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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
I don’t think that any of us say that the speed limit doesn’t apply to us and we should justly walk if busted

Lots of people believe that laws do not apply to them. It comes from having parents allways get them out of their conflicts without having to pay a price for their actions. Many learned scholars have written on this and how it has decayed our society.

181 posted on 12/04/2008 10:30:14 AM PST by E=MC2
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To: Soliton
I love it when people get called trolls simply because they disagree.

Usually happens when the other has nothing else to offer.

182 posted on 12/04/2008 10:30:58 AM PST by E=MC2
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To: Soliton; Admin Moderator
Your opinion doesn't matter
You gotta be bloody kiddin' me.
183 posted on 12/04/2008 10:31:16 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: William Tell
Does it mean NOTHING then? Are there no limits to what Congress or state legislatures can do? If there are no limits, then why did our Founders bother including it along with freedom of the press and requirements for warrants?

It is up to the SCOTUS to determine what it means.

184 posted on 12/04/2008 10:31:19 AM PST by Soliton (This 2 shall pass)
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To: St. Louis Conservative

Glocks and idiots don’t mix. Koppel surely could have found a better poster boy than this thug. Rallying around a law-breaking punk only encourages the anti-gunners like Soliton.


185 posted on 12/04/2008 10:31:22 AM PST by ozzymandus
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To: wastedyears
Your opinion doesn't matter

Legally, your opinion doesn't matter. You would go to jail if you did what Plaxifool did regardless of your opinion.

186 posted on 12/04/2008 10:32:42 AM PST by Soliton (This 2 shall pass)
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To: Renegade

We have one, it was written in 1789 and ratified in 1791. It’s called the Second Amendment.


187 posted on 12/04/2008 10:33:20 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: St. Louis Conservative

NYC gun laws are indeed unconstitutional. But I have a difficult time feeling sympathy for a guy who’d been drinking all night, holding a drink in one hand, and fooling around with his gun with the other. Carrying a firearm is a serious responsibility, and I doubt Plax can even spell the word.

As a Giants fan, I say fugetabout it — get him outta here!


188 posted on 12/04/2008 10:33:44 AM PST by Mr. Mojo
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To: E=MC2

Does without predjudice incldue without common sense or judgement?


189 posted on 12/04/2008 10:34:34 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: popdonnelly

Our Fuhrer (he’s not really a mayor), Mikey Gloomberg, does not believe in the Second Amendment.


190 posted on 12/04/2008 10:34:47 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Durus
By saying that the constitution needs to be "interpreted" you are inferring that the primary founding document of our nation, the highest law of the land, from which all just laws should be derived, the document that dictates what powers belong to government, is changeable based on the whims of whomever has the "right" to interpret it.
That makes it sound like Soliton is a...
191 posted on 12/04/2008 10:36:04 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: E=MC2
Usually happens when the other has nothing else to offer.

Exactly! All I am saying is that Plax broke the law and should pay the price for it. All the second amendment stuff is a smokescreen.

192 posted on 12/04/2008 10:36:08 AM PST by Soliton (This 2 shall pass)
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To: ozzymandus; Soliton
Rallying around a law-breaking punk only encourages the anti-gunners like Soliton.

It is a courtesy to ping someone when you refer to them in a post. I have been on both sides of Soliton's arguments but I must say you are wrong. He is NOT rallying around the law-breaking punk and he is NOT anti-gun.

193 posted on 12/04/2008 10:38:07 AM PST by E=MC2
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To: Emperor Palpatine

The same OJ Simpson case where 13 years ago, in 5th grade, I wanted him found guilty; but justice was served 13 years ago to the day on his most recent trial date, of which he was found guilty.

As it had no personal bearing on my life, I waited 13 years for OJ to be found guilty of something.


194 posted on 12/04/2008 10:40:11 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Soliton
Exactly! All I am saying is that Plax broke the law and should pay the price for it. All the second amendment stuff is a smokescreen.

He should pay for it as an average citizen would have to pay for it. I really think that the punishment is too harsh for the crime but he should not get special treatment.

195 posted on 12/04/2008 10:40:27 AM PST by E=MC2
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To: Soliton
Soliton said: "I meant the second half isn't absolute because the first half modifies the second half. "

If I tell you that,"because you have been an outstanding employee, you will be getting a raise", does that mean that you are or are not getting a raise? Does the statment suggest that I am still considering whether you are an outstanding employee? Or has the decision been made?

The Second Amendment states that our Founders decided that a well-regulated militia is necessary to the security of a free state. Because of this, they mandated that "the right of the people to keep and bear arms shall not be infringed".

In no way does the Amendment suggest that Congress or anybody else gets to second-guess this decision. It is only for them to obey the mandate, INDEPENDENT of any doubts on their part about the wisdom of doing so. Furthermore, the mandate says nothing whatever about the militia; it is the right of the PEOPLE to keep and bear arms, without any suggestion of limits.

196 posted on 12/04/2008 10:40:39 AM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: wastedyears
As it had no personal bearing on my life, I waited 13 years for OJ to be found guilty of something.

He was found guilty of the death in a civil court long ago.

197 posted on 12/04/2008 10:41:28 AM PST by E=MC2
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To: E=MC2

He was found “liable,” not “guilty.” There is a difference. He can be deprived of liberty if guilty, but not if he is just civilly liable.


198 posted on 12/04/2008 10:42:41 AM PST by lady lawyer
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To: Eagle Eye

Prejudice means “pre-judging” something. In general, it implies coming to a judgement on the subject based on false beliefs or before knowing where the preponderance of the evidence actually lies. Prejudice may involve discriminatory attitudes of individuals toward people or things or impairment to the rights of a party in a legal dispute.


199 posted on 12/04/2008 10:45:42 AM PST by E=MC2
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To: E=MC2

Well thank you very much, Miss Manners. In your haste to criticize a total stranger, you seem to have neglected to read what I wrote. I did NOT say Soliton was rallying around a law-breaking punk. I DID say he is anti-gun, and I stand by that. He has frequently distorted the Second Amendment to justify gun control.


200 posted on 12/04/2008 10:46:31 AM PST by ozzymandus
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