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Gun charges dropped in NY for Hero

Discussion in 'Legal' started by user3214, Dec 4, 2008.

  1. user3214

    user3214 Well-Known Member

    In this article multiple charges, including illegal possession of a weapon were dropped.

    It is interesting that the judge cited DC vs Heller. This could become a precedent for future cases in NY.
  2. Sinixstar

    Sinixstar member

    I'm not exactly sure how i feel about that...

    On the gun Charge, I think the Heller argument is a bit of a stretch. It even goes on to say
    The New York State law doesn't say you can't have guns - it pretty clearly lays out the guidelines for having 'em. This guy chose not to follow that.

    On the DUI charge, Cut the guy some leniency, maybe divert to some sort of non-invasive punishment like drug therepy or something.

    Just throwing out the charges? Something's not too "all men created equal" about that.
    I'm not wild about the idea of the law being applied unevenly like that...
  3. HeavenlySword

    HeavenlySword Well-Known Member

    + 1 sinixstar
  4. tpaw

    tpaw Well-Known Member

    With all the criminals that Clinton pardoned when he left office, who are we to pass judgement on this guy? Just in case the moderator is looking in, I like my Marlin Model 60, she's a tack driver.
  5. cassandrasdaddy

    cassandrasdaddy Well-Known Member

    this has an aroma

    how does one inhale a 5 inch piece of shrapnel?
  6. feedthehogs

    feedthehogs Well-Known Member

    Proof that the American legal system is horribly broken.
  7. Master Blaster

    Master Blaster Well-Known Member

    I'm more worried this guy is out there driving Drunk, than about him having a gun.

    Drunk drivers kill more people than firearm related crimes do every year, and they are a bigger threat to the average person by far than guns in the hands of criminals.
  8. wyocarp

    wyocarp Well-Known Member

    This whole thing pisses me right off. Hero status? Driving impaired with a gun? That's not a hero, that's an accident waiting to happen. I was given a hard by cops this past weekend for walking on a public sidewalk in Jerkwater, Wyoming (Thermopolis) because it was 11:30 in the evening. I wasn't doing anything wrong and not on drugs. This guy is impaired and driving and given a free ride. I have no tolorance for that.

    Hey mods, I sure do like my Marlin in 45-70. It has to be one of the best all around guns made.
    Last edited: Dec 4, 2008
  9. subknave

    subknave Well-Known Member

    I can see dismissing the gun charges but probably not the dui. Now if it had happened on 9/11/2001 I would be for dismissing the whole thing but maybe he had a prescription for the xanax due to pstd and the judge chose to dismiss it. I think he should still get a license suspension at the very least.
  10. Prophet

    Prophet Well-Known Member

    Wow... as soon as you do something that might be deemed heroic or courageous you get a pass go and collect $200 card. Or do you? It seems to me that anyone who ends up in a situation where he must use his CCW to defend himself or others, he/she usually ends up in a huge and expensive legal court battle and comes out of it being treated like anything but a hero.

    Oh, don't know what everyone means by the Marlin posts, but I have a Glenfield model 60 and a Marlin 30-30 lever action. Love 'em both. :)
  11. BADUNAME37

    BADUNAME37 Well-Known Member

    Alcohol is not

    typically frowned upon as much as "drugs" are. However, it is a drug, just line any other, in fact much worse than many others -- as it typically KILLS when the intoxicated person gets behind the wheel.

    I stopped drinking about 20 years ago, and I do not miss it one bit.
  12. Flyboy

    Flyboy Well-Known Member

    I think you grossly exaggerate when you say "typically." You also err by saying that alcohol is the cause of death. We rightly reject the idea that a victim was killed by a gun; similarly, victims of drunk driving are not killed by alcohol.

    Ahh. Your attitude is much clearer now.
  13. Seenterman

    Seenterman Well-Known Member

    Hey What about

    Hey doesn't he qualify for hero status, He helped the Giants become a winning team this year?!? We might even go to the SuperBowl!

    Its not like Plaxico was driving around drunk with an unlicenced handgun, he was out at a club sort of being responcible, well more so that this guy.

    If this guy qualifies for Hero status so should Plaxico Burress.

    Ok that was a bit sarcastic.

    But seriously Plaxico could fight the charges IMO if he used the arguement that NYC has overly intrusive and expensive, and that only friends of Bloomyberg get CCW's and therefore NYC laws are unconstitutional.
  14. rscalzo

    rscalzo Well-Known Member

    Plexico is not a NY resident.
  15. Bounce55

    Bounce55 New Member

    "Shortly after the planes hit the World Trade Center, defendant Michael McCormack, a major in the National Guard, was called to the scene. At home in Suffolk County while on Workers' Compensation following a construction accident, he arrived at Ground Zero around noon, about three hours after the second crash.

    McCormack later told reporters that he spent the next eight days futilely looking for survivors"

    Did anyone else notice the fact that he was sitting at home collecting workers comp because he was apparently hurt too badly to work. But he was ok to spend eight days digging through the rubble at ground zero? So a guy who would claim workers comp when he obviously could be working is now a hero? Seriously?
  16. The_Shootist

    The_Shootist Well-Known Member

    Yup - Plaxico Should Fight It

    From the Website "Redstate" re: The WSJ's commentary on Burress

    "For Mr. Burress, there is obviously not much leeway for him to beat this case because of the law and Mayor Bloomberg is speaking out publicly to make an example of Burress. However, based on Heller, I would appeal this case on the grounds that the law is unconstitutional, agreeing with Kopel, because of his notoriety, he obtained a gun permit in Florida for protection, now that he lives and works in New Jersey and New York, he still maintains that notoriety and still will need a firearm for protection, especially in the biggest metropolis in the country. To discriminate against non-residents applying for a permit is unconstitutional. Also a little odd is that New York not recognizing the Florida issued permit, but to recognize out of state gay marriage, is a manipulation of the full faith and credit clause, Article IV, Section 1 of the Constitution. (I am not a savant in Constitutional law, but I assume states have the right to manipulate this, based that they are separate and sovereign entities)

    If New York had some sensible laws, Mr. Burress would have received his license to carry permit based on Florida giving it to him, background check, etc. Instead, he’s going to be fighting for his freedom because of New York’s discrimination, as well as personal stupidity"

    I liked the comment about how NY manipulates the "Full Faith & Credit Cause :D
  17. Frog48

    Frog48 Well-Known Member

    He was not "drunk".

    Was it a bad idea to drive while taking Xanax? Probably. However, the argument could be made that he was simply following doctor's orders. It does not absolve him of guilt, but it certainly makes the behavior understandable. Especially when you consider that he probably takes anti-anxiety and/or anti-depressant drugs BECAUSE of his heroic actions on 9/11.
  18. cassandrasdaddy

    cassandrasdaddy Well-Known Member

    However, the argument could be made that he was simply following doctor's orders.

    he needs to read the label on the bottle

    Q. Will Xanax affect my daily life?

    It will not disturb your daily routine once you are settled with the Xanax medication. Give a few days to accept the body and experience how you are reacting to the medicine. Avoid driving and operating risky machineries. Once you are sure, you will be able to get along with the medicine and follow your routine.
  19. Jim K

    Jim K Well-Known Member

    The best defense for Burress might be that the Mayor prejudiced the case with what amounted to an order to convict the football player, or else. At least a change of venue should be sought.

  20. Rifleman 173

    Rifleman 173 Well-Known Member

    Typical big city legal ploy it's full and technical name is, "Motion to Bribe the Judge." So what did his "honor" get? What do you think? $5K? More?

    An honest judge or politician, according to Robert Heinlein, is one that STAYS bought.

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