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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: Soliton

You completely avoided my question.

It’s easy to say you’re having heated conversation with various people on here, me included. Your previous statements make it seem as if you’re in favor of some form of gun control.

Without going on a multi-paragraph tangent, I’d like to know to what extent, in your view, the Second Amendment applies to.


261 posted on 12/04/2008 12:28:30 PM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: NYC GOP Chick
If you worked here for that long, you must have spent at least some time in the subways, especially during rush hour. And if that is so, do you believe that it would be a good idea or a bad idea to have lots of people carrying in packed-to-the-gills subways cars?

What about the almost empty at night?

262 posted on 12/04/2008 12:29:37 PM PST by E=MC2
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To: William Tell
Just as a reality check, tell me one thing that Congress may not forbid because of the Second Amendment.

I'm typing as slowly as I can. My opinion doesn't matter. We have laws and processes for making and changing laws. The courts decide the things that "Congress may not forbid because of the Second Amendment", not me or you or Plaxico.

263 posted on 12/04/2008 12:30:08 PM PST by Soliton (This 2 shall pass)
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To: wastedyears

I believe the original intent of the second amendment was to prevent governments from from violating the unalienable rights of individuals.

But my opinion doesn’t matter beyond my vote and my ability to affect others’ votes.


264 posted on 12/04/2008 12:32:57 PM PST by Soliton (This 2 shall pass)
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To: E=MC2

I don’t know — never been on a train in the middle of the night. The latest I’ve been on one was around midnight a few years ago, and it was pretty packed.

I suppose it shouldn’t be a problem between midnight and 5 a.m., but I wonder if the ricochets will do even more damage than the scratchitti. I also don’t know if there’s a feasible way to keep the drunks unarmed.


265 posted on 12/04/2008 12:34:59 PM PST by NYC GOP Chick ("Lights up on Washington Heights, Up at the break of day...")
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To: Soliton
Soliton said: "Right now you can't own a grenade or landmine or automatic weapon without a special license "

And this meets the criteria of "shall not be infringed" how? Which part of the Second Amendment suggests that the right of the people to keep and bear arms shall be licensed by Congress? And why did these licensing requirements not exist for the first century and a half of our republic?

266 posted on 12/04/2008 12:38:42 PM 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
Soliton said: "The courts decide the things that "Congress may not forbid because of the Second Amendment", not me or you or Plaxico. "

So you think that our Founders adopted a document that is just too complicated for us regular people to understand? But somehow the Courts will be able to figure it out? Do you have opinions about anything at all in the Constitution, or do you defer to the Supreme Court for everything? Do you think the Roe v. Wade decision was correct?

267 posted on 12/04/2008 12:41:58 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell
And this meets the criteria of "shall not be infringed" how? Which part of the Second Amendment suggests that the right of the people to keep and bear arms shall be licensed by Congress? And why did these licensing requirements not exist for the first century and a half of our republic?

I don't agree with it, but it's the law. It is based on an understanding of what "a well regulated" means

268 posted on 12/04/2008 12:45:03 PM PST by Soliton (This 2 shall pass)
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To: William Tell
So you think that our Founders adopted a document that is just too complicated for us regular people to understand? But somehow the Courts will be able to figure it out? Do you have opinions about anything at all in the Constitution, or do you defer to the Supreme Court for everything? Do you think the Roe v. Wade decision was correct?

No, I think that that is the process that the constitution sets up for making laws.

269 posted on 12/04/2008 12:46:57 PM PST by Soliton (This 2 shall pass)
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To: Soliton
Soliton said: "My ancestors left Ireland and England. "

So did some of mine. But some were here when their government attempted to disarm them and required them to house soldiers in their homes. They took up arms and killed the tyrant's forces until the tyranny stopped.

Let's look at the Third Amendment: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

Gee, look at that. Our Founders knew how to include exceptions to permit action by Congress. But you think that Congress automatically gets to "prescribe by law" when the right of the people to keep and bear arms shall be infringed"?

270 posted on 12/04/2008 12:50:39 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell

so?


271 posted on 12/04/2008 12:52:48 PM PST by Soliton (This 2 shall pass)
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To: Soliton
Soliton said: "No, I think that that is the process that the constitution sets up for making laws. "

I don't think you answered regarding Roe v. Wade. Was that decision correct or not? Or is it simply none of your business?

272 posted on 12/04/2008 12:52:51 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: William Tell
I don't think you answered regarding Roe v. Wade. Was that decision correct or not? Or is it simply none of your business?

This is like talking to my wife, she asks the same question and is shocked when I give the same answer. I personally am against abortion on grounds of justice. I do not see anything in the constitution either way, however. It is a matter of interpretation and the constitution sets up the Judiciary for interpreting the law, not me. I care, but the constitution doesn't care if I care or not, beyond my right to vote.

273 posted on 12/04/2008 12:56:55 PM PST by Soliton (This 2 shall pass)
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To: Soliton
This is like talking to my wife, she asks the same question and is shocked when I give the same answer.

You must not be giving her the answer she wants!

274 posted on 12/04/2008 12:59:13 PM PST by E=MC2
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To: Soliton
Soliton said: "so?"

So,... one minute you assure me of the importance of an explicit explanation in the example about buying a car.

But you fail to see the relevance of the missing explicit permission for Congress to legislate in the Second Amendment, when there exists such explicit permission in the Third Amendment.

Sounds to me like you want to have it both ways. Congress gets to "prescribe by law" when there is permission and Congress gets to prescribe by law when there is no permission.

275 posted on 12/04/2008 12:59:41 PM 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
Unfortunately I don't trust government to decide who.

That is exactly what you are saying when you use Brady arguments to support NY gun control laws. What else do you think gun licensing is? It's letting government decide who gets to do what.

"Unsteady"? I'm not the one even tacitly supporting gun control.

276 posted on 12/04/2008 1:00:21 PM PST by Dead Corpse (What would a free man do?)
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To: E=MC2
You must not be giving her the answer she wants!

You astute are, Skywalker!

277 posted on 12/04/2008 1:00:26 PM PST by Soliton (This 2 shall pass)
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To: E=MC2

For understanding the language of the Second, yes. For understanding the proper application of the BoR, apparently not. Again, apples and oranges.


278 posted on 12/04/2008 1:01:27 PM PST by Dead Corpse (What would a free man do?)
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To: Soliton

Sorry. My Ancestors came here seeking freedom. If you want gun control laws, move back to Britain.


279 posted on 12/04/2008 1:02:02 PM PST by Dead Corpse (What would a free man do?)
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To: William Tell
But you fail to see the relevance of the missing explicit permission for Congress to legislate in the Second Amendment, when there exists such explicit permission in the Third Amendment.

The legislature can pass any law about anything but it is subject to judicial review. A passage in the constitution isn't required.

280 posted on 12/04/2008 1:02:25 PM PST by Soliton (This 2 shall pass)
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