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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 02-22-2006, 11:18 PM
Roboshred Roboshred is offline
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Default Handgun bans are non ADA compliant

It seems to me that the Americans with disabilities act cleary makes handgun bans by local governments a clear violation of the rights of those individuals with physical issues that would make it prohibitive for them to use long guns only or other more complicated measures to defend themselves. What say the rest of you? I believe this should go before the ninth circuit ct.. RB
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Old 02-22-2006, 11:39 PM
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Yes, it sounds like a clear violation of rights
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Old 02-23-2006, 12:11 AM
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Sounds like a clear violation of the 2nd ammendment rights of illegal immigrants. ...now there's something we may win on.
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Old 02-23-2006, 12:25 AM
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Yes, give them some of their own medicine... :-)
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Old 02-23-2006, 1:11 AM
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This exact logic was used openly and mentioned several times by a few handicapped individuals when Mike Feuer (a city council member at the time) was pushing the Los Angeles city "Ultra-Compact" handgun ban on sales within Los Angeles (no less than 6 inches total horizontally and no less than 4.5 inches [or 4?] vertically).

I was in the council chambers fighting this bill when the American with Disabilities Act was specifically noted, and that certain handicapped people in attendance had smaller hands, thus needing a smaller handgun. The city council member didn't care save for one.

"Let the gimps parish in order to protect them", or something to that affect was said by the majority in attendance.

Then council member Mike Feuer (who most-loudly backed the ordinance) and numerous other City Council members like ex-cocaine felony oriented Mike Hernandez, sneered, scoffed, and quivered their fascist lips at any oppostion to their abuse of power, and passed Die Feuer's Ultra-Compact handgun ban anyway, citing "we need to stop the 'pocket rockets' " as their motive.

Meanwhile, the only "pocket rocket" in the room at the time was the likelihood of a AA battery powered dildo that then-City Council member Ruth Galanter had in her purse, of which rumor has it that Mike Feuer had been secretly known to borrow from Ruth on the weekends.

.

Last edited by CALI-gula; 02-23-2006 at 1:14 AM..
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Old 02-23-2006, 7:53 AM
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This is an intersting angle. I wonder if the NRA has considered it and what the conclusion was. Disabled people must be one of the number one targets for your crack head looking to make some cash.

I had a broken hand about a year back and could not use my shotgun. Now if I'd had a pistol grip and a folding stock on my .223 then I might have been ok:-)
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Old 02-23-2006, 9:23 AM
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Folks this goes right back to what I've said about this topic so many times before. There is NO motivation whatsoever for anyone in power in this state to bargain or compromise. A fringe socialist elite has captured the state government and local government at ALL LEVELs. They have control over the legislative, executive, AND judicial branch. If they decide to ban something it is 100% guaranteed to happen.

This group of socialist elite has decided to ban civilian ownership of guns and through a patchwork of vague laws create a "country within a country". They won't cede from the USA but their goal is to create their own socialist state within the US. They CANNOT be bargained with thus it's up to us to rebel using any method possible such as the RKBA initiative and importing AS MANY off-list lowers AS POSSIBLE to show them how silly their bans are.
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Old 02-23-2006, 11:05 AM
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Quote:
Originally Posted by shopkeep
Folks this goes right back to what I've said about this topic so many times before. There is NO motivation whatsoever for anyone in power in this state to bargain or compromise. A fringe socialist elite has captured the state government and local government at ALL LEVELs. They have control over the legislative, executive, AND judicial branch. If they decide to ban something it is 100% guaranteed to happen.

This group of socialist elite has decided to ban civilian ownership of guns and through a patchwork of vague laws create a "country within a country". They won't cede from the USA but their goal is to create their own socialist state within the US. They CANNOT be bargained with thus it's up to us to rebel using any method possible such as the RKBA initiative and importing AS MANY off-list lowers AS POSSIBLE to show them how silly their bans are.
Right on the money!
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  #9  
Old 02-23-2006, 11:25 AM
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PanzerAce PanzerAce is offline
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Quote:
Originally Posted by shopkeep
Folks this goes right back to what I've said about this topic so many times before. There is NO motivation whatsoever for anyone in power in this state to bargain or compromise. A fringe socialist elite has captured the state government and local government at ALL LEVELs. They have control over the legislative, executive, AND judicial branch. If they decide to ban something it is 100% guaranteed to happen.

This group of socialist elite has decided to ban civilian ownership of guns and through a patchwork of vague laws create a "country within a country". They won't cede from the USA but their goal is to create their own socialist state within the US. They CANNOT be bargained with thus it's up to us to rebel using any method possible such as the RKBA initiative and importing AS MANY off-list lowers AS POSSIBLE to show them how silly their bans are.
+1 lets just hope they do/say something illegal in writing so that we can win in court.
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Old 02-23-2006, 2:22 PM
Roboshred Roboshred is offline
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Default THE ADA arguement is a winnable option IMO

I'm not an attorney but I find it hard to enforce these laws under an ADA
led court case. An individual with an ADA issue (arthritis;missing limb;back disorder) could show do cause to have the law create an exemption for them.
If there was no exemption the law would be overturned or an adendum to it would be required. This is purely from my view point however I see substantive value in it for the right case! Yes the NRA or GOA should run a case like this
up the ct. system.
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Old 02-23-2006, 2:31 PM
shopkeep
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Quote:
Originally Posted by PanzerAce
+1 lets just hope they do/say something illegal in writing so that we can win in court.
Keep in mind what I said... they're in control of the courts too! Right up to the ninth circuit. The only chance we have at defeating them is the US Supreme Court. That's a long shot because remember they only hear about 6 or 8 cases per year.
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Old 02-23-2006, 2:44 PM
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Quote:
Originally Posted by shopkeep
Keep in mind what I said... they're in control of the courts too! Right up to the ninth circuit. The only chance we have at defeating them is the US Supreme Court. That's a long shot because remember they only hear about 6 or 8 cases per year.
http://www.supremecourtus.gov/about/justicecaseload.pdf seems to say that we would have a pretty decent chance, especially since it is a Constitutional issue.
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