Blowing Away Deer: Judge Rules That Quadriplegic Has Right to Gun To Hunt

180px-Edit_4x_rifle_scopeA New Jersey judge has ruled at a quadriplegic must be allowed to buy a gun for hunting, which will be mounted on his wheelchair and fired by blowing into a tube. James Cap has been paralyzed for 30 years after an injury in a high school football game.

Manville New Jersey Sheriff Mark Peltack had opposed the purchase on public safety grounds. The shotgun will be mounted on his chair and he will literally blow away deer with an air tube attached to the weapon.

Superior Court Judge John Pursel disagreed and, in signing the order, told Cap “I hope you enjoy the use of your firearm.” The judge did require Cap to have qualified people assist him with weapons.

Gun-rights advocates fought for almost three years to win the case.

Recently, gun advocates made remote hunting available for handicapped hunters, who can shoot deer and other animals on the Internet, here. However, there is a move to ban Internet hunting, here.

For the full story, click here.

71 Responses to “Blowing Away Deer: Judge Rules That Quadriplegic Has Right to Gun To Hunt”


  1. 1 Jill 1, November 11, 2009 at 4:05 pm

    OT but something everyone here might want to know about:

    “A Justice Department subpoena requesting all available information on all visitors to an independent news site is raising serious privacy concerns, and questions about how much information the US government is storing about its citizens’ news reading habits.

    Privacy watchdog Electronic Frontier Foundation has released an extensive report on a “bogus” attempt by a US attorney in Indiana to get Indymedia.us, an independent left-leaning news site, to hand over all the data it had about all the users who visited the site on a particular day.

    Further adding to civil libertarians’ and privacy watchdogs’ concerns is the fact that the Justice Department ordered Indymedia to keep silent about the request.”

    http://www.alternet.org/rights/143864/feds_wanted_private_data_on_all_visitors_to_liberal_news_site

  2. 2 John 1, November 11, 2009 at 4:12 pm

    If this is true, Jill, are you suprised?

  3. 3 Gyges 1, November 11, 2009 at 4:16 pm

    I was all set to point out that you don’t hunt deer with shotguns, but decided to check the New Jersey Regs. They’ve got a shotgun season. Are you folk out east that bad of shots?

  4. 4 Paully 1, November 11, 2009 at 4:39 pm

    Gyges, Deer hunting with a shotgun is done with a “deer slug”.
    http://en.wikipedia.org/wiki/Shotgun_slug

    The purpose of hunting by shotgun is to reduce the distance the projectile will travel.

  5. 5 Gyges 1, November 11, 2009 at 4:42 pm

    Paul,

    Yeah, I know, consider my comment good natured ribbing.

  6. 6 Gyges 1, November 11, 2009 at 4:44 pm

    I apologize, that should read “Paully.” I was interrupted by a hound with an excitable bladder.

  7. 7 Elaine M. 1, November 11, 2009 at 4:57 pm

    Jill–

    Thanks for the link to the article.

  8. 8 Former Federal LEO 1, November 11, 2009 at 5:07 pm

    _________________________________

    Jill wrote:

    “OT but something everyone here might want to know about:”
    __________________________________

    And to think that just yesterday I commended you about taking the time to search for and find related, outdated topic threads and then updating those with new information! Women!

    (just kidding….somewhat, but you know that I like your posts…mostly….and…)

    I will have something to say on this hunting topic later. Basically, I agree with the judge’s decision.

  9. 9 Jill 1, November 11, 2009 at 5:08 pm

    John,

    Here’s a link to the subpoena and the story. No, I’m not surprised.

    “In a report released today, EFF Senior Staff Attorney Kevin Bankston tells the story of a bogus federal subpoena issued to independent news site Indymedia.us, and how the site fought back with EFF’s help. Declan McCullagh at CBSNews.com also has the story.

    The report describes how, earlier this year, U.S. attorneys issued a federal grand jury subpoena to Indymedia.us administrator Kristina Clair demanding “all IP traffic to and from http://www.indymedia.us” for a particular date, potentially identifying every person who visited any news story on the Indymedia site. As the report explains, this overbroad demand for internet records not only violated federal privacy law but also violated Clair’s First Amendment rights, by ordering her not to disclose the existence of the subpoena without a U.S. attorney’s permission.

