Plaxico Burress arrest Unconstitutional

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Regarding the 2A issue, understand that you're asking Plaxico to fund that issue from jail. Otherwise, an outside funding source will have to bank roll the 2A issue. Are you willing to send in donations? If not, others probably won't either.

Regardless, this case will never turn into a win for gun rights advocates. Too much messiness surrounds Plaxico.

In contrast, Heller barely made it to the Supreme Court. Meanwhile, Heller was the best of several handpicked plaintiff candidates. Heller had a nearly perfect fact pattern and was the brainchild of the master attorney Robert A. Levy.
 
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No one can prove the handgun was ever carried in violation in NJ. Attempting to charge someone with a crime from newspaper articles is poor law. Mear possession in NJ without a FID card is legal if that person is not prohibited under NJ law and aquired the handgun legally in his former state of residence

Not actually fully correct.

Quote from the legislation.

It is unlawful to sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under New Jersey law or has first secured a Permit to Purchase a handgun

To get one of the Permits to Purchase you need a FID as well.

Even bringing a legally purchased elsewhere handgun in state requires that you first get a FID and then a Permit to Purchase for each handgun AND transact through an FFL.

No FID, no PtP = illegal handgun

Only other exception is if you inherit it upon the death of the owner

Right, thats the law on ownership out of the way.

Next you are only allowed the handgun at

Either at home or a place of legal shooting such as a range or secured and going directly to of from a place of legal shooting, there or back directly, no diversions

Or via FOPA to and from another state where it is legal to posses.

Or going to a sanctioned match

Going to a club in another state does not meet any of the limited exceptions.

In addition he was not transporting the handgun in any of the approved manners, locked, in a case or in the trunk of a vehicle, unloaded etc etc etc.

NJ does not distinguish between open or concealed carry, carrying in any manner without a CCW is illegal.

Since he shot himself with a weapon he openly announced to the door staff he's got no probability of avoiding the NJ statutes, assuming that NJ just let the NYC''s Sullivan laws beat the weight and decline to prosecute.
 
This entire mess is bad news for law abiding gun owners and just plays right into the hands of the Huffington Press type lefties. They'll carefully manage the story to reinforce their arguement that stronger restrictions are needed to protect the populace from their stupid selves. With idiots like Burris out there making stupid mistakes like this, we don't stand a chance. This is just one more nail in the 2A coffin - thanks Plex (you A-hole!).
 
A few misconceptions.

The law against possession IS a state law, not a local law. The issuance of permits is local.

There is no prohibition in NYS against carrying where alcohol is served.

Wearing sweat pants (and no holster) to a nightclub only reinforces my belief that no matter how much money you make, you can still be a moron, and should be a crime.
 
If you want a project case pick one where a poor old lady kills a thug climbing thru the window.

Plaxico should be prosecuted just for being stupid.
 
Stupid

It is not too smart to illegally possess a handgun in NY. I don't agree with the law, but i wouldn't risk a felony conviction for possessing one in that state. It's so not worth it. The only reason i'd bring a handgun to NY is for an NRA sanctioned match....that is the only legal way i can. If i can't...I'd bring a long gun for say hotel protection...which is legal for non residents.

I wonder what kind of fine you'd get in New Jersey for carrying without a license? Probably be put through the ringer there too.

This guy (overpaid athlete) has the money to hire off duty NYPD and New Jersey police if he really wanted to. That would have been the better route than illegally possessing a handgun in NY and probably illegally carrying in New Jersey. He puts the icing on the cake when he carries a Glock in his sweatpants with no holster! He could have been intoxicated too. There are so many wrongs with this....it is hard to have sympathy except I hope he gets well from shooting himself.
 
It just amazes me how someone who has so much going for them can throw it all away. This isn't the first time he has done something very stupid.
 
he is an idiot.

the second amendment is to insure that responsible folks have the right to keep and bear arms.

not plaxico burris.

we should hope he gets the prison term before he does something else that benefits the antis even more.
 
He's a Thug.

And a dumb one at that.
Do you honestly think he gives a d__n whether ANY law is unconstitutional or not?

He doesn't give a fig for any law. Period.

