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
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