    Because Indymedia follows EFF’s Best Practices for Online Service Providers and does not keep historical IP logs, there was no information for Indymedia to hand over, and the government withdrew the subpoena. However, as the report describes, that wasn’t the end of the tale: Ms. Clair wanted EFF to be able to tell the story of the subpoena and shine a light on the government’s illegal demand, yet the subpoena ordered silence. Under pressure from EFF, the government admitted that the subpoena’s gag order had no legal basis, and ultimately chose not to go to court to try to force Ms. Clair’s silence despite earlier threats to do so.”

    http://www.eff.org/deeplinks/2009/11/effs-secret-files-anatomy-bogus-subpoena

  10. 10 rafflaw 1, November 11, 2009 at 5:31 pm

    i sure hope this handicapped individual doesn’t go hunting with Dick Cheney.

  11. 11 Former Federal LEO 1, November 11, 2009 at 5:36 pm

    Well, as long as Mr. James Cap is the only hunter fully armed, I see no problem whatsoever..

  12. 12 Byron 1, November 11, 2009 at 6:04 pm

    Gyges:

    we use shotguns without scopes so there is some actual sport in it. shooting a deer from 2000 yards while sitting in a warm tent watching TV and having a beer isn’t considered sport on the east coast.

  13. 13 Rich 1, November 11, 2009 at 6:05 pm

    The NRA had no problems having a prexie with Alzheimer’s, I’m sure we’ll see even more questionable gun rights decisions.

  14. 14 Byron 1, November 11, 2009 at 6:06 pm

    Jill:

    why would a “leftist” government care about people visiting a “leftist” website?

    In any event not a good idea either right or left.

  15. 15 Anonmously Yours 1, November 11, 2009 at 6:09 pm

    Bambi at least has a chance with this Deer Hunter.

  16. 16 Elaine M. 1, November 11, 2009 at 6:12 pm

    Byron–

    We have a “leftist” government??? Can’t say as I see it that way.

  17. 17 Byron 1, November 11, 2009 at 6:16 pm

    Rich:

    how is this a questionable gun right? 2nd amendment doesn’t say anything about being disabled. What other rights do you want to deny disabled people? Maybe they shouldn’t get married, or be able to have children, maybe they shouldn’t work or drive cars.

    If that person has someone helping him what is your problem? And even if he didn’t what is your problem? You don’t think disabled people are smart enough to use a weapon or know when they aren’t being safe?

    what part of “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” don’t you understand?

  18. 18 Gyges 1, November 11, 2009 at 6:18 pm

    Byron,

    Give me some credit, I only use a 4x scope, and I don’t drink the beer till after the deer is field dressed.

  19. 19 Byron 1, November 11, 2009 at 6:19 pm

    Elaine M:

    if you are looking at it from my perspective you might call it left of center. Speaking from a free market vantage point.

  20. 20 Elaine M. 1, November 11, 2009 at 6:20 pm

    I sure hope Cap’s qualified assistant isn’t Dick “Deadeye” Cheney.

    Here’s a double dactyl I wrote in remembrance of Cheney’s famous hunting incident of 2006:

    Better Duck…It’s Dick: A Double Dactyl about Dick Cheney’s Hunting Prowess

    Eevilly weevily
    Richard (Dick) Cheney
    Former Vice Prez
    And political louse,

    Took his pal Harry
    Out hunting for wildfowl,
    But shot at his good friend
    Instead of the grouse.

  21. 21 Byron 1, November 11, 2009 at 6:23 pm

    Gyges:

    So you admit that all those pack animals are carrying generators and TV’s.

  22. 22 Gyges 1, November 11, 2009 at 6:25 pm

    Byron,

    Pack animals are for those without ATVs.

  23. 23 Byron 1, November 11, 2009 at 6:25 pm

    Elaine M:

    that is not really fair to Dick, he did after all shoot a lawyer. Who thankfully wasnt hurt to bad.

  24. 24 Byron 1, November 11, 2009 at 6:28 pm

    Gyges:

    ATV’s, TV’s, beer, heated tents, sounds more like social hour than hunting. Do you use salt licks and grain bins as well so you dont have to leave the tent?

  25. 25 Gyges 1, November 11, 2009 at 6:39 pm

    Byron,

    In all seriousness: Beer is for when the shootings done. ATVs are mainly used to get the deer to the truck (and then the meat locker) quicker. Never use a blind, and however sedate I am for deer, going after Antelope more than makes up for it. Those goats are tough to get at.

