James Cap, Paralyzed Man, Can Have Guns: Judge

SOMERVILLE, N.J. — 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.

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Information from: The Star-Ledger, http://www.nj.com/starledger

Comments

[prayforroy]

This is ridiculous on many levels.

First, it's not a 2A issue. Those claiming this is a civil rights issue are smoking dope. Here's a man who cannot pickup his firearm, cannot aim it, cannot maintain it, cannot load/unload it, cannot store/unstore it, cannot carry it---all he can do is fire it via a breathing tube.

Second, this entire farce violates firearm safety 101.

Three, as bad as this situation is, it's probably preferable to most NRA adherents owning guns. After all, this man requires the assistance of least on other person to assist him in the operation of the firearm.

BTW, it seems CCW holders are killing a lot of people.

[Thirdpower]

So Jade feels that paralyzed individuals should be legally discriminated against because of their disability.

Not a surprise.

"BTW, it seems CCW holders are killing a lot of people."

If by 'a lot' Humpty Dumpty, you mean exponentially less than the average citizen, then yes.

[prayforroy]

Let us pray.

Legal discrimination is a fact; we bar those from military service who cannot satisfy mental and/or physical requirements. Similarly we can bar those who fail to meet mental and physical requirements from a whole host of occupations or professions. Some may be excluded on the basis of age.

Why?

Because they cannot adequately or safely perform.

Mr. Cap is physically unable to perform any of the functions associated with operating a firearm.

That aside, nobody who knows anything about firearm safety would accept Mr. Cap's inability to perform even the most basic function associated with a firearm as a safe practice.

"you mean exponentially less than the average citizen, then yes."

Again, your logic is lacking. A CCW holder is not an average citizen; per your NRA masters, a CCW holder is more law-abiding.

[LeftRight]

Thank god for some judges that understand what the Constitution actually SAYS!

[leeclayton]

Indeed. Imagine a world without wheelchair-mounted firearms.

[LeftRight]

Indeed. Imagine a world where our civil liberties were eliminated simply because someone didn't like them....

[ZombyWoof]

Historically, whenever the US government has cracked down on civil rights Liberals have usually been the target. Today neocons are firing people up and ratcheting the hatred towards progressives/liberals and more and more of these people are becoming radicalized talking about the tree of liberty needing to be refreshed with the blood of patriots and tyrants. Michelle Bachman exhorts people to come to the capital “find members of Congress, look at the whites of their eyes and say, 'Don't take away my healthcare.’"

Hmmm... "whites of their eyes" Where have I heard that before?

And this past year has seen violence done by persons fired up by the irresponsible and incendiary rants of neocon pundits against perceived progressives.

And I see things getting worse especially if health care reform passes.

My Point?

I’ve said it before and I will say it again. We liberals need to start embracing the second amendment and consider the merits of gun ownership.

Quite a few of liberals already do.

You don’t have to make it a fetish and you don’t even have to carry it all the time. Plus, considering that the Secret Service had two citizens arrested at a Bush event for merely wearing anti Bush t-shirts it would be interesting to see how the next Republican president handles angry progressives showing up with weapons at his/her rallies.

[OdinsEye]

It is always amusing to see people using the term "neocon" as a epithet to describe the far right. Neocons are actually liberals/Democrats who have come to embrace some conservative positions, examples are BlueDog Democrats and many Democrats during the Reagan era.

[LeftRight]

That's not a NeoCon. A NeoCon is the term used by the Republicans to describe the post Nixon Conservatism.

[ZombyWoof]

It is always amusing to see people complaining about the use of the word "neocon" as an epithet when the neocons have dozens of epithets to describe not just the far left but the moderate left.

"Neocons are actually liberals/Democrats who have come to embrace some conservative positions"

Partially true, but so what? Am I supposed to say: Really? Then that's ok then."
I say partially true because neocons are not just former Dems.
And you should know that I make a distinction between conservatives and neocons which should have been evident by my charachterization of the subjects in my post?
You know? The CRAZIES on the right.

Why some of my best friends are.....Whatever dude.

[OdinsEye]

"We liberals need to start embracing the second amendment and consider the merits of gun ownership.

Quite a few of liberals already do. "

Many who post here defending the Second Amendment and RKBAs are liberals.

