[blindLaw] Firearms and the Blind?

[Al Elia]

That would be true under the 14th Amendment, but I’d bring it as an ADA Title II case. Under the T2 regs, a  public entity may not  “administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor … establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability.” 28 C.F.R. § 130(b)(6). I would argue that a gun licensing program that excludes blind people violates that prohibition, and leave the constitutional arguments as a weak backup. I suspect there is actually a history and tradition of denying blind people the right to bear arms, given the history and tradition of denying blind people all sorts of rights.



On 10 Jul 2023, at 20:56, James Fetter wrote:

> As far as I know, distinctions based on disability are subject to rational basis review, whereas distinctions based on race are subject to strict scrutiny and those based on gender are subject to intermediate scrutiny. So, while every other group has a practically unfettered right to bear arms, we most likely do not. Though this has no effect on me personally, it doesn’t thrill me from a philosophical standpoint.
>
> Sent from my iPhone
>
>> On Jul 10, 2023, at 8:25 PM, Ronza Othman via BlindLaw <blindlaw at nfbnet.org> wrote:
>>
>> Suggest you reach out to Dick Davis who has a particular interest in this area and also takes blind people out and teaches them gun safety and how to shoot. He is in Minnesota now, but he previously lived in I believe Iowa New Mexico and some others.
>>
>> Ronza Othman, President
>> National Federation of the Blind of Maryland
>> 443-426-4110
>> Sent from my iPhone
>>
>>> On Jul 10, 2023, at 3:20 PM, Tim Elder via BlindLaw <blindlaw at nfbnet.org> wrote:
>>>
>>> Without commenting on the politics of gun control, I do think there is a
>>> case to be made for some states that impose restrictions on the basis of
>>> vision.  It would be an interesting trial.
>>>
>>>
>>> -----Original Message-----
>>> From: Teresita Rios <teresitarios22 at gmail.com>
>>> Sent: Saturday, July 8, 2023 11:43 AM
>>> To: Blind Law Mailing List <blindlaw at nfbnet.org>
>>> Subject: Re: [blindLaw] Firearms and the Blind?
>>>
>>> That is a good idea question. I am also looking for some information on
>>> blind gun handling.
>>>
>>> With much gratitude,
>>> Teresita Rios
>>>
>>>
>>>>> On Jul 8, 2023, at 12:10 PM, Seif-Eldeen Saqallah via BlindLaw
>>>> <blindlaw at nfbnet.org> wrote:
>>>>
>>>> Saqallah
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> BlindLaw mailing list
>>> BlindLaw at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for BlindLaw:
>>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/rothmanjd%40gmail.com
>>
>> _______________________________________________
>> BlindLaw mailing list
>> BlindLaw at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info for BlindLaw:
>> http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/jtfetter%40yahoo.com