Plaxico Burress arrest Unconstitutional

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If I were a judge, I'd be more likely to hand down a felony charge to one who would name their child "Plaxico" than to hand one down for carrying a weapon to protect themselves. However, I just talked to my wife, who is a lawyer, and she said that municipalities can have individual laws that can convict people of felonies.
 
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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Witnesses supposedly reported he was drinking, although what is unknown.
 
If I were a judge, I'd be more likely to hand down a felony charge to one who would name their child "Plaxico" than to hand one down for carrying a weapon to protect themselves.
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...and you would lose your job faster than you can say "Canons of Judicial Conduct". :)
 
It all boils down to one question.....

Does Plaxico Burress have the same Second Amendment right to keep and bear arms that all of us here at THR advocate and support?

Let's answer this question first.....then we can help him with proper gun-handling skills later....
 
@rscalzo

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.

Read the statutes

http://www.nraila.org/GunLaws/#?st=NJ

Feel free to peruse all of it on line at the NJ legislator site, you'll wnat to look at

2C:39-4 Possession of weapons for unlawful purposes.
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=601948&Depth=2&TD=WRAP&advquery=firearms&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={1A0D}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=

2C:39-5 Unlawful possession of weapons.
http://http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=601948&Depth=2&TD=WRAP&advquery=firearms&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={1A11}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=

2C:39-6 Exemptions.
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=601948&Depth=2&TD=WRAP&advquery=firearms&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={1A13}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=

2C:58-3 Purchase of firearms.
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=601948&Depth=2&TD=WRAP&advquery=firearms&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={1B82}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=

2C:58-3.1. Temporary transfer of firearms
http://http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=601948&Depth=2&TD=WRAP&advquery=firearms&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={1B84}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=

The list goes on.....

Unless you either live or have lived here and gone through the fun and games you have little real idea of just how controlled firearms are here.

We didn't get our number 2 rating from the Brady Campaign for nothing
 
Call it a bit of a devil's advocate, but in this case, isn't it possible for him to be a better constitutional case than somebody who's more lily-white?

IE if the court finds that HE had a right to carry, that more than covers all of us.
 
Once more, he allegedly violated a STATE law, not a local law in NY.

"Pierce won't be charged" The NYPD has impounded Pierce's SUV and is checking it for blood and any traces of the Glock. I wouldn't be too sure about his not being charged. If he picked up the gun and removed it from the scene as is thought, he's an accomplace to the crime since he didn't hand it over to the police.

"First offenders never go to jail" WRONG!! On a C Violent Felony, which he is charged with, twice, happens all the time. I see him pleading down to a D Fel., and getting a year, which is actually 8 months on Rikers Island. The case has gotten too much press now, and a judge would be worried about being excoriated by the press if he gave him probation. Not saying it's impossible, just doubtfull.

Not that an attorney with a client with deep pockets like him wouldn't love to go for a long, long, (expensive, expensive) trial. And a just as expensive appeal!
 
Burress has done nothing to help the cause of law abiding citizens who wish to carry responsibly, which means safely. While I do not like a lot of the laws relating to firearms that does not mean I should not suffer the consequences of being in violation if I decide to knowingly break the law. This case needs to run its course.
 
Yes the case needs to run it's course, (regardless of any contrary US Constitution RKBA's) state laws should be enforced. If there is another law for shooting yourself in the a$$ he should be prosecuted on that one to.
 
Nothing good can come from the Plaxico case for supporters of the Second Amendment.

He is a poster child for the anti-gun group. They will simply say that if a professional athlete with the hand eye coordination and manual dexterity to play wide receiver in the NFL can't handle a weapon, certainly no one else can either.

To make this case an opportunity to challenge the consitutionality of current NYC gun laws is a suicide mission, and will convert many "carry if you want to" people into "guns are bad" people.

