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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: Eagle Eye
Nothing says that keeping and bearing arms as a fashion accessory is to be infinged.

The second amendment says why you should be able to carry arms as well as that the right shouldn't be infringed. It is a personal right that brings personal responsibility. He blew it and he should pay just like anyone else.

121 posted on 12/04/2008 9:19:12 AM PST by Soliton (This 2 shall pass)
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To: Soliton

Yeah, I know....some of your best friends are wide receivers, right?


122 posted on 12/04/2008 9:19:47 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: 70th Division

They’re not too difficult.

http://en.wikipedia.org/wiki/Sullivan_Act#Notable_New_York_City_license_holders


123 posted on 12/04/2008 9:21:05 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Soliton

No doubt the man has screwed up. He shot himself in the leg and ruined his career.

Just intersting to see you argue strongly for gun control while most of the rest of us argue for Constitutional freedoms.


124 posted on 12/04/2008 9:23:22 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: ExTxMarine
Possessing a gun is NOT a crime!

Tell that to the NYC judge ...

125 posted on 12/04/2008 9:23:55 AM PST by E=MC2
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To: Ranger45

“You sound exactly like robertpaulsen did.”

Bingo!

Funny how people who do not understand the Constitution are often the most vocal in their misperceptions.


126 posted on 12/04/2008 9:24:55 AM PST by KeyesPlease
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To: Long Island Pete
I am sure he could have gotten a carry permit if he at least tried.

What other Constitutionally protected Right requires a permit before exercising? Or requires you to prove you are not a criminal via paperwork that violates two other Amendments?

127 posted on 12/04/2008 9:25:26 AM PST by Dead Corpse (What would a free man do?)
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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.

Were you out of the country when R had his motorcycle accident?

128 posted on 12/04/2008 9:25:32 AM PST by E=MC2
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To: Dead Corpse
What other Constitutionally protected Right requires a permit before exercising?

Running your on business requires a permit.

129 posted on 12/04/2008 9:27:01 AM PST by E=MC2
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To: therut
I hope something like this happens to you and we can mock your rights.

If I did what he did, I would expect to go to jail. No one would know because I don't catch footballs and I do not carry tens of thousands in cash so I can "make it rain" at a strip club.

I am a family man with a gun collection and a concealed carry permit. I also understand the constitution. The second amendment is conditional. The extent of the implied conditions have never been fully tested. Someday soon, we may be able to carry in NYC legally. It is illegal now.

When it is, I hope that they require idiots like Plaxifool to learn what a safety is and why it is important before they are allowed to own a gun. I carry legally all the time and am in no danger of shooting myself.

130 posted on 12/04/2008 9:28:28 AM PST by Soliton (This 2 shall pass)
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To: dashing doofus

Celebs pi$$ so many people off with their Leftist views they need a weapon for protection . Funny thing is most of them are against the Second Amendment and use the saying “Do as I say and not as I do !”


131 posted on 12/04/2008 9:28:54 AM PST by Renegade (You go tell my buddies)
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To: 70th Division

If somebody could get him arrested, I’ll be one of those to tar and feather him before he leaves. He’s breaking the law with impunity.


132 posted on 12/04/2008 9:29:39 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: E=MC2
Sorry, not covered by the BoR and wholly subject to State laws.

Try again...

133 posted on 12/04/2008 9:30:40 AM PST by Dead Corpse (What would a free man do?)
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To: Eagle Eye
Just intersting to see you argue strongly for gun control while most of the rest of us argue for Constitutional freedoms.

I am against most gun control. I just think it is stupid to ignore existing law rather than fighting them. If you break existing law, you should pay the existing penalty. I don't believe our tax code is constitutional, but if I didn't pay, I would expect to go to jail.

134 posted on 12/04/2008 9:31:59 AM PST by Soliton (This 2 shall pass)
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To: wastedyears

ya a Doxen people out of how many million. All had enough money to buy somebody.


135 posted on 12/04/2008 9:32:20 AM PST by 70th Division (I love my country but fear my government!)
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To: Dead Corpse
Sorry, not covered by the BoR and wholly subject to State laws. Try again...

There is more to the constitution than just the BoR's. Please do some research on constitutional law.

136 posted on 12/04/2008 9:33:34 AM PST by E=MC2
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To: Soliton
I also understand the constitution.

With every post of yours on this thread, you refute this statement.

Individual arms kept for individual self defense and for militia use should they be required, in no way imparts a government power to require a license to carry.

Rights are protected not given in the Constitution. Further, explicit limits are placed on government power. Requiring a license to exercise RKBA violates the 2nd, the 10th, the 4th, the 5th, and Art 6 Para 2.

137 posted on 12/04/2008 9:34:20 AM PST by Dead Corpse (What would a free man do?)
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To: wastedyears

You got that right. You could sell a lot of tickets to that event.


138 posted on 12/04/2008 9:34:23 AM PST by 70th Division (I love my country but fear my government!)
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To: E=MC2
Please do some research on constitutional law.

Back at you sparky... Exactly where is it that the power to grant business license's was given to the FedGov... Further, where is the Right to Run a Business?

That is a State matter.

For the record, due to Federal "commerce clause" abuse, I would fully support another Amendment establishing a "separation of State and Economy".

Any other Bigger Government/anti-Rights arguments you'd care to make?

139 posted on 12/04/2008 9:37:09 AM PST by Dead Corpse (What would a free man do?)
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To: Eagle Eye
Yeah, I know....some of your best friends are wide receivers, right?

Oh, I get it, I'm a racist? No, I am sick of Plaxico. He is a problem. He has already been suspended this season, fined by the league, and allegedly fined 40 or 50 times by the team. He doesn't work hard and has a sense of entitlement. He has probably gotten away with so many things that he is shocked that he is being held accountable now. I love Heinz Ward and Troy Polamolu because they have class. Plaxifool is poison like Pacman

140 posted on 12/04/2008 9:42:16 AM PST by Soliton (This 2 shall pass)
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