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View Full Version : ADA ( Americans with disabilities act ) can it be used to promote gun rights?


gunsmith
01-28-2011, 11:52 AM
for instance-due to surgery on my knee I cant run away from a mugger.
CA allows for one armed citizens to carry automatic knives ( well, I heard that don't know how true it is )
Why cant we at least have a lawsuit forcing municipalities to recognize the rights of disabled people to ccw?

ECVMatt
01-28-2011, 12:48 PM
My son has severe CP and is unable to hold a rifle. I would love to get him a ruger charger, but they are not allowed in CA for several reasons. I am with you, but am not optimistic.

nick
01-28-2011, 1:01 PM
Handgun roster? :)

ECVMatt
01-28-2011, 1:05 PM
I believe it would be an assault weapon too.

CSACANNONEER
01-28-2011, 1:12 PM
A couple thoughts. First, I'd love to see the written CALIFORNIA law that exempts one armed people and LEOs from knife laws. Second, anyone who is a disabled shooter should be aware that the NRA has a national committee to promote disabled shooters. I know at least one member of this committe who is passonate about this. I introduced our own Disarmed Marksman to him at SHOT and he was quick to insist that DM call him after SHOT. So, the NRA is actively working with disabled shooters. Finally, more to the point of your question, I believe that one could easily argue that Ca mag laws and AW laws make it hard, if not impossible for cetain people with certain disabilities to use a firearm to protect themselves. Thus, violation their 2A rights.

CEDaytonaRydr
01-28-2011, 1:16 PM
I have thought about using my VA disability (50%) as grounds for my reasoning for a CCW permit in LA county but I haven't bothered to apply. I've been told that getting rejected for a CCW permit has some consequences and I think I'll just be wasting time and money. Besides, for all intensive purposes, LA county doesn't issue CCWs, really... :(

It might be a good way to bait LA county into a lawsuit, though...

Thoughts? :confused:

Librarian
01-28-2011, 1:40 PM
Handgun roster? :)

Well, yes - for those who don't know, that's one of the issues in the suit Pena v Cid (http://wiki.calgunsfoundation.org/index.php/Pena_v._Cid); plaintiff Vargas has just one arm suitable for using a handgun, and he needs a left-hand/ambidextrous version of a handgun, while only the right-hand version is on the Roster.

ke6guj
01-28-2011, 3:32 PM
A couple thoughts. First, I'd love to see the written CALIFORNIA law that exempts one armed people and LEOs from knife laws.I talked to the owner of Pro-Tech Knives and he mentioned that there is no CA law that exempts LEOs from the CA switchblade laws. He did mention that federal law does have some exemptions to LEOs (and one-armed people), like for interstate sales, but that those don't exempt you from CA law. Pro-Tech mentioned that the he deal is that it isn't very likely that an LEO is gonna arrest another LEO for carrying a switchblade (or the dealers tht sell to them). He thought that it would take something major to get an LEO arrested for carrying, and at that point, it would go to court to determine if the federal exemption override CA law.

I'm gonna guess that one-armed men fall under the same umbrella, but without the protection of the Brass Pass.


I wonder if, at some point, someone is going to have to perform a citizen's arrest on an LEO for carrying a 2+" switchblade to get something done about this?

Librarian
01-28-2011, 4:17 PM
A couple thoughts. First, I'd love to see the written CALIFORNIA law that exempts one armed people and LEOs from knife laws.

We had a discussion on this in the LEO forum.

It appears that on-duty LEO may be covered by the exemption in 12020(b)(12)
12020(b)
(12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties,

or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties.

dantodd
01-28-2011, 4:18 PM
He thought that it would take something major to get an LEO arrested for carrying, and at that point, it would go to court to determine if the federal exemption override CA law.

I'm gonna guess that one-armed men fall under the same umbrella, but without the protection of the Brass Pass.

Federal exemptions do not "override" CA law. They merely exempt one from federal prosecution. CA laws are separate and there is no such exemption for LE or disabled people in Cal law. LE will not get in trouble because of the "brass pass." Someone who is disabled will be treated in any way the contacting LEO feels like treating them.

I wonder if, at some point, someone is going to have to perform a citizen's arrest on an LEO for carrying a 2+" switchblade to get something done about this?

It would be entertaining and probably the only way anything would ever happen. But even then the DA is extremely unlikely to file charges so all you'll get is a slap on the wrist from the department. (think Det. Tuason)

ke6guj
01-28-2011, 4:23 PM
We had a discussion on this in the LEO forum.

It appears that on-duty LEO may be covered by the exemption in 12020(b)(12)that would cover his on-duty carrying of the "concealed dirk or dagger" felony charge that a concealled 2+" switchblade is, but the 12020(b)(12) exemption only deals with 12020 violations, it does not extend to a 653(k) violation, the misdemeanor for carrying a 2+" switchbalde.





Federal exemptions do not "override" CA law. They merely exempt one from federal prosecution. CA laws are separate and there is no such exemption for LE or disabled people in Cal law. LE will not get in trouble because of the "brass pass." Someone who is disabled will be treated in any way the contacting LEO feels like treating them.


I know it doesn't, otherwise, I'd have a lot more NFA stuff :D That was just the opinion that the CEO(?) of Pro-Tech mentioned would probably be the arguement the defense attorney would bring up in court, to try and claim that hs client throught that it did.

hoffmang
01-28-2011, 9:43 PM
The ADA will be very useful...

-Gene

Liberty1
01-28-2011, 9:51 PM
The ADA will be very useful...

-Gene

:43:

Write Winger
01-28-2011, 10:07 PM
How can a one armed man do UOC?