This is a PR and public perception nightmare. In the battle to defend the 2nd Amendment, we occassionally have to sacrifice some combatants. Security initially told him he couldn't enter, he was drinking, no holster, he recently held out for more money because he wasn't getting paid enough by the Giants, he causes trouble on his team. And the most aggregious error? HE WORE SWEATPANTS IN A NYC NIGHTCLUB!!

Everyone needs to gently drop the discussion of Plaxico and the 2nd Amendment and slowly back away...
 
The only reason this made the news is because he is a professional football player.:rolleyes:

I feel sorry for the guy 'cause he shot himself but I don't think he should be facing a 3 1/2 yr. sentence for his mistake.

Never been there but from what I've heard about NYC, I would want to carry a gun too ! Only I have better sense than to carry in the waistband of my sweatpants !:what:

Before I read the entire story I just had a feeling that he was carrying a GLOCK!!!!!! :neener: Those things are just too dangerous for average people to carry safely !:p
 
Unless you either live or have lived here and gone through the fun and games you have little real idea of just how controlled firearms are here.
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Lived there and worked there as the Commander of the Patrol Division of a mid sized police department. The info comes from attendance at the seminars put on by the NJ State Police. If you read those statutes, none cover the possession of a legally owned firearm prior to becoming a resident.

2C:39-4 allpies only to criminal use. No criminal use in NJ.

2C58-3 Applies to purchasing a firearm. He didn't. He already owned it.

2C:58-3 There is NO transfer.

A FID card and/or Handgun Purchase Permit is needed for transaction in the state after becoming a resident.

And lastly, the NJ State Police has form S.P. 650 is available to anyone bringing in a legal firearm who wishes to have it listed in their file as a "owned" firearm.

Simply reading the states out of 2C does not work unless you take the time to read the case law and NJSP issued info that is behind those statutes.
 
Then the real issue is not the restrictive laws but the inconsistent or arbitrary enforcement or interpretation of the statutes?

My information was "confirmed" by the firearms and gang units of Jersey City, the NJSP and the firearms unit in Trenton when I raised the same question on behalf of a colleague of mine who was moving to NJ, less than a year ago.

In addition, on one occasion, whilst driving with a colleague from our homes to a range for target practice we were involved in small traffic ding where we were rear ended.

When the local PD arrived and they asked us where we were going we had to provide our FID's and our handguns were going to be seized and held until we could "prove" they were our property.

Being aware of the potential issues, this having happened to fellow shooters before, we both keep a photocopy of our Permits to Purchase for each handgun in the gun case. It was only after being held for another 30 minutes whilst this was "being checked" were we finally allowed to go on our way.

So, yes the laws are pushed as they are written, irrespective of the good practices that some PD's may follow.
 
Does Plaxico Burress have the same Second Amendment right to keep and bear arms that all of us here at THR advocate and support?
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IMO Yes, he had a right to protect himself, if he was snoggered the jail, but if he was just carrying obeying the law of reason I see no problem,
 
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You're right.

I don't know the man. I shouldn't call him a Thug.....or anything else, nothwithstanding my opinions regarding the fix that he got himself into. That was not in keeping with the spirit of "The High Road".

My apologies.
 
i guess this is one of those examples of a reason to carry without one chambered you guys are always asking for.
 
Plaxico Burress

Mayor Mike wants to make an example of Plaxico Burress, so Plaxico will either plan to spend alot of time in jail or fight.

This will be a very high profile case, if I was his lawyers I would dirctly attack the Sullican law both in the court of law and the court of public opinion.

NYC's Sullivan law conflicts with the 2nd, 9th and 14th amendments of the Constutitution.

If NYC uses Crunshiak in it's defense, Plaxico's lawyers can resort to racsim charges big time.

I don't know Plaxico, perhaps he has "Jock Attitude". My gut is telling me he is having serious "Wake up" right now, a life changing event.

We can snipe at him or we can help him.

He is guilty of stupidy and he is lucky he didn't blow off the family jewels, or maybe he did, but it didn't make the press:what:

If any of you has access to people in the NFL players association or to his lawyers, you need to step up.