"Plus, considering that the Secret Service had two citizens arrested at a Bush event for merely wearing anti Bush t-shirts "

Actually they were arrested for protesting in an area that was not approved for that activity. These designated rally/protest areas did not start with Bush and continue to this day.

[ZombyWoof]

"Actually they were arrested for protesting in an area that was not approved for that activity. These designated rally/protest areas did not start with Bush and continue to this day."

Almost true.

Trespassing was the charge this couple was arrested for but that was just a pre-text because they were at a presidential rally and were only arrested AFTER refusing to cover up the anti-Bush design on their shirts.

By the way they received an $80,000 settlement for that and good for them.

[alarmbell]

A man, who does not have the full use of his life, wants to take away an animal's life. This reminds me of a kid, way back in the late 90s, who was dying. He went to the Make-A-Wish Foundation and his last wish? To kill a bear on a hunt. The best headline I ever read was : "Teen's dying wish: To Kill." Ironic.

This man's bloodthirsty desire to kill even while paralyzed leaves me speechless.

[OdinsEye]

Thankfully the judge was able to see the !d!0cy of the way the law was being applied to this guy and rule in his favor.

[djcrsn]

THe cop that denied the permit should be fired for sheer stupidity

[ReealOne]

All I can say is... "good Lord".... What's next.

[JBVT]

We' shall name him the Killer-Krip....

[perplexed101]

Now, that is dedication to the cause!

[mackbolan]

AmandaBC I'm a Fan of AmandaBC I'm a fan of this user 515 fans permalink
photo

"Mental impairment implicates a legitimate disqualification"

So does physical impairment.

"The fact that you equate mental impairment to a physical handicap is pretty clear evidence of misguided bigotry."

The fact that you attribute to me something that I never said is pretty clear evidence of your intellectual dishonesty.
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no we get it...you don't want physically handicapped people to exercise their constitutional rights....how progressive of you.....

[leeclayton]

It's painfully obvious that your reverence for the Constitution is hollow and forced.

[djcrsn]

Fabio--look in the mirror--your utter disregard for the 2nd amendment proves your own disregard and ignorance with every post you make

[bluejoni2525]

S I C K !!!!!!

[jwinger 999]

Anyone else notice that the rifle in the picture is a Barret .50 Caliber? Mount that on your wheelchair and you're going to go flying backwards.

[LeftRight]

This wasn't about what kind of gun, this was solely about getting the FOID. But that's a good point, and a hilarious mental image....

[metropolitan]

ohh this is good news, but the USA won't be a free country until we allow blind people to shoot guns.

[AmandaBC]

When it comes to teabaggers and gun n.uts, you can always count on reality being a lot wilder than imagination:

http://wcco.com/local/blind.man.gun.2.367488.html

[OdinsEye]

Teabagging is a procedure wherein a male's gonads are drapped over an unsuspecting male's (usually asleep or passed out drunk) cranium.

[AmandaBC]

So, a quadraplegic can't drive, but he can own a gun. Yeah, that's logic...

[teflonron]

Please explain why the qualifications to operate a motor vehicle, which does not implicate a constitutional right, are now, or ever have been, in any way associated or equated with the qualifications to own a firearm. I pity any handicapped person that has to live in your deranged world, devoid of constitutional protection. Don't let your imagination run wild.

[AmandaBC]

"Please explain why the qualifications to operate a motor vehicle, which does not implicate a constitutional right, are now, or ever have been, in any way associated or equated with the qualifications to own a firearm."

Because driving a car and using a firearm can kiII other people. I know you don't care, all that counts for you is letting everybody have your dangerous toys, including BLIND people. You wingnuts really are like children.

http://wcco.com/local/blind.man.gun.2.367488.html

[OLJW00]

You have got to be kidding..... We are talking about Constitutional rights.

And it's apparent that anyone you deem to be on the other side of the fence politically to have lesser rights than your own.

[Tamoomoo]

Quads can drive, there are different levels of functioning to be classified a quadreiplegic. Someone with a lower injury in the c-region of the spine can even have use of some of their fingers, as well as their elbows and shoulders. A car only needs to be modified slightly to be driven only by someone's upper body.

[avchavis]

All I can say is WOW!

[jack7576]

judge is right