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2004 A nnual Meeting
Keynote
Gun rights attorney Evan
Nappen entertained and educated the lunchtime audience with examples
of what does—and does not—constitute an “assault firearm”
according to “one of the worst-written laws on the books.” In
addition to pointing out the features that could cause trouble for a
law-abiding gun owner, Evan provided advice for encounters with law
enforcement.
“I never speak to a
group without going through this,” he said. “It’s the SAC system:
Silence, ask for an Attorney, do not Consent to a search.” The system,
summarized on a hunter-orange card, includes the guidelines for:
Silence: What you say
can, and very likely will, be twisted against you. A casual remark about
stopping for coffee on the way to the range could get you into trouble.
Remember your Fifth Amendment rights.
Ask for an Attorney:
The moment you make that request, your Sixth Amendment rights go into
effect. Anything you say from there on, without your attorney present,
can be thrown out because your right to counsel was violated.
Do not Consent to a search. “If you’re
asked, ‘can we search your car?’ or ‘can we search your house?,’
the answer is ‘No,’” said Nappen. “Why? Think of all the men and
women who died defending these rights. Are you just going to give up
your Fourth Amendment rights and allow your privacy to be invaded? Why
would you make yourself subject to a fishing expedition that might turn
up something you may not even be aware of?” Evan said that in over 15
years of practicing law, he had not encountered one case where
consenting to a search was actually helped by it.
An active defender of the Second
Amendment and advocate for gunowners’ rights, Evan Nappen practices
law in Eatontown, NJ, where he concentrates in the are of gun, knife and
weapon law. He has written extensively on gun laws in New Jersey. He is
also a Certified NRA Rifle, Pistol, Shotgun and Home Firearm Safety
Instructor. For more details and a list of his current
publications, visit:
www.evannappen.com
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