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Episode 219-The Worst NJ Towns Delaying Carry Permits
Manage episode 459393030 series 2835731
Searchable Podcast Transcript
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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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.
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218 επεισόδια
Manage episode 459393030 series 2835731
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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.
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