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Gunreference1
08-13-2010, 09:52 AM
Court debate: Should blind Rockaway Township, NJ, man be permitted to keep his guns?

By Peggy Wright • Staff writer • August 12, 2010

Authorities are either trying to protect the public from a blind Rockaway Township man's shoddy gun storage methods or are eager to take away his constitutional right to own firearms, according to court arguments Thursday.

Morris County Assistant Prosecutor Joseph D'Onofrio appeared before a Superior Court judge in Morristown asking to revoke Steven Hopler's firearms identification cards that allow him to own guns, and to take away about 16 of his firearms.

With Hopler, 47, seated beside him, attorney Gregg Trautmann argued against the action, calling it a long-term battle waged by police to deprive Hopler of his Second Amendment right under the U.S. Constitution.

D'Onofrio retorted: ''Some vast conspiracy here sounds good, sounds sexy. That certainly doesn't exist here.''

Judge Thomas V. Manahan said he would make his decision Aug. 19, but he voiced concerns about Hopler's habit of leaving multiple loaded guns around his home, including tucked into an oven mitt, in holsters in his bedroom, on bookcases and under seat cushions.

''Most fair-minded persons viewing the photographs of how the weapons were stored might even shudder...thinking of the propensity for danger,'' Manahan said.

The issue of whether Hopler should be allowed to purchase and keep his current guns started after he accidentally shot himself in the shin on Oct. 7, 2008 while cleaning a gun at home.

Manahan stressed that he would not consider Hopler's blindness as a factor in the case since Hopler won permission in 1994 from then-state Superior Court Assignment Judge Reginald Stanton to buy firearms and shoot them under strict conditions.

After Hopler shot himself, responding police observed multiple firearms in unsecured locations around his home, including on the floor and on bookcases. They took custody of about 12 weapons at that time.

While hospitalized for the gunshot, a tenant of Hopler's who lived in half his duplex broke into his home and stole 12 handguns and two shotguns. Some of those guns were retrieved from the street by investigators and one was used by a Passaic County resident to commit suicide.

Trautmann argued that there are no laws, only suggestions and guidelines, on how guns should be stored in a private home. The judge agreed with Trautmann that he couldn't hold the burglary against Hopler, the victim of a theft while he was away from home.

Even though the judge said that Hopler's blindness wasn't a factor in his consideration, Trautmann said his client keeps multiple guns in handy locations because he wouldn't be able to run from room to room to find one if an intruder came in or his life was threatened.

D'Onofrio said the office believes that Hopler poses a risk to the public safety and welfare by his lax storage methods and he said police had the right to be concerned when they saw firearms scattered in the home. While being interviewed about the theft, Hopler pulled a gun from under a seat cushion and tried to load it in front of police who ordered him to stop, D'Onofrio said.

''Are they supposed to ignore the fact he shoots himself and has guns strewn around the house?'' D'Onofrio said.

The judge said he wants to consider a few issues before deciding the case, including the outcome of a situation in 2003 in which Hopler was intoxicated and police were called when he became unruly at a bar.

http://www.dailyrecord.com/article/20100812/UPDATES01/100812032/1005/NEWS01/Court+debate++Should+blind+Morris+County+man+be+pe rmitted+to+keep+his+guns

Steve

Gunreference1
08-13-2010, 09:57 AM
Prosecutor: No guns for blind man

August 13, 2010

MORRISTOWN, N.J. (AP) — New Jersey prosecutors say a blind man should not have the right to bear arms because he doesn't safely store his guns.

But Steven Hopler's lawyer argued in court in Morris County Thursday that there are no laws on how guns should be stored in private homes.

A court in 1994 allowed Hopler to purchase firearms and shoot them under strict conditions.

Prosecutors argued Hopler keeps the weapons in an unsafe manner throughout his home and shot himself while cleaning a gun in 2008.

The judge raised concerns about Hopler's habit of leaving loaded guns around his home. But the judge noted the former truck driver lives alone and even police officers have shot themselves while cleaning weapons.

The judge expects to issue a ruling on Aug. 19.

http://www.lohud.com/article/20100813/NEWS/8130373/-1/newsfront/Prosecutor--No-guns-for-blind-man

Steve

AKTexas
08-13-2010, 10:02 AM
It is a sad day when a blind man can't even own firearms.

Discrimination knows no bounds.Doesn't this fall under the ADA?

edit:Where does it say that you must see to have the right to keep and bear arms?

L1A1Rocker
08-13-2010, 11:55 AM
I don't guess a blind person should be allowed printed books then.

Gunreference1
08-20-2010, 01:15 AM
Rockaway gun collector must store weapons in safe, pending evaluation of alcohol use

Published: Thursday, August 19, 2010, 11:18 AM
Updated: Thursday, August 19, 2010, 11:26 AM
Ben Horowitz/The Star-Ledger

ROCKAWAY TOWNSHIP — A Superior Court judge today ruled a blind gun collector from Rockaway Township who accidentally shot himself while cleaning a weapon could keep his collection.

Judge Thomas Manahan, sitting in Morristown, ruled that Steven Hopler may keep the six handguns he still has in his home, but he must store them in a safe pending an evaluation of his alcohol use.

Manahah also ordered Hopler, 47, to complete a course dealing with the maintenance and care of weapons. Under a 1994 order issued by former Judge Reginald Stanton, Hopler was allowed to fire his weapons if he was in the presence of an adult trained in the use of firearms.

