/12/29/top-10-worst-towns-in-nj-on-permit-to-carry-issuance-delays-n1227241) By the

way, his article is based on actual data released by the Attorney General of New Jersey.

Evan Nappen 01:38

Now, before I get into the article, I want to tell you what the time frames are for the issuance of permits.

As a Gun Lawyer, I get calls all the time from folks that are just pissed off that their gun permits are

being delayed. Not just Carry Permits, by the way, Firearm ID Cards, Pistol Purchase Permit, etc. So,

before we get into the worst towns and some of these unbelievable delays that these towns engage in, I

want to read to you what the law says the time requirement is now. When the Bruen decision passed,

making “shall issue” the rule of law, New Jersey’s old system of just basically denying everybody for

“justifiable need”, where only approximately 600 civilians even had carry permits, it was the state’s way

of stopping individuals from being able to be defenders and basically making everyone a victim of

crime. In those days, there was little chance you could get a carry permit, and they just very quickly

denied you.

Evan Nappen 02:59

However, when the Bruen decision came down and New Jersey passed the Carry Killer bill, they made

the time frame 90 days. It says, under N.J.S. 2C:58-4.c, “. . . Once the application is deemed complete

by the chief police officer or the superintendent, . . .” Don’t you like that – when they deem it complete?

Isn’t that cute? When they deem it complete . . . You know, what the hell is that? How about, when it’s

complete because it was all filled out? No, no. When they deem it complete. “. . . if it is not approved or

denied by the chief police officer or the superintendent within 90 days of filing, it shall be deemed toPage – 2 – of 9

have been approved; provided, however, the chief police officer or the superintendent may, for good

cause shown and upon written notification to the applicant, extend by up to an additional 30 days the

time period for which the application may be approved or denied. The written notification sent to the

applicant shall provide a detailed explanation . . .” Yeah, I have yet to see the detailed explanation

given by any of them, by the way, and that’s just for an extra 30 days. “An applicant also may agree in

writing to an additional extension of time past the 120 day statutory time frame.” Isn’t that nice?

Evan Nappen 04:23

So, they have tremendous authority to decide when it’s approved, when they’ve done a complete

application, whatever that means. Then they get 90 days. Then they tell you they want an extra 30

days. And then they can ask you for more time, if they even give you the courtesy to ask for that. Then

when they do that, of course, you’re going to say, well, I don’t want to piss them off, so they deny my

permit. But I don’t want to give more time. Look at my day delay now. So, they put you in that spot,

which is cute. I mean, this law was just written to “F” with gun owners. Let’s just be honest. Okay? But

there it is. Those are the deadlines that are there for carry permits.

Evan Nappen 05:09

Now, the deadline for Firearms Purchaser ID cards, which is not something we’re going to get into on

those delays, that’s 30 days. Thirty days for a resident, and 45 days for a non-resident. It doesn’t have

any proviso for extensions. However, it doesn’t have any language that if they don’t do it in time, it’s

deemed approved. So, we see exorbitant delays on Firearms Purchaser ID Card and Pistol Purchase

Permits, because there is no consequence whatsoever. At least arguably, with a Permit to Carry, we

could say, hey, you’ve taken this long, it’s deemed approved. That doesn’t exist for Firearms ID Card or

Pistol Purchase Permit applications.

Evan Nappen 05:53

But let’s take a look at the worst towns and what the numbers are for the excessive delays that are

experienced by New Jersey citizens trying to exercise their Second Amendment rights, as made crystal

clear by the U.S. Supreme Court and St. Thomas in the Bruen decision. Let’s start here with the 10

worst towns, which have the worst average wait. Now the average wait. This isn’t the worst ones you

know on record ever. These are the worst average wait times from February 2019 to March 2024. So,

this is all the data from February 2019 to March 2024, and this is data provided by the Attorney

General’s Office on the so-called dashboard. Okay, let’s take a look at the average wait times of the top

10 gun rights oppressive towns. Number 10, we’ll start at the bottom with Number 10, Ogdensburg,

New Jersey – 124 days as the average wait time for Ogdensburg. Ho-Ho-Kus, New Jersey, is that like

Hocus Pocus, Ho-Ho-Kus is 129 days. Ringwood Boro is 135 days. Englishtown, home of Englishtown

Raceway and the Englishtown Flea Market is 153 days. Average wait time. Allenhurst is 165 days.

