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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: William Tell

There would then have been no need to include the first half of the sentence. It is there for a reason. Neither you nor I know what that reason is. That is why we have a Supreme Court to interpret laws.

Maybe someday it will be held that anyone can carry any kind of arm anywhere for any reason, but that isn’t the current interpretation. The laws of New York will probably change soon anyway, but conservatives obey the law. Part of being a conservative is believing that the United States is a nation of laws.


201 posted on 12/04/2008 10:46:59 AM PST by Soliton (This 2 shall pass)
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To: egannacht

That’s a fine blond right there.


202 posted on 12/04/2008 10:48:47 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Ranger45

LOL

I wonder what robertpaulson has been up to...


203 posted on 12/04/2008 10:49:53 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: William Tell
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?

If I tell my son, "Since you need a car to get to work, I won't stop you from buying one", couldn't a reasonable person infer that I wanted my son to use the car for work?

204 posted on 12/04/2008 10:51:07 AM PST by Soliton (This 2 shall pass)
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To: lady lawyer
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.

OK. But they the counts were a little more specific. They found that he caused the deaths and committed battery. A little more than just 'liable'.

The jury found O.J. Simpson willfully and wrongfully caused the death of Ronald Goldman. They also found that Simpson committed battery against Goldman, and that battery was committed with oppression, which means cruelty, and malice.

205 posted on 12/04/2008 10:54:05 AM PST by E=MC2
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To: wastedyears

Robertpaulson may be part of the new Obama administration. After trying to re-register with a couple of obvious new names, he disappeared. He had a real love of Big Brother government, and may currently be singing hymns to Obama.


206 posted on 12/04/2008 10:54:26 AM PST by ozzymandus
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To: E=MC2

I’m in favor of fair and consistent application of laws.

And IMO some deserve more consistent applications than do others!


207 posted on 12/04/2008 10:57:06 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: ozzymandus; Soliton
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.

Well thank you very much. I see you still did not ping him on this one either. In your haste to criticize me, a total stranger, you seem to have neglected to read what I wrote. I Never said that you said Soliton was rallying around a law-breaking punk.

208 posted on 12/04/2008 10:58:05 AM PST by E=MC2
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To: presidio9

But, there could be occassions when having a gun in NYC would preclude you from being victimized — you simply state that for some reason in NYC you wouldn’t have time to pull it if jumped — are their special jumping techniques in NYC that are not applicable elsewhere??

Anyone who carries for self defense realizes its not a magic shield, and if you suddenly get clubbed over the head from behind the gun is worthless.

I worked in NYC for 19 years, and don’t agree that it is a “special place,” at least not in the sense that you say that.


209 posted on 12/04/2008 11:00:47 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: Eagle Eye

That’s a disgusting story. If I was a trooper, I wouldn’t have waved them along, I would have lead them down the breakdown lane, cutting a path through traffic, on the airwaves to let a hospital know.

If I was that guy’s superior, I would have ordered him a week off without pay. You just don’t do that kind of stuff.


210 posted on 12/04/2008 11:01:53 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Dead Corpse

I dont make or agree with the law. But living in the liberal land of NY, I have to follow them just like everyone else.


211 posted on 12/04/2008 11:04:40 AM PST by Long Island Pete (Facts are stubborn things.)
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To: wastedyears
Our Fuhrer (he’s not really a mayor), Mikey Gloomberg, does not believe in the Second Amendment.

Emperor Bloomberg, the elitist hypocrite limo-liberal, doesn't believe that any gun laws apply to him, either. Its why he orders agents to travel out of state to violate federal gun laws (straw purchases). In the past his Highness has come out and said something like "Guns are bad and can kill people." Something juvenile like that. I can dig out the quote. The Emperor is a vile man.

212 posted on 12/04/2008 11:04:55 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
Soliton said: "... couldn't a reasonable person infer that I wanted my son to use the car for work? "

Perhaps. But the material reference is to the assertion that you will not stop the buying.

If the son decided that his job was close enough to walk to work, does this mean that you will stop him from buying a car? Or does your prior decision that he needed a car still stand? Who has the power to change YOUR decision regarding the necessity? ONLY YOU. And who has the power to reverse the decision to not oppose buying? ONLY YOU. What I ask you to recognize is that these are two distinct items.

The first item is your decison regarding the need. The second item is your decision not to oppose buying. The link is obvious, but the decisions are distinct and not reversible by anybody but you.

213 posted on 12/04/2008 11:05:20 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: Soliton

What gun control are you in favor of?


214 posted on 12/04/2008 11:06:20 AM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Long Island Pete
I have to follow them just like everyone else.

No. No you don't. You just choose to. This is a default "win" for them.

215 posted on 12/04/2008 11:08:55 AM PST by Dead Corpse (What would a free man do?)
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To: Soliton
I meant the second half isn't absolute because the first half modifies the second half.

Another moron who doesn't understand what a prefatory clause is. the fist half justifies the second, it doesn't modify it.

Take a remedial English course.

216 posted on 12/04/2008 11:12:35 AM PST by Dead Corpse (What would a free man do?)
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To: E=MC2

Now you’re denying what you originally said.


217 posted on 12/04/2008 11:14:53 AM PST by ozzymandus
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To: William Tell
If the son decided that his job was close enough to walk to work, does this mean that you will stop him from buying a car? Or does your prior decision that he needed a car still stand? Who has the power to change YOUR decision regarding the necessity? ONLY YOU. And who has the power to reverse the decision to not oppose buying? ONLY YOU. What I ask you to recognize is that these are two distinct items. The first item is your decison regarding the need. The second item is your decision not to oppose buying. The link is obvious, but the decisions are distinct and not reversible by anybody but you.

I died right after I gave my permission. Now it is up to the courts to decide what I meant in my will. Did I mean that he could ONLY use the car for work? Did I mean that he could only buy a car suitable for work? I am not around to tell anyone what I meant, but my reason for giving permission exists and must be considered.

218 posted on 12/04/2008 11:15:19 AM PST by Soliton (This 2 shall pass)
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To: wastedyears
What gun control are you in favor of?

None

219 posted on 12/04/2008 11:17:26 AM PST by Soliton (This 2 shall pass)
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To: Eagle Eye

I’ll tell you how irrelevant it is. Got stopped by a trooper for speeding. See what happens if you have a clean record versus a history of 6 tickets.

What do you think those troopers are doing when they’re back in their cars. They’re making jokes about nailing the guy again. They love it when they someone with a history.


220 posted on 12/04/2008 11:17:44 AM PST by ladyjane
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