  26. 26 Elaine M. 1, November 11, 2009 at 6:39 pm

    Byron–

    Whittington did suffer a minor heart attack after some of the birdshot migrated to his heart. I’d say that was not such a minor aftermath of the accident. I think my comment and poem hit the mark on fairness.

  27. 27 Bob,Esq. 1, November 11, 2009 at 6:43 pm

    Byron: “shooting a deer from 2000 yards while sitting in a warm tent watching TV and having a beer isn’t considered sport on the east coast.”

    It’s called a wonderful day dream.

  28. 28 Byron 1, November 11, 2009 at 6:44 pm

    Elaine M:

    I was joking around.

  29. 29 Bob,Esq. 1, November 11, 2009 at 6:45 pm

    And Byron,

    The 2nd Amendment’s got nothing to do with it.

    The 2nd Amendment does not apply to the states; e.g. the state of New Jersey.

  30. 30 Byron 1, November 11, 2009 at 6:46 pm

    Bob Esq:

    had I been drinking a beer, I would now have it all over my monitor. Very funny!

    From the sound of it Gyges might be able to hook you up with that kind of trip.

  31. 31 Byron 1, November 11, 2009 at 6:48 pm

    BobEsq:

    Then why did DC have to legalize gun ownership?

    I ask that as a layman.

  32. 32 Byron 1, November 11, 2009 at 6:51 pm

    Gyges:

    which tastes better Pronghorn or deer? I wont even put elk in the same category with deer, it is better than beef. I have not had any North American antelope.

  33. 33 Gyges 1, November 11, 2009 at 6:52 pm

    Byron,

    I think the dream is having the gear to make a 2000 Yard shot. I hunt with some phenomenal shots, and I haven’t seen anyone try anything over 350.

  34. 34 Anonmously Yours 1, November 11, 2009 at 6:54 pm

    Elaine M.,

    My my. Shooting attorneys is a sport. Well heck, what do you call 25 attorneys jumping out of a plane?

    Skeet!

  35. 35 Bob,Esq. 1, November 11, 2009 at 6:54 pm

    FFLEO, GYGES & BYRON,

    Technically I agree with the Jersey court on this; but practically speaking…

    are you guys going to tell me you wouldn’t feel nervous being anywhere near this guy while he was hunting?

    Where do you draw the line (within the social compact — mind you) between the RKBA and the right of others to be safe from, how shall we say, court ordered – off balanced gun modifications?

    Granted we’re talking no more than a 150 yd radius, but still.

  36. 36 Gyges 1, November 11, 2009 at 6:55 pm

    Byron,

    Pronghorn’s much closer to goat than to deer. I like deer better, but Antelope has a soft spot in my heart for stew and breakfast sausage.

  37. 37 Bob,Esq. 1, November 11, 2009 at 6:57 pm

    Byron: “Then why did DC have to legalize gun ownership? I ask that as a layman.”

    Byron, you’re gonna kick yourself when I tell you…

    The District of Columbia is a … wait for it… federal district.

  38. 38 Byron 1, November 11, 2009 at 7:04 pm

    BobEsq:

    thanks, I knew you would get to the bottom of it.

    and yes if I could kick my ass I would. I guess I should have thought about that for oh say 30seconds before I asked that question.

  39. 39 Bob,Esq. 1, November 11, 2009 at 7:04 pm

    Gyges: “I think the dream is having the gear to make a 2000 Yard shot. I hunt with some phenomenal shots, and I haven’t seen anyone try anything over 350.”

    What gear would you use to attempt the 1000 yard shot? Target and hunting.

    BTW, here’s a good article on self-control.

    http://www.chuckhawks.com/when_to_shoot.htm

  40. 40 Byron 1, November 11, 2009 at 7:07 pm

    BobEsq:

    if he had assistance which he appears to have and he had shown proficiency using the modified weapon, then why not?

    Although I would probably be behind him and below the trajectory of the slug or shot.

    You actually ought to worry more about quadriplegics driving.

  41. 41 Elaine M. 1, November 11, 2009 at 7:13 pm

    Byron–

    I assumed you were fooling. Still, I can’t help myself when it comes to reminding people of all the dastardly things Dick has done.

