North Dakota disabled may lose right to carry

[ericire12]

http://www.grandforksherald.com/event/article/id/131351/group/Opinion/

GRAND FORKS — I’ve been a North Dakota concealed weapons test administrator for a lot of years, as well as a National Rifle Association-certified pistol instructor. But with the recent changes made by the North Dakota Legislature, I may be weeded out soon.

Concealed weapons permit instructors in North Dakota now are required to attend a training course in Bismarck consisting of classroom, a written exam and a shooting qualification at a range. The classroom and exam wouldn’t be any problem for me. The fact that they require kneeling to shoot is the problem. I was told that they would not make any allowances for physical disabilities. (I suffer from arthritis and various injuries, so getting down to kneel is a problem for me in recent years.)

So, I was not in Bismarck for the training this week.

According to what I was told, the test administrators who attended the course can administer both the new Class I permit training and testing and the Class II (written test only). The instructors who did not attend could still do what is now known as the Class II permits (supposedly fewer states with reciprocity than the Class I).

I got an e-mail from one of the instructors who is at the training seminar and a phone call from another. By the sound of things, come Jan. 1 , all instructors not at the seminar no longer will be able to administer the state concealed weapons permit testing.

I also was told by these instructors that they had been told to prohibit from passing the training course anyone who can’t pass the shooting qualification, which includes shooting from the kneeling position.

In essence: If you are disabled, you no longer can get a concealed weapons permit in North Dakota.

I believe that the elderly and the disabled also are citizens and have a right to protect themselves.

North Dakota is supposed to be a “shall issue” state. That means if you have not been convicted of a violent felony, are not addicted to drugs and alcohol and so on, you must be issued a permit.

Apparently, if you are in a wheelchair, you are unable to properly operate a firearm and therefore cannot get a legal means to self-protection.

Neal Martin

[Hazcat]

More laws with unintended (?) consequences.

[Pathfinder]

I just posted this comment:

"Pathfinder X. Fargo, ND     08/28/2009 10:54 AM
Everyone is missing the point. This is not a law, this is some sort of internal state restriction. The law does not state that the CCW instructor must kneel, someone somewhere in that Tower in Bismarck thought that one up, maybe even copied it without thinking from some other state's rules.

In case folks who have commented haven't looked at it lately, here is the first paragraph of the first Section of the firts Articles of the ND State Constitution. Any rule that violates this is illegal.

ARTICLE I
DECLARATION OF RIGHTS
Section 1. All individuals are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

The last part says it all. The CCW rule is invalid, but of course our "Masters" in Bismarck make us prove it to them at our expense, and our tax dollars used to defend their illegal actions."

[shooter32]

I just posted this comment:

"Pathfinder X. Fargo, ND     08/28/2009 10:54 AM
Everyone is missing the point. This is not a law, this is some sort of internal state restriction. The law does not state that the CCW instructor must kneel, someone somewhere in that Tower in Bismarck thought that one up, maybe even copied it without thinking from some other state's rules.

In case folks who have commented haven't looked at it lately, here is the first paragraph of the first Section of the firts Articles of the ND State Constitution. Any rule that violates this is illegal.

ARTICLE I
DECLARATION OF RIGHTS
Section 1. All individuals are by nature equally free and independent and have certain
inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

The last part says it all. The CCW rule is invalid, but of course our "Masters" in Bismarck make us prove it to them at our expense, and our tax dollars used to defend their illegal actions."

Well said Path!!!!

[WatchManUSA]

It sounds like you have the opportunity to use the system against them.  Try exploring using Title III of the Americans with Disabilities Act (ADA).  Title III covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices.

If you have it in writing that they will not make allowances for your "disability" then you may be able to file an ADA complaint against the “man.”

[Sponsor]

[blackwolfe]

Thanks Watchman, I was going to suggest the ADA also.

[CJS3]

ADA violation + fresh-out-of-law-school grad = money in your pocket. It doesn't take a rocket scientist to see the stupidity-in-government on display here.