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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
Soliton said: "... beyond my right to vote. "

So when the day comes that Congress, like the Chinese communists, rules that your wife must endure an abortion, and the Supreme Court agrees, you intend to just simply vote against it? You won't take up arms and protect your family? Your children don't have an unalienable right to life that you are entitled to protect?

281 posted on 12/04/2008 1:03:08 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: NYC GOP Chick
Would you be more apt to "start sh*t" with your fellow travelers if you knew a significant portion of them were armed? Or less likely?

Silly argument...

282 posted on 12/04/2008 1:03:18 PM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
Sorry. My Ancestors came here seeking freedom. If you want gun control laws, move back to Britain.

You said your ancestors were from here. If you don't like America the way it is, change it within the system or do what your ancestors did and scoot to greener pastures. I like it here.

283 posted on 12/04/2008 1:04:00 PM PST by Soliton (This 2 shall pass)
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To: Soliton
You astute are, Skywalker!

Not astute. Just a survival skill acquired at the university of hard knocks.

284 posted on 12/04/2008 1:05:31 PM PST by E=MC2
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To: Dead Corpse

I could reframe that and ask you if people would more or less likely to “start sh*t” with their fellow travelers if they are armed.

I don’t know what the right answer is, because it’s not a clearcut issue, IMO.


285 posted on 12/04/2008 1:05:49 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: "The legislature can pass any law about anything but it is subject to judicial review. A passage in the constitution isn't required. "

But on what basis do you wish the judicial branch to review the law, if not based on passages in the Constitution? And where do those passages come from? If they are so complex that only the courts can understand them, then I guess only the courts would be entitled to create such passages. But that isn't where such passages come from, is it?

286 posted on 12/04/2008 1:06:41 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: William Tell
So when the day comes that Congress, like the Chinese communists, rules that your wife must endure an abortion, and the Supreme Court agrees, you intend to just simply vote against it? You won't take up arms and protect your family? Your children don't have an unalienable right to life that you are entitled to protect?

I don't see that day coming, but should it, I will do what I have to. I think, however, that external threats are much more real than internal ones. I am more afraid of sitting next to a wide receiver at a club than I am of my congressman.

287 posted on 12/04/2008 1:07:37 PM PST by Soliton (This 2 shall pass)
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To: Soliton
No, I didn't. Please pay attention to who is posting to you.

My mother was born here. My father was born in the Ukraine.

I like America the way it is supposed to be. Not this watered down version you seem to approve of. As I said, you could avoid all of us gun nut radicals and just move back to Britain.

288 posted on 12/04/2008 1:07:47 PM PST by Dead Corpse (What would a free man do?)
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To: William Tell

Curious. What are you doing about CA NOT having a must-issue statute?


289 posted on 12/04/2008 1:09:21 PM PST by E=MC2
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To: NYC GOP Chick
I could reframe that and ask you if people would more or less likely to “start sh*t” with their fellow travelers if they are armed.

And risk getting shot? Not bloody likely. Best to just be nice and ignore my fellow travelers until we part ways.

As it is now, most people don't have that option. Some thug puts an illegal gun in their face and they have no recourse at all.

Look at the per person crime stats in highly gun controlled areas vs those same stats in places like Kennesaw, GA. I'd say that is ample evidence on a very clear cut issue.

290 posted on 12/04/2008 1:10:07 PM PST by Dead Corpse (What would a free man do?)
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To: Dead Corpse
As I said, you could avoid all of us gun nut radicals and just move back to Britain.

I like it here. You are the one complaining. Do something about it. Organize, march, petition congress. Bitching on FR isn't going to do very much to free Plaxico or Mumia.

291 posted on 12/04/2008 1:11:02 PM PST by Soliton (This 2 shall pass)
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To: William Tell; Soliton
You won't take up arms and protect your family?

Soliton has already stated that he will use carry arms to protect his family even when against the law.

292 posted on 12/04/2008 1:11:41 PM PST by E=MC2
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To: Dead Corpse
Look at the per person crime stats in highly gun controlled areas vs those same stats in places like Kennesaw, GA. I'd say that is ample evidence on a very clear cut issue.

I would quote from your link but realize that you really didn't know all that was in it when you posted.

293 posted on 12/04/2008 1:13:36 PM PST by E=MC2
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To: Soliton
I like it here.

Tough. I like freedom. You lose the moral high ground by insisting your government agents can stick their guns in my face because I insist on carrying a gun.

As for organizing... Already on it...

294 posted on 12/04/2008 1:16:15 PM PST by Dead Corpse (What would a free man do?)
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To: St. Louis Conservative

Bump!


295 posted on 12/04/2008 1:16:28 PM PST by Tunehead54 (Nothing funny here. ;-)
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To: William Tell
If they are so complex that only the courts can understand them, then I guess only the courts would be entitled to create such passages.

It's the system. Change it if you don't like it.

296 posted on 12/04/2008 1:17:28 PM PST by Soliton (This 2 shall pass)
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To: Dead Corpse
And risk getting shot? Not bloody likely. Best to just be nice and ignore my fellow travelers until we part ways.

I meant that with a certain %age of people, having a gun would make them more aggressive.

As it is now, most people don't have that option. Some thug puts an illegal gun in their face and they have no recourse at all.

That's true, and it's a major concern. Then again, how often does it happen? Never in my life has anyone pulled a gun on me, and I have been in some sketchy neighborhoods.

Look at the per person crime stats in highly gun controlled areas vs those same stats in places like Kennesaw, GA. I'd say that is ample evidence on a very clear cut issue.

All the evidence I need is to look at what is the safest big city in this country.

297 posted on 12/04/2008 1:17:37 PM PST by NYC GOP Chick ("Lights up on Washington Heights, Up at the break of day...")
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To: Dead Corpse
You lose the moral high ground by insisting your government agents can stick their guns in my face because I insist on carrying a gun.

They are not my government agents. It is what it is. Break the law and I won't come for you. Do what you like

298 posted on 12/04/2008 1:19:41 PM PST by Soliton (This 2 shall pass)
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To: E=MC2
Sure did. I noticed you ignored the information that doesn't support your linguistic gymnastics re; the wording of the Second.

William Rawle on the Second Amendment

Is that a bit better for you? I'm guessing not...

Here's the money shot for you:

The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.

Or do we now have to have an argument about whether or not William knew what he was talking about?

299 posted on 12/04/2008 1:20:10 PM PST by Dead Corpse (What would a free man do?)
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To: E=MC2
E=MC2 said: "What are you doing about CA NOT having a must-issue statute?"

There have been a couple of petition drives to amend the Kalifornia constitution. Unfortunately, the experts believe that this cannot be accomplished unless funded to the tune of about 18 million dollars.

A case like Plaxico's reaching the US Supreme Court would actually be great. The same five Justices who recognized the right to "keep" handguns in our homes would certainly recognize a right to "bear" handguns in those places that a person must, of necessity, go to in the daily conduct of their lives. And that same Court would recognize that no county sheriff is justified in deciding whether or not such a person has a good reason to be armed. Self-defense and defense of one's family would be sufficient for all.

300 posted on 12/04/2008 1:21:10 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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