  42. 42 Bob,Esq. 1, November 11, 2009 at 7:18 pm

    Byron: “if he had assistance which he appears to have and he had shown proficiency using the modified weapon, then why not?”

    Why can’t you have collapsible stocks and large magazines for rifles in New York?

    I don’t know; I just threw it up there because it seems/feels like an awkward/dangerous modification.

  43. 43 Gyges 1, November 11, 2009 at 7:20 pm

    Bob,

    To be honest, I’ve never put much thought into it. I’m sure there’s some out there, but I’m just not that into shooting to do the research.

    Now me, aside from a brisket shot on a windy day every animal I hit I dropped, every animal I’ve shot at I hit (had my scope get knocked out of true a little this last trip and took 3 shots to figure it out). That article pretty much sums up my strategy.

    The 350 shot I mentioned was from a prone position with broadside animal. I’ve done a couple of 300 yard shots, but those were with a solid rest, plenty of time, and favorable conditions. I’m a good shot mainly because I’m a patient shot and a picky shot.

  44. 44 Gyges 1, November 11, 2009 at 7:22 pm

    Edit:

    “… dropped, ALMOST every animal I’ve shot at…”

  45. 45 Gyges 1, November 11, 2009 at 7:22 pm

    Also, the 350 yard shot wasn’t me.

  46. 46 Byron 1, November 11, 2009 at 7:26 pm

    BobEsq:

    arent collapsible stocks and large magazines for things other than shooting deer?

  47. 47 puzzling 1, November 11, 2009 at 7:59 pm

    Jill,

    I share your concerns on the Indymedia case. How widespread are these tactics by the government?

    Somewhat surprisingly, I first learned of the case from Andrew Napolitano on Fox yesterday.

  48. 48 Jill 1, November 11, 2009 at 8:04 pm

    Byron,

    Forget left or right. This is a corporate, totalitarian state. That’s why they monitor people on the left and the right who have the integrity of their convictions and want to know what’s going on to the best of their ability. Remember, some of Bush’s strongest critics came from people of principle on the right.

  49. 49 Jill 1, November 11, 2009 at 8:10 pm

    puzzling,

    We have 1,600 people per day added to the “terrorist” watch list–at least that’s the number the govt. will acknowledge. I’m going to guess this is a very widespread practice. I will see if I can find more from the Electronic Frontier Foundation. They have been very good at fighting back on these intrusions.

  50. 50 Byron 1, November 11, 2009 at 8:26 pm

    Puzzling:

    “Somewhat surprisingly, I first learned of the case from Andrew Napolitano on Fox yesterday.”

    That should not be surprising at all, Judge Napolitano appears to be very civil liberties oriented.

  51. 51 anon 1, November 11, 2009 at 8:51 pm

    What if he sneezes?

  52. 52 Bob,Esq. 1, November 11, 2009 at 9:47 pm

    Gyges: “I’m just not that into shooting to do the research.”

    I actually enjoy shooting more than hunting.

    “The 350 shot I mentioned was from a prone position with broadside animal. I’ve done a couple of 300 yard shots, but those were with a solid rest, plenty of time, and favorable conditions. I’m a good shot mainly because I’m a patient shot and a picky shot.”

    Patient and picky are virtues of marksmanship.

  53. 53 Bob,Esq. 1, November 11, 2009 at 9:49 pm

    Byron: “arent collapsible stocks and large magazines for things other than shooting deer?”

    Anon’s got a point; what if the guy sneezes? Tad more dangerous than a large clip; wouldn’t you say?

  54. 54 puzzling 1, November 11, 2009 at 9:54 pm

    Byron,

    I agree. Napolitano is clearly an ardent and articulate defender of constitutional freedoms. What is surprising is that Fox allowed him to set the agenda on the Glenn Beck show twice in the last week. It was a strongly libertarian lineup that Beck would hardly touch, and would certainly not embrace. These were anti-war, anti-corporatist, pro-privacy, pro-state’s rights individuals that Fox seems to keep segregated from the neoconservatives who so often appear.

    Starting in the first segment of the show:

    1. Napolitano proposes that the States might be an effective but underutilized tool to check the role and power of the federal government. There is a discussion on the ability of the States to initiate constitutional amendments.

    2. There is discussion of the history and role for state nullification of federal laws.

    3. Napolitano proposes that Senators be returned to selection by State legislatures, thus assuring that a portion of the federal legislature support state’s rights.