Westville, New Jersey, is 170 days. Bayhead Boro, 191 days. And now for the final three. Taking third

place for the worst average wait time for a Constitutional right is Palmyra Boro with 196 days. They get

the bronze, and the silver goes to Hi-Nella, New Jersey, scoring 200 days average wait time. But the

all-time champion, gold medal winner is Seaside Park with 253 days, average wait time out of that four

year period. Keep in mind that’s the average, and to make that the average, think how many of the

permits were delayed beyond the average, no less. That’s right. This is how the towns are oppressing

our gun rights, and those are the top 10 for average wait times.Page – 3 – of 9

Evan Nappen 09:16

But what’s the record wait time? The highest number of days for an individual application for a New

Jersey Permit to Carry? Who wins for that? Well, the Bronze for the highest number of days for an

individual application goes to the New Jersey State Police at 1,002 days (33 months, 1 week and 5

days). The Silver goes to Jackson Township at 1096 days (36 months, 2 weeks, and 2 days). But the

Gold medal winner, number one for the highest number of days on an individual application, is Orange,

New Jersey, at 1,178 days (3 years, 2 months, 3 weeks, and 2 days) to process a carry permit

application. That is astounding!

Evan Nappen 10:28

The jurisdictions with the worst average wait times for the first quarter of 2024, now we’re just looking at

the first quarter, remember, the other data was four years, but now looking at the first quarter of 2024,

the number one was Ho-HoKus with 151 days. They get the Gold on that one. We’ve just talked about

the bad and the ugly, but what about the good? Well, even though there are these horrible towns that

are gun rights oppressive, to balance it out, let’s look at the towns, the jurisdictions, with the lowest

average wait times since 2019. Who are the top 10 best towns, the top 10 towns that can be proud of

their record in respecting and honoring our Second Amendment rights? Number 10 is Wyckoff

Township, and their average wait time through that entire four year period is only 17 days. Number nine

is Hardyston Township, 16 days. Middle Township is 16 days. Eastampton is 15 days. Howell Township

is also 15 days. Robbinsville is 12 days. Flemington is 12 days.

Evan Nappen 12:18

Now we’ll talk about the bronze, the silver and the gold, and those are deserved medals for these

towns. The Bronze goes to Toms River at 11 days. Congratulations to Tom River! That’s a pretty big

town in 11 days. Very well done, Toms River. The Silver goes to Marlboro Township with a mere eight

days. Congratulations to Marlboro for respecting the Second Amendment. And the Gold medal winner,

the one that is actually astounding, and not because of the town, I give them tremendous credit, but the

number one winner is Pine Beach Boro which had an average wait time for over four years now, of

drum roll, please, zero days. Zero. Now that’s respecting our Second Amendment rights.

Evan Nappen 13:31

But this is a problem throughout New Jersey of permit delays. It’s one of the most common complaints

that I get, and it is always disturbing to hear. Now, if you’ve been delayed, if you are having delay

problems, one of the things you can do, and this is why I say you need to join the state Association, the

Association of New Jersey Rifle & Pistol Clubs, there is the Operation Strike Force.

