Gun Lawyer

Episode 276-NJ’s New Felony Dingus Law  Also Available On Searchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 14 Gun Lawyer — Episode 276 Transcript SUMMARY KEYWORDS New Jersey felony law, accidental discharge, Second Amendment, gun rights, reckless conduct, felony dingus, legal consequences, gun ownership, national reciprocity, pro-gun advocacy, government involvement, legal defense, gun laws, gun ownership statistics, gun control. SPEAKERS Evan Nappen, Teddy Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:20 And welcome to Gun Lawyer. New Jersey now officially has the felony Dingus law. That’s right, folks. It has to do with the criminalization of accidents. That’s it. They’ve been criminalized in New Jersey. Now let me explain why it’s the Dingus law. The reason I call it the Dingus law is that a number of years ago I was in Missouri. It was at the James Farm, Jesse and Frank James Farm. It was a great museum there. It’s a pretty cool place to visit if you’re into western history. You know, Jesse James and such is way up there of one of the fun topics to learn about. As a matter of fact, their famous bank robbery is still the record haul for any bank robbery in the U.S., ever. It was done by James and his gang. In terms of the amount of money stolen, in terms of the value of that money today, versus then, it is the record amount ever stolen. Evan Nappen 01:41 But the thing that’s interesting to me about what happened when I was at that museum is I’m looking at all kinds of things about historical facts about Jesse James and his life and all. I’m reading some things, and it talked about “Dingus” at certain times. You know, talking about things that were going on between him and his men. And I’m like, Dingus, who’s Dingus? So, I asked one of the museum folks there, hey, who is this Dingus that they’re talking about? He goes, oh, that’s Jesse James. What do you mean Jesse James is Dingus? Who called him, you know, Dingus and lived, right? He’s like, no, no, no, no, no. His men did. His men did. What? Why? Well, you see, Jesse was apparently playing around with his gun, practicing spinning or screwing around with it, or who knows what, and he accidentally shot two of his fingers off. It was in front of his men. He shot his fingers off, two of them, and Jesse James would never use profanity. He may have been a stone cold killer, but he would not ever use profanity. So, when he shot his two fingers off, he said, Dingus! Now, I don’t know about you, but if I shot my fingers off, I’d say something a lot more than Dingus. But I guess his men fell off their horses Page – 2 – of 14 laughing, you know, and they nicknamed him Dingus. And I guess if you were one of his men, you could bust his balls and call him Dingus and get away with it. Evan Nappen 03:36 But we call accidental discharges in my office “Dingus” cases in honor of Jesse James, of course. So, any accidental discharge is a Dingus case. Now, I once had a guy that shot himself in the hand with a Glock. And so that, of course, was a Dingus case. This was a number of years ago, and they tried to take away his firearms and his ability to be licensed under that. It wasn’t criminalized, but they did try to disenfranchise him of his gun rights. We fought it hard, and we were able to win and save his gun rights and his gun. About a year later, he shot himself in the hand again with a Sig. So, do you know what he was? He was a Double Dingus. That’s right. Evan Nappen 04:40 Anyway, this new Dingus law, and look, accidents can happen. You can drive your car and have an accident. Accidents happen. But this Dingus law that New Jersey has passed is a felony Dingus law. It now turns accidents into a New Jersey felony. A felony level offense. It’s very important that you understand this, because now it is actually law in New Jersey, and you have to know your rights. You have to stand on your rights. Or you not only risk losing your Second Amendment rights, but you also risk becoming a felon, going to State Prison, and having your life essentially destroyed over this. Because becoming a convicted felon can dramatically affect your career, and your ability to earn a living. Your existence becomes one of a second class citizen, and not just in terms of gun rights. Evan Nappen 05:52 So, I want to do a deep dive here into the felony Dingus law that New Jersey has now made law. And I want to make it clear so that you, my dear listeners, know what to do to protect yourself and hear it straight from me as to what you must do and how you must act. Because it will be difficult for