Episode 284-Robots Coming for Our Guns?

Episode 284-Robots Coming for Our Guns? Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 12 Gun Lawyer — Episode 284 Transcript SUMMARY KEYWORDS Gun rights, Appellate Division, Bergen County, mental health crisis, firearm sale, handgun purchase permit, New Jersey law, firearm storage, third party disqualification, extreme risk protection orders, domestic violence, Second Amendment, gun confiscation, robots, Milgram experiment. SPEAKERS Evan Nappen, Teddy Nappen, Speaker 2 Evan Nappen 00:16 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, my firm has done it again. We have won yet another Appellate Division gun case, and again coming out of Bergen County, which is notorious when it comes to denials of individuals regarding their gun rights. And we have yet another case here that’s very important, and we’re going to discuss it fully. It really is significant in what the Court is stating. It’s addressing problems that we’ve seen throughout the practice of gun law and the gun rights oppression that has taken place judicially. And the expansion is now, finally, apparently being curtailed. Evan Nappen 01:29 Let’s talk about this case. So, this case is “In the Matter of Compelling the Sale of Maya Kun’s Firearm”. And if you want to read the actual case, the link, of course, is online at our website, where we always put the transcript of the show. We’ll have the link to the case. (https://www.njcourts.gov/system/files/court-opinions/2026/a0076-24.pdf) But let’s take a look at what this case is about and its legal significance. The petitioner is a Maya Kun and appeals from an order compelling the sale of her handgun and prospectively barring her from being issued, you know, in the future, a handgun purchase permit and a firearm purchaser ID card. And what happened here? The police were called to Kun’s home. Her boyfriend, D.G., is what we’ll refer to him as, and as referred to in the case, was experiencing a mental health crisis. Kun voluntarily surrendered her firearm, and that’s a firearm for which she was licensed in New York on the day of the incident. Evan Nappen 02:47 The State then filed a motion to compel the sale of Kun’s firearm, which Bergen is notorious in doing, by the way. And following the hearing, the Court granted state’s motion and ordered Kun, as follows. Kun was “prohibited from owning, purchasing, possessing, or receiving firearms and/or ammunition, and from securing or holding an FPIC or HPP . . .”, being a Handgun Purchase Permit or a Firearms Page – 2 – of 12 Purchaser ID Card, “pursuant to N.J.S.A. 2C:58-3, or a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4.” And the Court says that, after further review of the record and applicable law, we conclude the trial court erred in compelling the sale of Kun’s firearm and reverse and remand for an order consistent with this opinion. Evan Nappen 03:47 And the facts are interesting in this case, and I’ll just give you it in a nutshell. Kun called local police. Kun was a Doctor of Osteopathic Medicine and specializes in child psychology. The police responded to Kun’s home after being informed by a third party that Kun’s live-in boyfriend D.G. had made concerning statements about wanting to harm himself. Upon arrival, Kuhn said that D.G. had been drinking heavily and planned to kill himself over anguish regarding the anniversary of his mother’s death. The officer that came there smelled alcohol, said D.G. was mildly aggressive, had a bruise above his right eye from where he fell while intoxicated, allegedly, and the officers eventually decided to transport D.G. to the hospital for evaluation. D.G. was evaluated and sent home that same day. Evan Nappen 04:55 Now, Kuhn had voluntarily surrendered her firearm to the police on that day. The firearm was a Glock 19, and it was stored in a safe in the primary bedroom, accessible only with a code and a key. The firearm was removed after D.G. was placed in an ambulance and sent to the hospital. Kuhn had a New York Firearms ID Card for the Glock, and she didn’t have a New Jersey license. But, as you should know, in your home, under N.J.S. 2C:39-6.e., you can possess a firearm without a license in New Jersey under that exemption. Kun testified that they lived together for three years, and she was the only person who had access to the gun safe. And in response to questioning by the trial court, who often acts very aggressive in questioning in that court, we’ve experienced it and seen it, said that she would have given D.G. access to her gun because she had no concerns about his mental health. However, later in the hearing, she corrected that earlier statement and said she would not have given access. And at the hearing, Kun also produced, however, keep this in mind, a letter from D.G.’s psychoanalyst, which said that...