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Free Plaxico Buress (NYCs Gun Law is Unconstitutional)
The Wall Street Journal ^ | December 4, 2008 | David B. Kopel

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 ...


TOPICS: Culture/Society; Front Page News; News/Current Events; Philosophy; US: New York
KEYWORDS: banglist; gunban; newyork; plaxicoburess; rapeofliberty; secondamendment; shallnotbeinfringed
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To: Durus

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.


101 posted on 12/04/2008 7:45:10 AM PST by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: St. Louis Conservative


Plax, invest in side arm safety classes. You have the $ and now you have the time.
102 posted on 12/04/2008 7:45:39 AM PST by egannacht
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To: dashing doofus; Soliton

I suspect that had this been Manning or Rothlesburger who had an AD at home that Soliton’s tone would be different.


103 posted on 12/04/2008 7:45:58 AM PST by Eagle Eye (Libs- If you don't have to play the rules then neither do we...THINK ABOUT IT!)
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To: PurpleMan

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.


104 posted on 12/04/2008 7:45:59 AM PST by therut
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To: hoosierham

Very well stated.


105 posted on 12/04/2008 7:48:13 AM PST by Durus (The People have abdicated our duties and anxiously hopes for just two things, "Bread and Circuses")
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To: Emperor Palpatine

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.


106 posted on 12/04/2008 7:50:04 AM PST by Rennes Templar (The Messiah and the Religion of Fleece)
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To: Eagle Eye
I'll leave it to you guys to try to correct Soliton's interpretations of 2A. You're doing a fine job of it. ;-)

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.

107 posted on 12/04/2008 7:50:04 AM PST by dashing doofus (Those who are too smart to engage in politics are punished by being governed by those who are dumber)
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To: Soliton

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.


108 posted on 12/04/2008 7:50:15 AM PST by therut
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To: Soliton

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.


109 posted on 12/04/2008 7:54:51 AM PST by therut
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To: Soliton

You sound exactly like robertpaulsen did.


110 posted on 12/04/2008 7:57:40 AM PST by Ranger45
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To: HamiltonJay

He should be tried for discharging in city limits and reckless endangerment, that’s it really. Possession should not be a crime anwhere.


111 posted on 12/04/2008 7:57:41 AM PST by Ranger45
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To: popdonnelly

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.


112 posted on 12/04/2008 7:57:42 AM PST by QuietAB
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To: QuietAB

See mine at 103.


113 posted on 12/04/2008 8:01:27 AM PST by Eagle Eye (Libs- If you don't have to play the rules then neither do we...THINK ABOUT IT!)
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To: St. Louis Conservative

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.


114 posted on 12/04/2008 8:18:02 AM PST by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: ExTxMarine
However, simply being arrested for having a gun without a permit is WRONG!

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.

115 posted on 12/04/2008 8:24:37 AM PST by E=MC2
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To: Soliton
He broke the law. He knew he was breaking the law. He had other options.

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

116 posted on 12/04/2008 9:07:30 AM PST by Eagle Eye (Libs- If you don't have to play the rules then neither do we...THINK ABOUT IT!)
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To: therut

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.


117 posted on 12/04/2008 9:11:23 AM PST by Enchante (Countless Innocents in Mumbai, India Suffer the "Religion of Peace" in Action)
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To: St. Louis Conservative; neverdem
Wait? What is this? FINALLY somebody says a NYC firearms law is unconstitutional?
Somebody give me a bag, I'm hyperventilating.
118 posted on 12/04/2008 9:14:35 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: E=MC2

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!


119 posted on 12/04/2008 9:15:26 AM PST by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: Eagle Eye
I suspect that had this been Manning or Rothlesburger who had an AD at home that Soliton’s tone would be different.

You suspect wrong

120 posted on 12/04/2008 9:15:58 AM PST by Soliton (This 2 shall pass)
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