Manahan denied Hopler’s attempt to get back the eight weapons that Rockaway Township police seized from his home on Jan. 31, 2009. Police found the guns while investigating a burglary that occurred at Hopler’s home while he was in the hospital after accidentally shooting himself while cleaning a weapon. Hopler’s tenant in the two-family home broke into his apartment with some accomplices and stole 12 handguns and two shotguns.

Manahan rejected a request by Morris County Assistant Prosecutor Joseph D’Onofrio to revoke Hopler’s firearms ID card, which would have meant he couldn’t possess any weapons.

D’Onofrio had sought to bar Hopler from owning weapons based on the Oct. 7, 2008 accidental shooting. D’Onofrio argued at a hearing Aug. 12 that Hopler, 47, had argued that Hopler stores his guns in an unsafe manner. Hopler kept weapons “unsecured throughout his house” and “negligently shot himself,” D’Onofrio argued.

Before issuing his ruling, Manahan said he had “more concerns” than he did on Aug. 12. Manahan said he had been made aware of a police report from a 2003 incident in a Rockaway Township bar, a report that Judge B. Theodore Bozonelis did not see at a hearing in 2004 when police sought unsuccessfully to deny Hopler a permit for a new handgun.

The report said Hopler had “a strong odor of alcohol and was extremely intoxicated” when he was ejected from the bar. Hopler pleaded guilty to a charge of disorderly person in that incident.

“My concern is whether Mr. Hopler uses alcohol,” Manahan said.

Hopler’s attorney, Gregg Trautmann, said he intends to keep fighting to get Hopler’s weapons back. “The state is continuing its 17-year vendetta against Mr. Hopler,” he said.

http://www.nj.com/news/index.ssf/2010/08/rockaway_gun_collector_must_st.html

Steve

Gunreference1
11-19-2011, 12:29 PM
Blind NJ Man Wants His Guns Back

Steven Hopler and his attorney went into a New Jersey courtroom with "guns blazing" Thursday. The blind man wants his firearms back

By Teresa Masterson (http://www.nbcphiladelphia.com/results/?keywords=%22Teresa+Masterson%22&author=y&sort=date) | Friday, Nov 18, 2011 | Updated 10:19 AM EST

A New Jersey prosecutor says that a blind man who accidentally shot himself in the shin in 2008 should not be allowed to own guns. The man, who went blind because of diabetes complications, is fighting to keep all of his 14 licensed handguns.

Now it’s up to a judge.

Steven Hopler, 48, and his attorney went into Thursday’s court hearing with guns blazing.

To read the rest of the story click the link below.

http://www.nbcphiladelphia.com/news/local/Blind-NJ-Man-Wants-His-Guns-Back-134116043.html

Steve

old Grump
11-19-2011, 05:02 PM
Time for the old boy to move out of New Jersey. He won't get justice in a state that assumes everybody not police, politically connected or rich should not be allowed to have a gun.

Gunreference1
11-26-2011, 08:46 AM
Blind Man in New Jersey Challenged Again on Guns

By PATRICK McGEEHAN
Published: November 25, 2011

ROCKAWAY, N.J. — Judging by what the authorities say about him, Steven Hopler has really been testing the limits of the Second Amendment.

Mr. Hopler, 49, who lives on a winding road here, is once again fighting for his right to keep and bear arms despite having been totally blind for most of his adult life. He has repeatedly persuaded judges to let him keep his collection of more than a dozen handguns, but doing so has been more complicated since 2008, when he was handling a .357 Magnum he owned and shot himself in the shin.

To read the rest of the story click the link below.

http://www.nytimes.com/2011/11/26/nyregion/blind-new-jersey-man-challenged-again-on-guns.html

Steve

Gunreference1
05-01-2012, 06:47 PM
Gun collector denies alcohol problem

12:01 AM, May. 1, 2012

Written by
Peggy Wright (pwright@njpressmedia.com)
@paw1961

A blind Rockaway Township man who is fighting to keep his gun collection defended himself Monday against allegations he abuses alcohol and said he drinks perhaps a six-pack of beer a week.

The Morris County Prosecutor’s Office wants Superior Court Judge Thomas V. Manahan in Morristown to take away 49-year-old Steven C. Hopler’s firearms purchase identification cards and end his ability to possess and buy weapons.

To read the rest of the story click the link below.

http://www.dailyrecord.com/article/20120430/NJNEWS/304300016/Gun-collector-denies-alcohol-problem?odyssey=tab|topnews|text|FRONTPAGE

Steve

Penguin
05-01-2012, 07:28 PM
Thanks for the update.

Gunreference1
05-12-2012, 06:58 AM
Judge rules blind Rockaway Twp. man can have guns despite concerns about drinking

5:19 PM, May. 11, 2012

Written by
Peggy Wright (pwright@njpressmedia.com)
@peggywrightdr

A judge today ruled that authorities must return all firearms they seized from a blind Rockaway Township man and that he can keep his firearms identification card.

Based upon beliefs and information that Steven Hopler, 49, abuses alcohol and poses a danger to others by being a gun-owner, the Morris County Prosecutor’s Office had sought orders from Superior Court Judge Thomas V. Manahan in Morristown to revoke Hopler’s firearms ID card and for forfeiture of all guns in his possession.

To read the rest of the story click the link below.

http://www.dailyrecord.com/article/20120511/NJNEWS/305110020/Judge-rules-blind-Rockaway-Twp-man-can-guns-despite-concerns-about-drinking?odyssey=nav%7Chead&nclick_check=1

Steve