Free Plaxico Buress (NYCs Gun Law is Unconstitutional)

The Wall Street Journal ^ | December 4, 2008 | David B. Kopel

[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.

[mad_as_he$$]

I do not want him freed even though I think the NY gun law is unconstitutional. He is just to stoopid to be in public with a gun.

[ctdonath2]

No, he can’t. There is absolutely no way for non-residents to get a NY City carry permit. It’s so bad that even NY non-NYC residents can’t even get a NYC permit.

This is an ideal RKBA case. There was simply no legal way for this upstanding citizen to exercise his 2nd Amendment rights.

Trust me: I spent years looking for “loopholes” in NY gun laws.

[dashing doofus]

Emperor Bloomberg, himself a felon who sent agents out of state to conduct illegal straw purchases recently (and was admonished by the VA Attorney General and BATFE for doing so), is making this case a major cause celebre.

He has been all over the papers and TV, demanding that Plax be punished to the fullest extent of the law. Despite the fact that Bloomie was given a pass for a serious violation himself.

I hope that Bloomie’s big mouth taints the jury pool, and helps Plax’ defense. Not to defend Plax — what he was doing with a loaded Glock in the waistband of his sweatpants in a bar is beyond stupid and reckless.

I also hope that Bloomie’s big mouth gets the attention of a lawyer who will bring a Heller-type Consititutional suit in New York City.

Emperor Bloomberg is the biggest hypocrite there is, an extraodinarily arrogant man, a billionaire limousine liberal who regularly shows contempt for the common man with his actions and policies.

[Soliton]

The right to keep and bear arms shall not be infringed. Compound sentence aside that is exactly what the operative language of second amendment means.

So you are a Constitutional cherry-picker just like the anti-gun nuts. A reasonable interpretation of the second amendment, since it explicitly mentions "state" would be that it only applies to your state of residence. Otherwise you are compromising the security of the state you are visiting rather than protecting it. Are you for state's rights?

[mad_as_he$$]

Winner!

[Eagle Eye]

He knew he was breaking the law

So when guns are outlawed in your area I fully expect that you will follow the law just as you expect him to.

Unlike you, I think that one is not obligated to follow unjust or unConstitutional laws.

[Soliton]

The constitution just enumerated a few specific rights. The right to defend oneself is a natural right.

Maybe so. I think so, but we are a nation of laws. Natural rights aren't automatically protected. If you try to excercise a natural, but unlawful right, expect to go to jail.

[Eagle Eye]

Doesn’t matter.

[Soliton]

Unlike you, I think that one is not obligated to follow unjust or unConstitutional laws.

You aren't required to do anything. Government can coerce, punish, even kill you, but you can always stand on principal. The Constitution does not, however, give you, as an individual, the right to interpret it. Plaxifool broke an existing law. Too bad. Go directly to jail and then to the Dallas Cowboys.

[Durus]

I'm not a “cherry picker” I just know how to read. I also know that “state” used in that manner was not referring “a” state but “THE” state ie:the country. Somehow you are reading the 2nd amendment and are supposing that the Federal bill of rights was explicitly guaranteeing an individual state right? Despite states having their own constitutions that do the same thing? You are in over your head in this discussion and if you are going to pull ill conceived arguments out of the ether then do it with someone else. The meaning, intent and history of the second amendment is as clear as glass and off the cuff remarks only displays your intent and/or apparent lack of knowledge on the subject.

[Soliton]

I also know that “state” used in that manner was not referring “a” state but “THE” state ie:the country

Your opinion doesn't matter

[Eagle Eye]

The arms were intended to be a guarantee against government oppression of the states and/or individuals.

Then hunters and target shooters be damned.

I do think it was Jefferson that advocated plinkiing and target shooting as a past time so I'll side with him and his interpretation over yours. Sorry.

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

[Renegade]

I wonder how many other “ gang bangers “ were present in the club carrying illegally ? This is a case where we need a national CCW law that is reciprocal in ALL 50 states .

[LimaLimaMikeFoxtrot]

At the nightclub, the handgun accidentally discharged,

More Bravo Sierra. Yeah, he accidentally went to the club, while accidentally carrying a pistol. Then his hand accidentally went to the pistol that accidentally had a chambered round in it, then his finger accidentally pulled the trigger.

The only accident here is Plex getting hit.. unless for some reason he wanted to make his hammy injury more permanent.

[Durus]

The meaning and usage of the word “state” in the second amendment is simply a fact. For you to think otherwise make you a slavish devotee of your own ignorance.

[Rennes Templar]

“Plax’s lawyers should aggressively pursue jury nullification in court.”

I’m not familar with that legal maneuver, could you explain that?

[Eagle Eye]

The word, by the way, is "unalienable", not "inalienable". You do not determine what the constitution means

Uh...that comes from the Declaration not Constitution.

[popdonnelly]

I am perplexed at why Plaxico Burress should get three and a half years in prison for shooting himself in the leg. Second Amendment rights apply to black athletes as well as to anyone else.