Disabled man wins the right to bear arms

After suffering a severe head in jury in a car crash and awakening from a coma, Charles Breitweiser developed a greater joy for life.

He started spending time outdoors and, over many years, realized activities such as camping and fishing helped him build strength to compensate for the debilitating paralysis to the left side of his body.

Eventually, friends introduced him to target shooting and, he says, he became so proficient that he began to believe he could actually learn to be a licensed hunter.

But when the 44-year-old East Brunswick man applied for a firearms identification card and a permit to purchase a shotgun about a year ago, township police turned him down, concerned that his limited motor skills posed a safety threat to himself and others.

Now a judge in Middlesex County has disagreed, ruling police violated the state's anti-discrimina tion laws when they rejected Breit weiser's application.

"I kind of knew he was going to rule in my favor," Breitweiser said. "I convinced the judge that I am safe with a gun."

Breitweiser, who works in the billing department of a health insurance company, won't be going hunting anytime soon. The judge stayed the decision after prosecutors said they will appeal.

Prosecutors, who denied any discrimination, said they still fear Breitweiser could lose his balance, fall and hurt somebody -- or him self. He has difficulty walking, limited peripheral vision and cannot use both hands to hold a shot gun, police say.

"We have concern for his safety, and we are concerned for the safety of anybody around him," Assistant Middlesex County Prosecutor Cindy Glaser said yesterday. "There are a number of people throughout the state who have handicaps and are safe with firearms, but we believe that his particular combination of handicaps made him unsafe to handle firearms."

In an eight-page written opinion handed down March 22, Superior Court Judge Edward Ryan disagreed, asserting that as long as Breitweiser is with other experienced shooters when he goes hunting, uses proper safety equipment, and completes the gun safety and licensing process for hunters, there's no reason he can't have a permit to buy rifles or shotguns.

During a two-day hearing before the judge in January, "the police officers made much of the possibility that Breitweiser might fall and ac cidentally discharge his shotgun," Ryan wrote. "However ... Breit weiser testified that as a safety precaution and as a condition placed on his firearms license, he would al ways go hunting with a companion and never walk with a loaded gun."

An Edison group that teaches the disabled how to live independently hailed the judge's decision.

"People with disabilities have a right to the same kind of hobbies as everyone else, so long as they're good at it," said Ethan Ellis, head of the Alliance for Disabled in Action Inc.

"Very often, when they master a skill, it confounds people who haven't gone through that experience, particularly people in authority, like policemen, who substitute their own experience for the disabled person and then come to the wrong conclusion," Ellis said.

Statistics were not available yesterday on how many people with disabilities use guns, but the National Rifle Association says there is enough of a demand that the sportsmen's group initiated a special safety program for the disabled.

"The National Rifle Association believes that with education, training and appropriate devices, the shooting sports are perfectly safe for individuals with physical disabilities," Autumn Fogg, an NRA spokeswoman, said.

Glaser, the prosecuting attor ney, defended the decision by East Brunswick officers to deny the ap plication. All are experienced with weapons and "made a very detailed and well-reasoned decision," she said.

During the hearing, the officers testified Breitweiser has limited vision, walks with a limp and displayed "jerky motions," that bring safety into question, according to court records.

Breitweiser said he was thrilled by the judge's decision and promises that when he gets licensed, he will let his friends carry his shotgun and will use a bipod to hold the weapon before firing with his right hand. He also will use a special sighting lens to help spot his tar get, he said.

Battling to overcome his disabilities has been practically a lifetime struggle for the sportsman.

He was 17 years old when he lost control of his car because of a mechanical problem and slammed into a tree in Sayreville, he said.

After awakening from the coma six months later, he faced years of rehabilitation and has never re gained full use of his left arm and left leg. His left hand is tightly balled, according to police, and his speech is still slurred.

It was during his years of recovery, he said, that he learned about camping and fishing, and now boasts that he can stand deep in the Delaware River and cast a line with ease.

"Everyone recommended me not to do these things. They were too dangerous for me," Breitweiser recalled. "That made me say, 'Oh yeah? I'll show you.' And I'll do it anyway. I'm the kind of person that can't be told 'no.'"