(https://www.anjrpc.org/page/A_Strikeforce) There you have a strike force that’s part of ANJRPC. If you

join as a member, they have an attorney, a good friend and colleague, Dan Schmutter, who will contact

the town and make inquiries if they are delaying beyond the statute or making violations on the permit

issuance. You really need to join the state Association. It’s ANJRPC.org. The Association of New

Jersey Rifle & Pistol Clubs.Page – 4 – of 9

Evan Nappen 14:43

One of the many things that the Association does is to address these things. They’re also fighting in the

courts over the Carry Killer bill, assault firearm ban, which is, of course, the modern sporting rifle ban

and the standard capacity magazine ban, amongst many other things. The Association is there,

defending our rights, and you really need to be a part of that state Association. They’re the number one

gun rights group in New Jersey, and they’re the NRA affiliate. It’s critical. If you believe in our rights, join

ANJRPC. In unity, there is strength. Check out anjrpc.org.

Evan Nappen 15:29

Let me also tell you. When talking about permit delays, it’s so common and such a problem that if you

have my book, you may be aware that on Page 137 of my book, I have a chapter on gun permit

applications being delayed. I decided that, since this is such a frequent occurrence, I wanted to save

the town’s time from having to give lame ass excuses. So, what I created, and you can see right there

is a handy chart of top 10 excuses for delaying your right to keep and bear arms. This way, all they

have to do is give you the number instead of having to bullshit it right to your face. It’s a lot easier that

way.

Evan Nappen 16:22

So, reason number 10 of the top 10 reasons for delaying your right to keep and bear arms is: “We just

don’t give anybody gun permits.” Yes, I’ve actually heard these claims in my practice in New Jersey.

Number nine. “Why does a (woman, African American, Hispanic, gay person, senior citizen,

transgender, handicapped person, MAGA supporter, Jewish, Muslim, or nice person like you, etc.)

need a gun?” Need ain’t got nothing to do with it, but that doesn’t matter. That’s a nice excuse. Or

number eight, “We just switched persons (departments, offices, record keeping personnel, etc.) who

handle these. Number seven, “We are working on a new form of questions.” Which, by the way, is

illegal, because nothing should be added to the form or content of the application. But they’re working

on those things. Number six, “We have other priorities that take precedence over gun permits.” That’s

nice, but it’s a priority for the applicant, so maybe you should rethink that.

Evan Nappen 17:30

Number five, “We just don’t have the manpower to devote to these things.” Not my problem. It’s my

right. Make sure you devote the manpower to it. Number four, “The Chief’s been out.” You know, he’s

busy, sick, retired, etc. Oh, great, great. Number three, “The investigation is still in progress.” Oh, that

one’s a classic. And that excuse, right there, is incorporated into the statutory language that I read you

from the Carry Killer law, so they can make sure they use that excuse for these exorbitant delays

because the investigation is still in progress or not complete. Remember, they have to deem it

complete. Isn’t that cute? Number two, “Your references haven’t replied yet.” Now, let me say that

sometimes this can actually be a problem. So, I always advise you to make sure you clear your

references in advance. Make sure they send it back right away, and they let you know that they sent it

back. Make sure your references are on alert so they can reply and respond without delay, because

that will cause delay. And the number one reason is, and we always love to hear, oh, “Your prints

haven’t come back yet from the FBI.” Yeah. Oh yeah, right. That’s a cute one. And, of course, it’s not

true. So, keep that in mind. And if you ever get hit with the handy number, you’ll know where to find it.Page – 5 – of 9

It’s where they’re getting it from for their gun rights oppression and delay of a right that should never be

delayed.

Evan Nappen 19:10

Speaking of which, if you want to get a copy of my book, you can go to EvanNappen.com, and you can

buy the book right there. You’ll have it in a matter of days, and I think you’ll get a lot out of it. Not just a

wonderful excuse chart, but you will also find just a ton of valuable information. It’s over 500 pages in a

question and answer format. I tried to make it as easy to understand as possible. It’s the book used by

everybody. It’s the Bible of New Jersey gun law. Go to EvanNappen.com and get your copy today.

When you do get the book, scan the QR code on the front, and subscribe to my free subscriber base.

It’s private, and when you subscribe, you get access right away to the free 2025 Comprehensive

Update of the book. So, your book will be completely current, and that update is free. You will also get

notice of any other updates. And I’m expecting some things to come down soon, and you’ll be the first

to know, because you’ll get that update. That way, your book stays current, and you can stay good and

legal.