Oh, and this just in, Jerry Jones is all excited. It seems there's going to be another convict he can draft.
 
about dumb plaxio

He had the gun illegaly...... It doesn't matter whether the gun was in his waist,in a holster or up his you know what.The gun was illegal.He did not have a license for it.If I pull something stupid like that the judge will lock me up and throw away the key..There is an Old Saying "Don't do the crime if you can't do the time" Nuff said
 
I have personally met Plaxico Burress while a student at MSU and can say he is not a "thug"

I can say that arbitrarily calling him a "thug" and saying he was carrying his Glock "Mexican" style calls into question something much greater than a high profile sports star thinking he needs to protect himself and violating the law in the process.

If you look at the news around the athletes it seems they bring themselves into harms way inadvertantly more often than seems proportional.

Some players understand the need to be defensive.

Donovan McNabb, the quarterback of the Philadelphia Eagles said he does not carry a gun, but understands why some do.

Eli Manning, New York Giants’ Quarterback: “If someone wants to get to you, they can, and you start feeling a little scared.“

Jacksonville Jaguars’ offensive lineman Richard Collier’s career ended after he suffered multiple gunshot wounds outside his home, earlier this season. Darrent Williams, a running back for the Denver Broncos, was shot to death last year on New Year’s Day. And Steve Smith, the Giants’ wide receiver, slated to replace Burress, was recently mugged outside his home.

Maybe my viewpoint is slanted. Do you know how many celebrities get caught with an illegal gun on them every year. Too many to count. Start talking about them too. In the end though it really is all of them that give the antis their ammo.
 
If you look at the news around the athletes it seems they bring themselves into harms way inadvertantly more often than seems proportional.
Click to expand...

I don't think this was inadvertent at all. I mean, we talk about that on this forum fairly regularly. How can you best protect yourself from a dangerous situation? Avoid the situation in the first place.
This was an instance where the man went to a club where he admittedly did not feel safe unless he was armed. That just doesn't make sense. I mean, would you do that? "I want to go drinkin, so I'm going to pick a club where I might get robbed, so I better bring my gun...." :confused:

If you're really that concerned about your safety, then be concerned about your safety. Choosing to go somewhere that you feel threatened shows a lack of that concern.
 
There's an awful lot of name-calling in this thread.

Why?

Would you feel the same if it was your next door neighbor? Would you call him the same names?

Would you abuse him like this to his face, or only on an Internet forum?
 
It is unlawful to sell, give, transfer, assign or otherwise dispose of, or receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under New Jersey law or has first secured a Permit to Purchase a handgun
Click to expand...

I don't know where you are getting your info, but it is wrong. Bringing a firearm in from out of state, youy are not aquiring that firearm. you possessed it prior to becoming a state resident. Just as there is not requirement to carry a sFID card while in possession of legal firearms. the problem with NJ residents is that they read too much into the laws.

If you have a question, contact the NJ State Police firearms Division. That is where we get our info when answering questions concerning firearms. As yoy said yourself, why wouyld aquiring a firearm through a inheritence be different than be a prior owner and moving into the state. One of the reason I became involved in this question was due to a inheritence by a town resident. A long conversation with the state cleared it up.

As far as Pierce's involvement, NJ isn't going to do anything. They have zero proof. Who besides himself knew how the handgun got back to NJ? I doubt he will testify against himself. As these people are not going to have a overworked public defender but a top notch highly paid lawyer, nothing will be left to chance. Knowing and proving are two totally different things.

One other area. Possession of a handgun is also permitted in your place of employemnt. Carrying a legal firearm concealed in also legal in your place of employment.

As far as Plexico being a thug, some get too cuaght up in this. As far as I know, he has never been involved in any serious criminal activities. How does he become a "thug" ? A stupid decision to shoot himself? An idiot yes. Thug? Not so much.

Plexico isn't going to try and overturn anything. As a first offender, he will not do any jail time. No one in NY does jail time for a first offense if they have no priors.

If you look at the news around the athletes it seems they bring themselves into harms way inadvertantly more often than seems proportional.
Click to expand...
Because high profile people are news. The average guy shooting himself in a bar doesn't even make the local papers.
 
