Posted on 12/04/2008 5:34:20 AM PST by St. Louis Conservative
New York Giants star receiver Plaxico Burress is facing a mandatory 3½ years in prison and the end of his football career. His crime? Not having a license, which New York City never would have issued him, for the exercise of his constitutional right to bear arms.
Plaxico Burress is led to his arraignment in Manhattan. To be sure, Mr. Burress got caught because of what appears to have been stupid and irresponsible behavior connected with the handgun. But he does not face prison for shooting himself. His impending mandatory sentence highlights the unfairness and unconstitutionality of New York City's draconian gun laws.
Mr. Burress had previously had a handgun carry permit issued by Florida, for which he was required to pass a fingerprint-based background check. As a player for the Giants, he moved to Totowa, N.J., where he kept a Glock pistol. And last Friday night, he reportedly went to the Latin Quarter nightclub in midtown Manhattan carrying the loaded gun in his sweatpants. Because New York state permits to possess or carry handguns are not issued to nonresidents, Mr. Burress could not apply for a New York City permit.
At the nightclub, the handgun accidentally discharged, shooting Mr. Burress in the right thigh. He was not seriously injured, but he has been charged with criminal possession of a weapon in the second degree.
(Excerpt) Read more at online.wsj.com ...
The second amendment is clear to those with reading comprehension and no anti-freedom bias.
In the language of the 1780s it recognizes the fact that people restricted from arms cannot form a miltia or defend anything.There is no mention of hunting,sports,or recreational limits.The most important phrase”SHALL NOT BE INFRINGED” means just that.The later amendments specifying that the states may not deny any person his rights obviously
does not exclude the second amendment.
It is in defending the rights of people you don’t like that your true feelings about those rights are revealed;if rights are only for those you approve of,then it is not rights but privileges that you support.
I suspect that had this been Manning or Rothlesburger who had an AD at home that Soliton’s tone would be different.
Oh please. He is using a high profile cause to state a truth. The law is unconstitutional. This happens all the time. It is the way you get people to look at an issue. I agree with Kopel.
Very well stated.
Ok thanks. Sounds more like it should be called “law nullification”! Be interesting to know how often this is used and how successful it is.
BTW, I am a lifelong NY Giants Footballl fan, and am happy that this idiot, who IMO now has forfeited his Constitiutional Second Amendment right, has played his last game as a Giant. Let the Bengals or Cowboys deal with this fool.
He broke an unconstitutional law. How do you think constitutional cases gets to the USSC lot of times. You go sit on the back of the bus. I hope something like this happens to you and we can mock your rights.
Wrong. I have no idea who the guy is. Never heard of him before. I definately do not watch sports. I do however believe in the Constitution and all citizens have rights even dumb football players.
You sound exactly like robertpaulsen did.
He should be tried for discharging in city limits and reckless endangerment, that’s it really. Possession should not be a crime anwhere.
I am somewhat disturbed by some of the borderline racist comments on this subject. Now don’t get me wrong, I’m not calling some of you racists or bigots, I think Plaxico was wrong either way this situation turns out. I just think not all situations where a black athlete “thug” type carries a gun is automaticially assumed to be asking for trouble.
See mine at 103.
Being a Dallas Cowboys fan, I usually don’t care what happens to any other NFC East-team players - BUT this time I am worried!
My concern is NOT for Plaxico; I am worried about the 2nd Amendment. Requiring a permit to own a gun - and it is required to even OWN a gun - is unconstitutional! Period! Obviously, he had a concealed gun and that is totally different.
I don’t have a problem with him getting into trouble for taking a gun into a bar where tension, alcohol, stupidity and so many other things combine into what is usually a volatile situation. However, simply being arrested for having a gun without a permit is WRONG!
That is my worry.
The fact is he was not 'simply arrested' for having a gun without a permit. He shot himself in a night club and everyone tried to cover it up violating several laws other than carrying a concealed weapon.
I'll bet you loved this story and unlike the rest of us found the trooper beyond reproach:
http://www.freerepublic.com/focus/f-chat/2142771/posts
Point well taken, but the bus example has it backwards — it was the REFUSAL to go sit in the back of the bus that made Rosa Parks a civil rights icon, since the rule on those Montgomery buses was to force blacks to sit in the back of the bus. Rosa Parks sat in the front of the bus and refused to move, in order to challenge that rule.
Then please let me re-phrase that sentence.
Being CHARGED with gun possession because of this law is WRONG. He should have been charged with reckless endangerment or illegally discharging a weapon in city limits or something along those lines.
Possessing a gun is NOT a crime!
You suspect wrong
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