Plaxico is not the ideal plantiff, but he has something most gun plantiffs don't have, MONEY.

Think about that.

Nicki
 
I think Bloomberg wants to make an example out of him for a few very simple reasons.

A) Having been a Florida CCW holder, he should know better.
B) Having the resources he has, he has little need to go this route.
C) Given A and B - his actions make for a pretty compelling argument that he held a mentality that he was above the law, or at a very minimum - that he could get away with it regardless.
D) Because of his celebrity status, and because there's this perception that money and fame can buy you out of trouble, he wants to show that the law is equal - and if you break the law, it doesn't matter who you are.

Might get me flamed, but I have to side with the Mayor on this one. Guy should know better. He CHOSE to do something he knew was wrong, and got burned in the process. Don't go after him harder then you might other people, but not any less then anyone else either.
He's definitely not a person I would go out of my way to defend. Stand up and defend people who got into a bad situation through no negligence or deliberate fault of their own. People who act dumb and stupid and find themselves in trouble? Sorry man, you made your bed...

NYC has back-asswords gun laws precisely due to the possibility of situations like this taking place. Plaxico isn't the victim of unfortunate circumstance, he's the reason why idiots in places like NYC make bad laws in the first place. I for one am not going to defend people making bad decisions, and putting people's lives at risk in the process.
 
Carlos Cabeza said "Never been there, but from what I've heard about NYC I would want to carry a gun too!"

Maybe you heard wrong and should do something about your city, Oklahoma City, OK first.

According to the last full year, 2007, there are stats for, your's was quite a bit more dangerous than NYC.

You had 851 violent crimes , and 11 homocides per 100K residents.

NYC was well below that with 614 and 6.

That put NYC down the list at 51, quite a bit down from OK City, OK.

So much for "what I've heard".

As far as Glocks being unsafe, my agency carries them exclusively, and we've had no problems. Of course we cheat by using holsters!

I'd invite you to come see and enjoy NYC for yourself.
 
NYC has back-asswords gun laws precisely due to the possibility of situations like this taking place. Plaxico isn't the victim of unfortunate circumstance, he's the reason why idiots in places like NYC make bad laws in the first place. I for one am not going to defend people making bad decisions, and putting people's lives at risk in the process.
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Advocates of "back-asswords gun laws" think we can substitute material things for human self-control, but this approach won't wash. It is the human moral will that saves us from violence, not the presence or absence of weapons. We should reject utterly the absurd theory that weapons are the cause of violence.

Their "solution" implies that we can trust government with a monopoly on guns, even though we cannot trust ourselves with them. This is not a "solution" I trust.
 
All said and done...Plaxico Burress is an idiot!!!
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thank you.

yes he has the right to protect himself as do the rest of us.

i dont carry my pistol places where it is unlawful to do so.

he did.

if he is so worried about his safety, then why is he in a new york night club.

the guy is a moron and a menace to society.

you do not carry firearms into establishments whos biz is getting folks drunk.

its stupid.
 
I just have to say this because this has always bothered me. If you're carrying a piece in your waistband, shouldn't you be afraid of an accidental discharge hitting something a little more valuable than your leg?
 
The bottom line is he willingly and in full knowledge of the Law, Broke The Law. I will not argue the fact that the law is unconstitutional. That is not the particular of this case. Making him a martyr for the cause of Firearms Rights in not justified in this case.
As a resident of Minnesota we had a horrid system to Legally carry a firearm. It was finally changed by hard work and a lot of Lobbying and voting by Law abiding firearms owners. Until the law changed I had to abide the law like everyone else. To break the law would have risked my ability to own any firearm what so ever. I advocated and voted for the change and now have the privilege to own and if I choose carry a firearm at MY discretion not the governments.
Why should I have any pity for a celebrity of any kind who chooses to think the law does not apply to them?
Be a citizen, and act like a citizen or have the rights and privileges of citizenship removed.
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You sir are the Problem and not the Solution.
 
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