Evan Nappen 20:19

I also want to mention our good friends at WeShoot. WeShoot is an indoor range in Lakewood, New

Jersey. It’s a range where I shoot and my family shoots. It’s super convenient right there, off the

Parkway. WeShoot is great. If you go there, I guarantee you’ll love it. Everybody loves it. WeShoot is

special, and they treat you like family. Now, WeShoot happens to be offering an NRA NJ PTC

Certification course, and with the NRA course, they’re also doing the CCARE course. So, you can get

NRA carry certification, your CCARE certification, and your SB182 certificate. You’ll get all that. And by

taking it at WeShoot, you’ll receive a serial numbered certificate directly from the NRA, which training is

accepted in all 50 states, although some states might not accept it for their CCW program. But you’ll

also get to the CCARE. WeShoot is offering you this double barreled course of the NRA certification

and CCARE for only $299.99. That’s it, folks. $299.99. Sunday, January 19, at WeShoot. So, check out

weshootusa.com. You can get that course and plenty of other courses there. WeShoot is a great, really

fun place. You’ll be glad you went there, and you’re helping a great range that is dedicated, not just to

you and to service and providing the best facility, but also in helping fight for our gun rights and helping

make folks defenders instead of victims.

Evan Nappen 22:26

Hey, let’s take a look at the Ask Evan questions. I love the questions, and I really appreciate when my

beloved listeners send me these questions. This one is from Shawn, and some of the stuff you guys

come up with is just amazing. But they’re good questions, and it comes out. These are real questions

because of real situations. And what Shawn says is, regarding eyewear stores and eye doctor, mixed

use property. Hi Evan. I have a question that, knowing what I know about New Jersey, I think I know

the answer to, but I still thought it was worth asking. I’m in the market for some glasses. Most stores

that sell eyewear have a store up front and an eye doctor office in the back. Does that make the entire

establishment a sensitive place? Or might it be more like a CVS with a pharmacy, whereas you can

shop in the store, but can’t go into the pharmacy section. Thanks. We love your show, and we listen

every Sunday without fail for the past two years.Page – 6 – of 9

Evan Nappen 23:28

Well, thank you, Shawn. First of all, Shawn, thank you for your question about eyewear. I’m glad you

decided to make a spectacle out of yourself. Alright, and here’s the deal. The same logic, the same

reasoning applies, and this came out of the Association’s litigation in the Carry Killer challenge. It’s only

the prohibited part of a sensitive place. It doesn’t taint the entire place, but you want to be careful. You

want to make sure that the doctor’s office is strictly the office, and that the commercial eyewear selling

shop is not the doctor’s office. Depending on the factual situation of your particular setup. If the store is

just a store, the doctor’s office, the medical facility part is separate, then yes, that same type of CVS

type analogy does apply. So, thanks Shawn for the great question.

Evan Nappen 24:40

Now this one is from Candace. Candace says, Happy New Year. I have a permit that was issued in

April 2023, and it expires April 2025. With the new CCARE protocols, do I need to renew before April

2025? If so, what is the process for renewing? I was certified at WeShoot. Also, my CCW lists only two

pistols that I certified with, yet in your book, it states I can carry one of any of my legally owned

handguns. My question is, I want to carry with a handgun that is not listed on my CCW permit. Do I

have to qualify with that gun to be printed on my permit or can I just list it on my permit to carry

description of additional handguns intended to carry? Who gets that form? New Jersey State Police or

my local police?

Evan Nappen 25:33

Okay, here’s the deal. As far as your CCARE certificate, it’s valid for two years. So, you want to renew

your carry permit before the expiration of the two years. You’re allowed to renew as soon as four

months before the expiration of your permit. If you renew prior to the expiration, which could be as soon

as four months, and if your CCARE is not over two years old, then it will still be valid for that renewal.