Could somebody site for me the last time legislation was passed that had any interest in the Constitution? Why does everyone just get hung up on the 2nd amendment? Take a look through the bill of rights when you get the chance. It's a beautiful document. But not one single right in that document still exists as it's drafters intended today. Doesn't matter if you vote Democrat or Republican. Everyone needs to understand that regardless of nomenclature or geographic location, WE NO LONGER LIVE IN THE UNITED STATES OF AMERICA as drafted by our founding fathers. We live in a capitalist socialism that exists between the Pacific and Atlantic oceans. It could be much worse. Modern politicians simply react to the world as we currently know it. The Constitution is dead, has been for decades. Take advantage of what "CURRENT LEGAL" rights you have while you can. We still have it better than almost everyone else.
 
NYC's gun laws are unconstitutional period. Washington D.C. had similar laws as NYC if I'm not mistaken and D.C.'s laws got overturned. However, Buress still should not get off the hook.

In Virginia where I live, we enjoy relatively low restrictions on our firearms, but he still would have been charged for unlawfully concealing a firearm(no concealed permit), and concealing a weapon in an establishment where alcohol is consumed on site(in VA, you can only open carry at such establishments, though most night clubs will not permit weapon on site period).
 
The general attitude of the NFL and major news media is that because guns are inherently dangerous, and some people are idiots, that no one except the authorities should be allowed to go about armed. In other words, because some people are incompetent, EVERYONE should be treated as incompetent and prohibited the use of handguns.

Did Plaxico Burrus have an unalienable right to carry a gun without permission from the state? I believe he did, at least until he proved himself incompetent last Saturday night. Did he have a right to handle a loaded gun in public while intoxicated? Absolutely not. I'm not saying he was drunk, but if he were that would be tantamount to driving drunk as it endangers others.

Collectivists don't recognize principles or even individual circumstances, they only see groups. Statistically, people as a group are safer not owning firearms. Never mind that some people are perfectly safe handling guns and actually know more about them than the people making and enforcing the laws. They only see what is best for the group in general.
if no one owned a gun, there would be no more gun accidents.
"If it saves just one child...." Sound familiar? Preventative laws treat everyone like criminals in a catch all effort to stop the behavior of an irresponsible few.

Anytime you are seen as part of a group, you are seen as no more competent than the least member of that group.
 
NYC's gun laws are unconstitutional period. Washington D.C. had similar laws as NYC if I'm not mistaken and D.C.'s laws got overturned. However, Buress still should not get off the hook.

In Virginia where I live, we enjoy relatively low restrictions on our firearms, but he still would have been charged for unlawfully concealing a firearm(no concealed permit), and concealing a weapon in an establishment where alcohol is consumed on site(in VA, you can only open carry at such establishments, though most night clubs will not permit weapon on site period).
Click to expand...

NYC's laws don't prohibit you from owning a gun, or even carrying a gun.
You are more then welcome to apply for a CCW in NYC.

just don't hold your breath...
 
FlyinBrian said:
the second amendment is to insure that responsible folks have the right to keep and bear arms.
Click to expand...

Be careful. Anti-gun people could have a field day with that open language if that's the ground you're willing to concede. The moment you're "irresponsible" with a gun, boom, that means there's no 2A rights for you.

Anyway, what you said is not the purpose of the Second Amendment. Thank God.
 
I'm not a big sports fan, but I feel like there's something that's remaining unsaid in this thread.

Plaxico Burress, though I've never heard of him until recently, is a prominent and high profile athlete, instantly recognized by football fans across the US.

Whether this man goes to a shopping mall or nightclub, it can be assumed that he has scores of people surrounding him constantly, asking for autographs, signatures, and so forth. Teenagers follow his car around, and he assuredly gets mobbed in public places.

Mr. Burress is an American citizen, and he has a right to protect himself.

Now if I travel to another state, I'll do some research . If I'm driving, I'll find out what the state laws are and carry accordingly.

However, in my profession, I don't travel to a different state every day or two.

If I did travel in this type of capacity, AND I had hordes of people surrounding me everywhere I went, I would consider it to be prudent to carry everywhere ,regardless of state law. The fact that he is a wealthy celebrity could definitely make him a target to some.

Here's a few 'Wait a minute's."...

1) I think the 'sweatpants' thing just can't be right. Who claims he was wearing sweatpants? Even as a professional basketball player, he took the time to go through a CCW course so that he could legally carry.

2) Since the man was in a nightclub, can we or the media automatically assume that he was drinking? I've only heard assumptions.
 
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