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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
Blind adherence to law is not patriotic, wise, or righteous. Any law that contradicts the constitution is null and void.

I did not specifically call you a clown but was speaking about people, apparently like you, that don't care about the 2nd Amendment when they find it inconvenient.
21 posted on 12/04/2008 6:07:55 AM PST by Durus (The People have abdicated our duties and anxiously hopes for just two things, "Bread and Circuses")
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To: DainBramage
A Christmas Story 2009

"You'll shoot your THIGH out!"

22 posted on 12/04/2008 6:09:18 AM PST by shoptalk
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To: St. Louis Conservative
Courts have found that the police are not legally liable for failing to protect us, so they can have no legal authority to prevent us from protecting ourselves.

For politicians who may be lurking, the above is a true interpretation of what 'shall not be infringed' means.

-----

This guy made a stupid mistake, and he only hurt himself....which is a good thing!

If he had hurt someone else, he would be forced to pay them a WHOPPING amount of money!

23 posted on 12/04/2008 6:10:00 AM PST by MamaTexan (I am not a political, collective, administrative, public, corporate or legal entity)
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To: PurpleMan
When you have the proper test case and the money for the attorney’s jump on it.
24 posted on 12/04/2008 6:11:29 AM PST by org.whodat (Conservatives don't vote for Bailouts for Super-Rich Bankers! Republicans do!)
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To: St. Louis Conservative

He wore the gun as a fashion accessory, not as a constitutional protest.


25 posted on 12/04/2008 6:13:16 AM PST by DManA
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To: thefrankbaum
The NRA didn't do much, and Republicans less. If it wasn't for the libertarians in the DC case.

Plaxico is black, spoiled and low rent.

The gun laws of New York city are grossly unconstitutional.

I could see him being charged for an unsecured weapon and unjustified discharge in a public place, if the owner agrees. But that is it.

We were told to be jealous of our rights if we wanted to keep them.

We haven't been. Just look at Paulson and the trillion dollar gift to America's financial elite.

26 posted on 12/04/2008 6:13:29 AM PST by Leisler ("Give us the child for 8 years and it will be a Bolshevik forever. " Lenin)
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To: PurpleMan
Kopel is a 2nd Ammendent advocate. It’s abvious that he’s using this high profile case to bring the spotlight on himself.

Good for him. He is dead on here. If he is a real 2nd amendment advocate, he is not being a whore.

27 posted on 12/04/2008 6:14:11 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: Soliton
He obviously can't be trusted with a gun and don't call me a clown.

Then charge him and fine him a reasonable amount, but the stupid New York law is illegal as written. Clown!

28 posted on 12/04/2008 6:14:25 AM PST by org.whodat (Conservatives don't vote for Bailouts for Super-Rich Bankers! Republicans do!)
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To: St. Louis Conservative
It's pretty simple: The gun laws of NYC are unconstitutional. Plexiglas knowingly broke the law not out of protest but arrogance. Both sides are wrong.

In a just world, Platypus would pay a steep fine for his Negligent Discharge / Reckless Endangerment and the Giants/NFL could do whatever they wanted to him about it. NYC should be sued into oblivion over it's wanton violations of its citizens' 2A rights until such time that they come into at least the very minimum constitutional requirements.

...but what do I know? I ain't a fancy lawyer, politician, or talking head.

29 posted on 12/04/2008 6:15:50 AM PST by AngryJawa (SOCIALISM SUCKS)
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To: Long Island Pete
OH B.S. I am sure he could have gotten a carry permit if he at least tried. Many high profile celebs get them and carry.

Sure he could, but 3 1/2 years for excercizing a Constitutional Right. If it was a stiff fine, it is one thing, but mandatory jail time. He could have stabbed someone with a knife and not gotten time.

30 posted on 12/04/2008 6:16:07 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: St. Louis Conservative

Burress has always tried to maintain a low profile-he use to tool around Pittsburgh in a F650!-yep real inconspicuous


31 posted on 12/04/2008 6:16:34 AM PST by mrmargaritaville
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To: meandog

“Burris, despite all of his off-field antics, is a celebrated person and thus exposed to NFL nut cases (primarily Eagle, and Cowpie fans). He has a legitmate Constitutional right to carry a firearm for personal protection...he should, however, be charged with illegally discharging a firearm in a public place.

That sounds reasonable to me.


32 posted on 12/04/2008 6:18:05 AM PST by mr_hammer ("Before you were formed in the womb, I knew you")
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To: Durus
I did not specifically call you a clown but was speaking about people, apparently like you, that don't care about the 2nd Amendment when they find it inconvenient.

The right to keep and bear arms is not absolute. It was never meant to be. That is why it is contained in a compound sentence. The arms were intended to be a guarantee against government oppression of the states and/or individuals. Plaxifool was using it as a fashion accessory. He shot himself. I am thrilled to bits that karma is catching up to him and people like Michael Vick.

33 posted on 12/04/2008 6:18:13 AM PST by Soliton (This 2 shall pass)
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To: Soliton
Sending him to jail would at least prevent him from carrying in the future. He obviously can't be trusted with a gun and don't call me a clown.

Sure, but do we need laws on the books that prevent law-abiding citizens from protecting themselves. As dumb a Burress was, this law is a bigger outrage.

34 posted on 12/04/2008 6:19:22 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: St. Louis Conservative
the handgun accidentally discharged

I have had two Glocks for over 20 years. Glocks don't just accidentally discharge. Never have, never will. Someone has to pull the trigger.

I guess someone could accidentally pull the trigger? There's something we're not being told.

35 posted on 12/04/2008 6:19:59 AM PST by Rum Tum Tugger
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To: Soliton
He shot himself. I am thrilled to bits that karma is catching up to him and people like Michael Vick.

So 3 1/2 years mandatory jail is an appropriate law for not having the proper government permission to defend yourself. The right to defend oneself is an inalienable right.

36 posted on 12/04/2008 6:21:55 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: org.whodat
Then charge him and fine him a reasonable amount, but the stupid New York law is illegal as written. Clown!

I suppose most of the big second amendment advocates for Plaxifool are Giants fans and probably sports gamblers too. I live in Pittsburgh where we get rid of Plaxicos and Joey Porters and all the other spoiled brats. Football is a small thing. We take it way too seriously.

37 posted on 12/04/2008 6:24:59 AM PST by Soliton (This 2 shall pass)
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To: St. Louis Conservative

I believe he should do three years for wearing sweat pants to a dance club.


38 posted on 12/04/2008 6:25:39 AM PST by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: St. Louis Conservative

Plaxico Buress what was his mama thinking? His name sounds like a pharmaceutical company.


39 posted on 12/04/2008 6:26:39 AM PST by kalee
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To: Always Right
Sure, but do we need laws on the books that prevent law-abiding citizens from protecting themselves. As dumb a Burress was, this law is a bigger outrage.

I believe in the right to keep and bear arms. I believe that that right ends when you discharge the gun in public. I also believe in the rule of law. If you ignore the law, it is your fault. Work to change it; don't violate it.

40 posted on 12/04/2008 6:28:01 AM PST by Soliton (This 2 shall pass)
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