NJ Judge says quadraplegic has a right to firearms

[News Shooter]

SOMERVILLE, N.J. (AP) -- A New Jersey judge says a quadriplegic blocked from buying a gun to go hunting has the right to bear arms even though he will have to use a wheelchair mount to use the firearm.

Manville's police chief had rejected James Cap's application last year, citing safety concerns. The borough attorney says the safety issues could only be resolved by a judge.

A judge ruled Tuesday that the 46-year-old is eligible for a firearms ID, which is required to buy a gun. The judge addressed the safety issues by requiring Cap to have qualified people assist him with weapons.

Cap was an avid hunter as a teenager. He was paralyzed 30 years ago after breaking his neck in a high school football game. He plans to mount the gun on his wheelchair and operate it with a breathing tube

http://hosted.ap.org/dynamic/stories/U/US_QUADRIPLEGIC_GUN_PERMIT?SITE=FLTAM&SECTION=US

 

[K-DUB]

Good for him. It is people who have physical impairments or disabilities that leave them more vulnerable, that need guns the most. Whether he wants it for hunting or protection is irrelevant, IMO.

 

[Bill Nance]

Will we ever get to the point in this country when people grasp that self-defense and the means of that defense is a human right no less sacrosanct than free speech or freedom to worship (or not worship)?

90% of all anti-gun arguments I've ever heard are based on this fundamental misunderstanding. People who would defend even their worst enemy's right to free speech think nothing of throwing this right under the bus.

 

[Tim94gt]

Wow, In N.J. I'm amazed I thought they were worse than Ma.? I'm curious to see how the "blow tube" firing mechanism works. I hope he has many successful hunts.

 

[ochmude]

A pro-gun ruling in NJ....that's just weird!

 

[KMaurer]

Never underestimate the power of sotto voce suggestions of federal suits under the Americans with Disabilities Act.

Ken

 

[Madball13]

Where is the ACLU to defend this guy against discrimination?

ohhh wait, conflicting liberal agendas might create a black hole and undo the universe.

 

[steveyc272]

It's amazing that he needed a judge to say he has the right to bear arms...

 

[atilla]

It's amazing that he needed a judge to say he has the right to bear arms...

this.

 

[appraiser]

doesn't the use of a breathing tube to activate the firing mechanism make it subject to federal red tape, or I wonder if under the A.D.A. he can get around that.

 

[Baldkat82]

doesn't the use of a breathing tube to activate the firing mechanism make it subject to federal red tape, or I wonder if under the A.D.A. he can get around that.

It will prob be treated the same as using an artifical hand pulling the trigger. I dont think that will be regulated in any special way. I doubt there is any language at all even refferring to it as the device is probably considered an extension of his body for all practical purposes.

 

[appraiser]

I just bring it up because of the shoestring incident and the NFA implications

 

[Zappa]

It's amazing that he [strike]needed[/strike] got a judge in New Jersey to admit that he has a constitutional right to bear arms...

There, I fixed it.

 

[vellnueve]

If it's a bolt action it's a moot point anyway.