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Discussion Starter · #1 · (Edited)
I sought and failed to find the PROPER place to post in this forum for that I apologize.

I am a newbie to posting... but have an idea and need the help of people on this board/forum to develop a thought. The thought is to turn restrictions into permissions using existing federal law and court decisions related to ADA as leverage to invalidate all laws which restrict the construction of a weapon and dealing with the use as a second concept.

I know I am preaching to the choir so bear with me. If the right to possess and bear arms is a United States government granted constitutional right when you are born then that right is granted to all citizens of every state. With a multitude of more restrictive laws in individual states a citizen is a felon in one state and an honest citizen in another. The right to vote is a very important “control”and state and federal government have used this as their control since the beginning and resulted in the Voting Rights Act of 1965.
QUOTE:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

CLEARLY (that's my only shout out) constitutional rights are not subject to State modification or as is the case the Supreme Court needs the political will to clear up the definition of infringe.

In the present we have some critical problems which can be overcome provided gun owners insist that there be some changes as to the approach.

I speak as someone who had 43 years dealing with appointed officials responding to elected officials who will do anything... legal or illegal to maintain their authority (power) or to get elected.

It is not the right to point a weapon at a citizen but the decision to exercise that right (bear) is a permission granted. A law can not be written in a manner which disallows the right reach out an hold a weapon as that law prevents bear(ing) but such laws exist and we either work around them (risky) or accept defeat.

All of my gun containers have a warning of radioactivity... as such if opened by an official, without a search warrant, places me in an defensible situation and defeats prosecution. I ordered a bunch and will give what I have left for free. Its one small step for me but what I about to suggest is one huge leap for mankind but if you think I am a space cadet say such as your opinion has as much value as my opinion.

Lets start by embarrassing the elected... YES we can!
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What follows will be of personal assistance to you as an individual...
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over time


If you are reading this I want you to take some time and send a letter to an elected official and a letter to the NRA. I am an NRA member and have asked NRA to address ADA. Thus far no response except an email suggesting that members not support those groups who are not adequtely funded to defend the second amendment and asking for a donation.

Ask the elected official if he or she supports The American with Disabilities act Section Sec. 12103 C) which states that a disabled person may modify devices to allow full participation in life's activaties.

In summary it and other sections state that a person with a disability can modify DEVICES (weapon) in a manner which allows them the same ability as to be equal to a non disabled person

The US Congress stated: (7) “The Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation and independent living”.

In 2008, effective January 1, 2009, the ADA broadened the interpretations and added ADMINISTRATIVELY (no congressional action) to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working"

Examples would be: A person with one arm could have a friend load several magazines of to 40 rounds. A person who has a disability which makes holding the rifle difficult would be allowed a forward grip and/or a pistol grip. A person who has Hyperacusis a sensitivity to loud noises would be prescribed a suppressor. Arthritis in ones hands... would require assistance loading a magazine... thus 40 rounds would be appropriate. Bump stock? Could help fire the gun. Semi-Automatic is AUTOMATIC if you have a weak finger as trigger finger and trigger thumb (real medical conditions) in which a person finds it hard to bend or straighten the finger or thumb. . Photophobia is an abnormal sensitivity to artificial or natural light thus could demand a flare suppressor. Chronic fatigue syndrome (CFS) are highly variable and fluctuate in severity, complicating treatment and diagnosis even back problems qualify.

Neither ADA nor the regulations that implement it list all the diseases or conditions that are covered, because it would be impossible to provide a comprehensive list, given the variety of possible impairments thus if you can name it … it is a disability and you need only one disability with or without a doctors note



Every person Young and Old has some small or large disability but if you think you have a disability and can express your thought no state may write a law which interferes with your thinking (right or wrong) as that interferes with the Americans with Disabilities Act. Any affliction counts including a sore arm which is temporary in nature provided under the ADA, the definition of “disability” is to “construed in favor of broad coverage of individuals". If not then a sore arm would not count but Carpel Tunnel Syndrome would as over time the insulation on the nerves may wear away, and permanent nerve damage may develop.
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I ask you to add to my list of possible disabilities.

The idea is to get the elected to state that people with disabilities must be accommodated on the basis that ADA is nationwide and an individual state may make no law which INFRINGES on ADA or the second amendment.

Once that is in effect the phase two (THE CLEAN UP MODE) begins by addressing the fact that if X (examp: forward grip) is not dangerous to society in the possession of some people... why is it dangerous to society if possessed by all.

The very worst that could happen (which is really great) is that ADA will be enforced. As such ANYONE and EVERYONE when faced with a felony will claim a disability. Essentially all gun laws related to possession and use become mired in the mud.

By no means am I suggesting that every human being be allowed possession. That, however, is a separate very complex discussion which I do not want to enter into

write a letter... keep it simple... no gun rights rants

Do you support the American with Disabilities act Section Sec. 12103 C) which states that a disabled person may modify devices (weapons) to allow full participation in life's activities.

Are there any state laws which would prevent a person with a disability from modifying a weapon to allow full participation as required by Section 12103(C) of the ADA.

Inform the attorney general of your state and the United States that you have a disability and need an ADMINISTRATIVE exception pursuant to section 12103(C) of ADA. You are now on record as to your rights under ADA even if no exception is granted.

Ask for a reply.


]This is my first post and I am posting this nationwide in the hope that those who have an interest take an interest and contact a local congressperson or senator or me at
[email protected].


Keep in mind that what you say will be overheard by the NSA so speak softly. I object to their spying but do not fear them. Lets share our smarts.

As a start I would like to have 20 people with a disability from California and New York contact me. I will petition on their behalf the Attorney Generals of each state and the United States Department of Justice, Civil Rights Division
 

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I just found this post, try re posting this on "Off - Topic Forum".

Welcome to Bersa Pistol Forum. Glad to have you on board.
 
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