some of you to do what I’m saying. It strikes to a certain degree against what might be your first reaction, but you have to do this. Otherwise the consequences can be dire. So, this new law that New Jersey passed, and it is officially law. It takes accidents and makes them felonies, accidents with firearms, into felony level offenses. And we’re going to take a look at how exactly that gets done. How the Legislature, in passing this law, has done it in such a bizarre way, or sneaky way, devious way, that the impact and reality of it is how I’m going to explain it. Evan Nappen 07:13 So, the law reads, and you can read the bill that passed. It was A4976 and was approved by Murphy as one of his parting gifts on January 20 of this year. (https://pub.njleg.state.nj.us/Bills/2024/A5000/4976_R2.PDF) It says, (1.a.) For the purposes of this act, “Recklessly” shall have the same meaning as set forth in N.J.S. 2C:2-2. Now, 2-2 is where the culpability standards for New Jersey law are laid out. Culpability is the establishment of the level of what has to be demonstrated in order to prove whether you’re culpable for the commission of that offense. These fall under the general requirements of culpability, and normally, culpability has to be proven. It’s a level of proof. Often we think of culpability as needing to show purpose fully. You do something purposefully. We do something knowingly, knowingly. But recklessly and negligently can also be culpability levels in criminal law, and New Jersey is now making “Reckless” as part of this law. Page – 3 – of 14 Evan Nappen 08:56 But reckless isn’t necessarily how you might generically think of it. It’s defined in this culpability statute as follows. So, this is where “Reckless” gets defined that they’re incorporating into the new law. (N.J.S. 2C:2-2.(3)) “Recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. ‘Recklessness,’ or ‘with recklessness’, or equivalent terms have the same meaning.” Evan Nappen 10:05 Now, if you’re having trouble wrapping your head around what I just said, we’re going to get back to it. But I wanted to give you that, initially, as we go through the bill, and I’m going to show you how it translates into reality under the felony Dingus law. So, New Jersey now says “reckless” is defined as what I just told you, and then they define structure. “‘Structure’ means any building, room, ship, vessel, car, vehicle, or airplane, and also means any place adapted for overnight accommodation of persons or for carrying of business therein.” So, any business establishment, any means of transport, and any room, building or ship is a structure, okay? Now the law says a person commits, oh, a disorderly person’s offense. Oh, well, that’s not a felony, Evan. That’s a disorderly person. It’s New Jersey’s version of misdemeanor. Yeah, I know that, but let’s keep reading. Evan Nappen 11:21 Okay, folks. “A person commits a disorderly persons offense by recklessly discharging a firearm . . .” Well, you might think, why I’d never be reckless. I’d never be reckless. “. . . by recklessly discharging a firearm using live ammunition rounds . . .” So, I guess you can recklessly discharge a blank gun, but whatever. “. . . recklessly discharging a firearm using live ammunition rounds unlawfully or without a lawful purpose, except that a second conviction for such an offense constitutes a crime of the fourth degree, and a third or subsequent conviction for such an offense constitutes crime of the third degree.” So, what happens is this. It ups the degree if you have repeat offenses. Evan Nappen 12:12 So, you say, well, look, man, if I have one problem, at least it’s just a misdemeanor, and it’s not a felony. I don’t become a felony Dingus problem in my life. Well, yeah, because here’s the next part. It says, a person who commits a violation of what I just said, subsection b., technically of this section, shall be charged with a crime of one degree higher than what ordinarily would be charged for such offense, where the violation occurs within 100 yards of an occupied structure. Whoa, whoa. Wait a minute. Wait a minute. So, in other words, if you have an accidental discharge, and that AD was done without lawful purpose, well, if it’s an accidental discharge, what was your lawful purpose for having an accident? Of course, there wasn’t one. It’s baked into the cake. There’s no accident done lost with a lawful purpose. Of course not. So, every accident now, unless you can show there was a lawful purpose to your accident, okay? Every accident done, every accidental discharge without a lawful purpose, within 100 y