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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: St. Louis Conservative
He carried it in his sweatpants? What’s the best-case scenario, sweat pants with pockets? Or was he stupid enough to carry a Glock tucked into the waistband of a pair of drawstring sweatpants?
But, of course, it was a Glock! Glocks have three safeties: the trigger safety, the firing pin safety, and the drop safety. The safeties are redundant, said to keep a Glock from discharging at any time unless the shooter pulls the trigger straight back. So OF COURSE he felt safe to put it in his sweatpants; even if it fell and hit the ground it couldn’t accidentally fire.
Then, the handgun “accidentally” discharged. Wouldn’t that suggest he had a round in the chamber, or did the slide “accidentally” rack itself?
All of which means, he had a round chambered AND somebody pulled the trigger straight back. Stupidity may be a better descriptor of this event than an accident.
41
posted on
12/04/2008 6:28:10 AM PST
by
Scoutmaster
(You knew the job was dangerous when you took it, Fred.)
To: St. Louis Conservative; Squantos; Eaker
His only crime was carrying a Glock in his pocket! Those suckers don't have any safety except the doo-dad on the trigger, and your car keys, a pen or a finger could cause a negligent discharge.
If you want a GLock in your pocket, USE A POCKET HOLSTER to keep foreign objects or fingers out of the trigger guard!!!!!!!!!!!!!!!!!!!!
42
posted on
12/04/2008 6:29:04 AM PST
by
Travis McGee
(--www.EnemiesForeignAndDomestic.com--)
To: Long Island Pete
Or PB could’ve hired a guy licensed to carry. I don’t like NYS’s loony gun laws, either, but he still broke at least one. And so did the idiots who aided and abetted.
43
posted on
12/04/2008 6:30:16 AM PST
by
mewzilla
(In politics the middle way is none at all. John Adams)
To: Rum Tum Tugger
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.
Well, it's pretty much a slam dunk that Porcupine was had his Glock crammed in his waistband without a holster because, well, it's just cooler that way. Glocks typically have a 5 - 6 lb. DAO trigger that (IMO) does not suffer fools well. Polydent is a world-class fool. He therefore stuck his boogerhook on the bang switch and added to his God-given hole inventory.
44
posted on
12/04/2008 6:30:54 AM PST
by
AngryJawa
(SOCIALISM SUCKS)
To: kalee
Former Buffalo Bill’s wide receiver Peerless Price was named after the faucet. His mother saw it on a truck and liked it.
45
posted on
12/04/2008 6:31:01 AM PST
by
massgopguy
(I owe everything to George Bailey)
To: St. Louis Conservative
David Wright and Carlos Delgado of the Mets both have concealed carry permits for New York City, and their team absolutely choked three years in a row. Plaxico caught the TD pass to win the Super Bowl for the Giants. At least have some damn loyalty to a city hero.
If they wont drop the charges, Plax's lawyers should aggressively pursue jury nullification in court.
46
posted on
12/04/2008 6:32:12 AM PST
by
montag813
(www.FreepShop.com)
To: Always Right
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.The second amendment isn't absolute. The word, by the way, is "unalienable", not "inalienable". You do not determine what the constitution means (thank god).
Plaxifool has proven that he is not to be trusted with a gun.
47
posted on
12/04/2008 6:33:31 AM PST
by
Soliton
(This 2 shall pass)
To: Soliton
I believe that that right ends when you discharge the gun in public. Sure, but the major charge which will put him in prison is possession without a permit.
48
posted on
12/04/2008 6:33:53 AM PST
by
Always Right
(Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
To: Soliton
The second amendment isn't absolute. So you don't think we have a right to defend ourselves.
49
posted on
12/04/2008 6:34:52 AM PST
by
Always Right
(Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
To: St. Louis Conservative
FRee Plaxico! (or we're changing our name once and for all from the NY to the NJ Giants!)
To: Ouderkirk
Why am I barred from carrying my CCW in NYC? as opposed to Rochester or Albany or Watertown where I can carry my weapon at any time? That's an easy one.
New York City ain't America, pal.
51
posted on
12/04/2008 6:36:11 AM PST
by
Alberta's Child
(I'm out on the outskirts of nowhere . . . with ghosts on my trail, chasing me there.)
To: Soliton
I suppose most of the big second amendment advocates for Plaxifool are Giants fans and probably sports gamblers too.More is coming out this morning about the doctor that treated Burress and was suspended.
Apparently, Pierce called the trainer and the trainer told him which hospital to go to. The trainer may have arranged the doctor to go to the hospital to treat Burress. The doctor treated Burress under a fake name and did NOT report the gunshot wound as required.
52
posted on
12/04/2008 6:36:45 AM PST
by
E=MC2
To: mewzilla
NY’s gun laws suck. I had to jump through hoops in order to get a target/premise one. But there are laws and he broke them. Ignorance is no excuse.
To: Always Right
So you don't think we have a right to defend ourselves.Constitutionally, I believe we have a right to protect ourselves from government. Hence "A well regulated Militia being necessary to the security of a free State". You can not cherry pick the Constitution.
54
posted on
12/04/2008 6:40:01 AM PST
by
Soliton
(This 2 shall pass)
To: Long Island Pete
NYs gun laws suck. I had to jump through hoops in order to get a target/premise one. But there are laws and he broke them. Ignorance is no excuse. I agree.
55
posted on
12/04/2008 6:41:27 AM PST
by
mewzilla
(In politics the middle way is none at all. John Adams)
To: 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. One can carry arms for any legal purpose including "feeling like it" or as a fashion accessory.
A bullet to the thigh seems like instant karma to me, piling on with wanting him in jail on unconstitutional charges seems excessive. Regardless of him being an idiot or not (I don't follow football so I don't know a thing about the guy) I will defend his constitutionally protected right to bear arms.
56
posted on
12/04/2008 6:42:19 AM PST
by
Durus
(The People have abdicated our duties and anxiously hopes for just two things, "Bread and Circuses")
To: E=MC2
More is coming out this morning about the doctor that treated Burress and was suspended. It's already out. His buddy took the gun home too. It was supposed to just go away because he catches footballs occasionally.
57
posted on
12/04/2008 6:43:09 AM PST
by
Soliton
(This 2 shall pass)
To: Soliton
The constitution just enumerated a few specific rights. The right to defend oneself is a natural right.
58
posted on
12/04/2008 6:43:56 AM PST
by
Always Right
(Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
To: thefrankbaum
Who ever hear of Clarence Earl Gideon?
Gideon v. Wainwright changed U.S jurisprudence forever
To: mewzilla
NY’s gun laws are unconstitutional and should be struck down. Adherence to a unconstitutional law is not a reason for praise, and breaking said law is not a reason for scorn.
60
posted on
12/04/2008 6:45:03 AM PST
by
Durus
(The People have abdicated our duties and anxiously hopes for just two things, "Bread and Circuses")
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