So, that’s number one. It’s important that you know that certificate date. Now, as far as the guns you

carry, your PTC is good for all guns. However, the guns do need to be listed, and you can either list

them when you do your carry permit application, or you can file the form right online at the State Police

website. (https://www.anjrpc.org/page/A_Strikeforce) (SP-182a. – PTC Additional Handguns Intended to

be carried) There’s a form right there (SP-182a.) that you can supply to your issuing authority that says,

other guns you wish to carry. We’ve talked about this form, and I would highly suggest that the only

guns you list on that form are guns that you have a New Jersey permit to purchase for. Why do a

registration of guns you have that aren’t registered? You’re allowed to have unregistered guns in New

Jersey. We’ve discussed that many times. So, why create a self-registration where you don’t need to?

But you can put any handgun you want if you want to put one, even that’s unregistered, that you

lawfully acquired and are lawfully possessing in New Jersey. You can still do that, but they do need to

be on either that form or submitted with the carry permit application/renewal itself. But you do not need

to qualify with each handgun because CCARE only tests core competency. You can take CCARE with

an air pistol if you wish, and you can carry a Smith & Wesson 500 Magnum if you wish. Because

CCARE is not testing you on the gun. It’s testing on your core competency to safely handle a firearm.

Thanks, Candace, for the great question.Page – 7 – of 9

Evan Nappen 27:55

This is from Scott regarding a PTC situation. First, let me mention I’ve been listening to your great

podcast for nine months now. Thank you, Scott. They’re very informative. I enjoy the information you

provide about New Jersey gun laws well as insights into gun ownership. I’ve been working my way

through your podcasts, and I have not ceased to find useful information in every one. Well, thanks,

man. My question has to do with PTC. My wife is working her way toward a PTC. I have a handgun

meant for home defense. I’m not planning at this time to get my PTC (maybe when you get the fee

reduced down from $200). Thinking about the future when she has her PTC and we’re in a situation

where use of a handgun is imperative. I can just imagine she will be too scared. Her hands will be

shaking. She’ll hand the gun to me and say, you do it. Wow. I’m dumb enough that I might be tempted. I

would like to understand the risks of the three scenarios where, “I do it.” Number one, I take the offered

gun from her hand and use it. Number two, I see she’s immobilized with fear, shaking, take the gun

from her holster and use it. And three, she’s shaking so bad she drops the gun to the ground. I pick it

up off the ground and use it.

Evan Nappen 29:18

Okay, let me just say this. I believe everybody should be able to have a firearm if they want to have a

firearm, and if they are capable of using that firearm. Now, if somebody is unable to use a gun to

defend themselves, and I just don’t mean by training, I mean if your mind set is such that you cannot

pull the trigger on another human being, that’s fine, if that is your moral code, if that is just how you are.

Or you can’t potentially kill somebody to defend your own life or that of your loved ones. I don’t hold that

against you. But I would say that you should not have a gun. You should not have a gun because if you

are unable to effectively use it, your having a gun can actually become a disadvantage to you. That gun

can be taken from you and used against you. A gun is not a magic wand. If you’re not capable, if you

haven’t thought that scenario through so that you are able to pull that trigger if you need to, if you’re

absolutely justified and you have no other choice and you have to do it and you’re not able to, then

guns really aren’t for you. So, I think the premise of this question begins with something where my

advice is for her not to have a PTC and not to have guns until she is confident in her own mind and her

own ability to use that gun. And if you’re not, no problem, but don’t have or carry a gun.

