updated 11/11/2009 11:16:35 AM ET 2009-11-11T16:16:35

A New Jersey judge says a quadriplegic blocked from buying a gun to go hunting has the right to bear arms even though he will have to use a wheelchair mount to use the firearm.

Manville's police chief had rejected James Cap's application last year, citing safety concerns. The borough attorney says the safety issues could only be resolved by a judge.

A judge ruled Tuesday that the 46-year-old is eligible for a firearms ID, which is required to buy a gun. The judge addressed the safety issues by requiring Cap to have qualified people assist him with weapons.

Cap was an avid hunter as a teenager. He was paralyzed 30 years ago after breaking his neck in a high school football game. He plans to mount the gun on his wheelchair and operate it with a breathing tube.

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