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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: Dead Corpse
Back at you sparky... Exactly where is it that the power to grant business license's was given to the FedGov...

How do you get to federal licenses. We were talking about local (city) permits.

141 posted on 12/04/2008 9:43:15 AM PST by E=MC2
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To: Soliton

Ok so not racist but seems then your view is definitely slanted by personal dislike.

I really don’t care what kind of jerk he may be, he has 2A rights (and responsibilities) just like the rest of us.

But you still haven’t answered my earlier question:

If guns are banned in your area and required to be turned in, are you going to comply?

Yes or no.


142 posted on 12/04/2008 9:46:23 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: E=MC2

What does a local permit have to due with a Constitutionally protected Right? If it didn’t fit, why did you bring it up? Do you honestly mean to sit there and say that a mere local law can over-ride a Constitutionally protected Right?


143 posted on 12/04/2008 9:46:50 AM PST by Dead Corpse (What would a free man do?)
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To: Eagle Eye
If they aren't up to protecting the Rights or the dregs of our society, then they really don't believe in protecting anyones Rights.

"Free for me but not for thee". Typical Nanny Stater mentality.

144 posted on 12/04/2008 9:48:08 AM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
"...of the dregs..."

sheesh... We need an edit function.

145 posted on 12/04/2008 9:48:44 AM PST by Dead Corpse (What would a free man do?)
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To: Eagle Eye

While the trooper may not be beyond reproach the husband/driver isn’t either. He’s had six speeding tickets in the past 20 years, not counting warnings and other driving infractions. No wonder the trooper thought the guy was lying.


146 posted on 12/04/2008 9:48:59 AM PST by ladyjane
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To: Dead Corpse
What does a local permit have to due with a Constitutionally protected Right? If it didn’t fit, why did you bring it up?

I didn't bring it up. I responded to another that was referring to the constitutionality of a local gun permit.

Do you honestly mean to sit there and say that a mere local law can over-ride a Constitutionally protected Right?

What are you smoking? I never posted anything of the sort.

147 posted on 12/04/2008 9:50:42 AM PST by E=MC2
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To: Dead Corpse
With every post of yours on this thread, you refute this statement.

I know. Your opinion means more than the law and we shouldn't obey laws that, in your opinion, are unconstitutional. Never mind that the Constitution provides a democratic remedy for amending itself. The second amendment was very poorly written. That is why people are still arguing over what it means. Why not push for an amendment that says "anybody can carry any gun anywhere for any reason"? There would then be no argument.

148 posted on 12/04/2008 9:50:50 AM PST by Soliton (This 2 shall pass)
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To: E=MC2
Were you out of the country when R had his motorcycle accident?

Nope.

He was one dum sumbich even though the accident may not have been (totally) his fault and anything less than a full face helmet would not have helped him.

He had and extremely powerful bike, was not a skilled rider....didn't even have a license! I seriously doubt he knew how to ride any bike safely let alone that one and strongly believe better skills on his part could have prevented the collision.

Now if you can make a case why that is pertinent to the 2A discussion I'll be glad to listen. or read.

149 posted on 12/04/2008 9:50:52 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: Dead Corpse

EXACTLY!

They forget that parts of the Bill of Rights are designed for the accused AND convicted!


150 posted on 12/04/2008 9:53:43 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: Eagle Eye
Now if you can make a case why that is pertinent to the 2A discussion I'll be glad to listen. or read.

Just adding that there was a lot of bashing of R on these threads when he had his accident. Not limited to just black players although black players have more of an image problem they should be working on.

151 posted on 12/04/2008 9:54:13 AM PST by E=MC2
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To: ladyjane
He’s had six speeding tickets in the past 20 years, not counting warnings and other driving infractions.

Irrelevant.

152 posted on 12/04/2008 9:54:33 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: Dead Corpse

What does a local permit have to due with a Constitutionally protected Right?


153 posted on 12/04/2008 9:57:17 AM PST by E=MC2
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To: St. Louis Conservative
The fool had a permit, allowed it to expire, and continued to carry. That is not the fault of the statute. The statute is not a ban, and it is clearly not a de facto ban, regardless of the hyperbole, since he already had applied for, and received, a license.
154 posted on 12/04/2008 9:58:15 AM PST by Teacher317 (Well, at least we know Obama isn't the anti-Christ. Satan would have more class.)
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To: Eagle Eye
If guns are banned in your area and required to be turned in, are you going to comply? Yes or no.

I had to drive through Baltimore and near DC when there was a problem with people being shot at rest areas. I had my carry pistol with me at every rest stop even though my permit wasn't valid in Maryland. I did this to protect my family.

I made a decision that I could live with going to jail more than watch my wife and kids get killed. I didn't, however, ever think that the law didn't apply to me.

155 posted on 12/04/2008 9:58:34 AM PST by Soliton (This 2 shall pass)
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To: Pharmboy

did u see this? good read, even if it’s a little over the top.


156 posted on 12/04/2008 10:00:54 AM PST by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: Soliton; Dead Corpse
Why not push for an amendment that says "anybody can carry any gun anywhere for any reason"? There would then be no argument.

And you would support that? Really?

Polish it up a bit to proclude criminal use and to include "arms" not just guns and we might be on the right track.

FYI, I'm a 2A radical. I don't believe that felons should automatically lose their 2A rights. IMO once a convict serves his sentence he gets his Constututionally protected rights fully restored. I assume that criminals that want guns have them despite the law and that the law is a burden only for those inclined to observe it.

So just get rid of the nonsense and let adults have their rights with the assumption of responsibility instead of the government assuming that its citizens are servants and dolts.

157 posted on 12/04/2008 10:03:10 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: Soliton
I had my carry pistol with me at every rest stop even though my permit wasn't valid in Maryland.

The fact that I agree with what you did in now way lessens the fact that you are a hypocrite!

158 posted on 12/04/2008 10:04:33 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: Soliton

The Second Amendment is not absolute? Please explain your rationale behind that statement.


159 posted on 12/04/2008 10:06:39 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Ouderkirk
Why am I barred from carrying my CCW in NYC? as opposed to Rochester or Albany or Watertown where I can carry my weapon at any time?

Because NYC is a special place. People who question the validity of the CCW laws in NYC underestimate the stupidity of large percentages of its population. The law is designed with places like Latin Quarter in mind. There was a reason why every cowboy had to check his guns when he rode into Tombstone, and it applies to places like NYC. When I lived in NYC, I had a gun in my apartment, though I was never robbed. I never carried it on the street with me, because I wouldn't have had time to pull it if I was jumped. Meahwhile, without good people carrying concealed weapons is the safest big city in America. Yes we, have a Constitutional right to bear arms. But it's not a black and white issue. And gun advocates who refuse logic in favor of winning every point sound a lot like abortion advocates when they argue for partial birth abortion or against parental notification. All they succeed in doing is turning off the majority of people who are somewhere in the middle.

160 posted on 12/04/2008 10:07:46 AM PST by presidio9 (I don't want to live in a world where Mike Mussina is a Hall of Famer.)
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