Evan Nappen 31:25

Now on the bigger issue here about can you use somebody else’s gun? Well, that would be an unlawful

transfer in New Jersey. You should use your gun and only your gun that is your gun. No one should be

accessing your gun, and you shouldn’t be accessing anybody else’s gun. Now, with that being said, if a

situation occurred where there is a necessity to use somebody else’s gun, then there are defenses out

there called necessity. It’s an affirmative defense that we might be able to assert, if the state is raising

an issue of the unlawful transfer in that situation. There also might be called competing harms, and

there are defenses. But I can’t recommend that you do that. You should have your own gun. Keep your

own gun. Each person has their gun. You both should be competent and able to use it if you need to,

and if you’re not competent or you’re not able to use it, then guns aren’t for you. They’re not for

everybody. But it should be a choice that everybody has. All right. Scott, thanks for that question.Page – 8 – of 9

Evan Nappen 32:37

And now we have a question from Joe. Joe says, I’m an avid listener to your Gun Lawyer podcast,

owner of your Big Orange New Jersey Gun Law book. Very good. Good job, Joe. Don’t lend it out

because you’ll never get it back. I’m a member of NRA, ANJRPC, CNJFO, NJ2AS, FPC, and I’ve

donated to NJFOS. That is excellent, Joe, excellent. I’m glad you support every pro gun group like that.

It is wonderful. And congratulations. Great job. I have a question regarding of Duty to Inform the police

when in a motor vehicle. I know I have a right to inform if stopped for a traffic issue. Well, it’s not a right.

It’s a requirement. You’re obligated to inform. It’s not exactly a right. You’re mandated to do so. Make

sure you do if you’re stopped for a traffic issue while carrying or traveling with firearms in a truck going

to the range. But what if I’m in a passenger in someone else’s car, and we’re stopped for potential

traffic issue?

Evan Nappen 34:00

Then, yes, even as a passenger, you have a Duty to Disclose, and not just a Duty to Disclose.

Remember, you have to also be able to show your New Jersey Permit to Carry. And then Joe asks

further, if your stopped while being a passenger at a traffic stop. Look, at any time if police have

stopped you or you’re walking in the street, you have a Duty to Disclose. Now, this may or may not be

Constitutional, but for now, if you don’t disclose, you can be charged with a felony level offense, a

fourth degree, and face a year and a half in State Prison. If you fail to produce your carry permit, that’s

six months in the county jail. So, make sure you do that, unless you want to be the test case, and I

don’t suggest it.

Evan Nappen 35:01

What about the moment you’ve all been waiting for? And that is the GOFU of the week. Now the GOFU

is the Gun Owner Fuck Up. And why do we talk about GOFUs? GOFUs are expensive lessons that real

people in real cases have experienced and that I get to tell you so that you learn for free. So, you don’t

become a GOFU yourself. And this week’s GOFU is something I’ve seen happen, and it’s extremely

frustrating to me. This week’s GOFU is not listening to your lawyer. Look, man, you’re calling me up for

advice. You’re asking me what to do and how to do it. I’ve been practicing for over 35 years, wrote the

book on it, and I give you the information and tell you exactly what to do. And then you don’t listen!

Unbelievable. And then you get in trouble, and you’re a GOFU. It could have been avoided. Frankly it’s

stupid. If that’s what you want to do, why did you ask me in the first place?

Evan Nappen 36:36

You know, sometimes people call me and what they want is confirmation of something of a GOFU they

want to commit. Well, that isn’t going to happen. And when I tell you the consequences and exposure

and risk and problem, and then you don’t listen, like I know many of you listening would say, why would

somebody not listen? And you know what? I say the same thing. Why did you even ask? The fact that

you’re listening to this show tells me you’re a listener and that you’re going to follow your lawyer’s

advice. But if, for some reason, that thought ever occurs to you not to, don’t be a GOFU. Listen to the

professional as long as your lawyer knows his stuff. You know, as long as your lawyer maybe has

written the book on this stuff and has practiced for over 35 years doing this stuff and has told you what

you should do. Make sure you listen.Page – 9 – of 9

Evan Nappen 37:37

This is Evan Nappen, reminding you that gun laws don’t protect honest citizens from criminals. They

protect criminals from honest citizens.

37:47

Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by

Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and

opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state.

Downloadable PDF Transcript

About The Host

Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

Email Evan Your Comments and Questions

  • talkback@gun.lawyer

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