    Serious discussion of these ideas on television was somewhat unexpected.

  55. 55 GWLawSchoolMom 1, November 12, 2009 at 12:27 am

    what’s next? voice activated guns?

  56. 56 Elaine M. 1, November 12, 2009 at 3:06 am

    anon–

    You say Gesundheit–and duck!

  57. 57 Blouise 1, November 12, 2009 at 3:26 am

    “anon

    What if he sneezes?”

    ===================================================================

    sincere chuckle

  58. 58 Maaarrghk! 1, November 12, 2009 at 3:34 am

    Surely it’s the mans mental condition rather than his physical that should be the main concern in granting gun ownership.
    I wish the man every success in his hunting.

  59. 59 Buddha Is Laughing 1, November 12, 2009 at 7:12 am

    “Is it me or do you hear a squeaky wheel?” – Bambi’s Mom in Bambi (The Director’s Cut – UNRATED)

  60. 60 Byron 1, November 12, 2009 at 8:34 am

    Puzzling:

    I have only watched Beck a couple of times, but I have seen a guy by the name of Harry Binswanger on once or twice and he appears to be very civil liberties oriented and he is a free marketeer to boot.

    One of the reasons I like this blog is that most people seem to be very careful with civil liberties.

  61. 61 Byron 1, November 12, 2009 at 8:36 am

    BobEsq:

    if he is out in the woods and sneezes and no one hears him did he still sneeze?

    WWKD?

  62. 62 Former Federal LEO 1, November 12, 2009 at 1:32 pm

    “what’s next? voice activated guns?”
    _________________________________

    Congress has already perfected that weaponry–they have been shooting their mouths off for over 2 centuries, since March 4, 1789…

  63. 63 Pete Moran 1, November 13, 2009 at 2:40 am

    Deer are well known as vicious killers, likely to invade the country at any moment. It’s your 2nd Amendment duty to arm yourself and be ready, quads too. Clearly a landmark addition to body of legal work in this area.

    Personally, I think you should all have concealed machine guns for hunting in the USofA.

  64. 64 Gyges 1, November 13, 2009 at 11:51 am

    FFLEO,

    Bravo!

  65. 65 Buddha Is Laughing 1, November 13, 2009 at 12:01 pm

    FFLEO,

    That was truly a stealth attack. Nice job. Very accurate.

  66. 66 Byron 1, November 13, 2009 at 12:07 pm

    Pete Moran:

    an automatic weapon plays hell on the meat.

  67. 67 Former Federal LEO 1, November 13, 2009 at 5:16 pm

    Byron,

    Does your avatar illustrate a Sheeple? If not, what the heck is it?

  68. 68 Elaine M. 1, November 13, 2009 at 6:35 pm

    FF LEO–

    The avatar? Why, that’s wild and woolly Ram Rod, armed and dangerous–and ready to go into battle for Bachmann. Rod’s off to Eweruguay for the Sheepshooters competiton.

  69. 69 Former Federal LEO 1, November 14, 2009 at 11:39 am

    Ms. EM’

    You are not only a poet who know’s it and a wordsmith; you are a play-on-words’er of the highest caliber…or is that calibre…

  70. 70 Elaine M. 1, November 14, 2009 at 12:27 pm

    FF LEO–

    It’s caliber if you’re American…calibre if you’re British–and calibrrrr when you’re hunting in the Arctic Regions.

  71. 71 too funny 1, December 2, 2009 at 4:24 pm

    Funny how no where does it mention that this guy is a drunk. Anyone who has ever been to a bar in Manville has watched him drive his chair into crowds of people.


Leave a Reply

Fill in your details below or click an icon to log in:

Gravatar
WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Connecting to %s




Enter your email address to follow this blog and receive notifications of new posts by email.

Turley Tweets

Click here to follow the blog on Twitter.

SELECTED AS TOP LEGAL OPINION BLOG (2011)

SELECTED AS TOP LEGAL THEORY AND LAW PROFESSOR BLOG (2008)

blawg100_2008_winner9349c7

Winner — Top Opinion Writer By Aspen Institute and The Week Magazine for Best Single-Issue Advocacy (Civil Liberties)

Categories

Archives


Follow

Get every new post delivered to your Inbox.

Join 598 other followers