Plaxico Burress

[wbraswell]

Let me start by saying that I am not a Giants fan or a Burress fan at all. Am I the only person who sees how moronic the NY gun laws are? This guy does something very, very stupid by carrying a gun, he obviously doesn't know how to handle, into a bar. He then accidently shoots himself. Dumb, dumb, dumb. Inches either way, and someone innocent gets shot, or he bleeds to death. No defense for his action. But the state, and their local pols want him to serve prison time. Make an example of him. While yes, PB is stupid, I don't think he is evil. He has already been publicly ridiculed, and has lost m-m-m-millions of dollars, since the Giants cut him loose. I would think that the state of New York could find a much more deserving tenant for that cell than a wayward young man who did something stupid. Probation, of course. Public service, yes. Maximum fine, yes. Prison and felony conviction just seem absurd to me. In Texas, I don't think unlawful carry and discharging a firearm in a public place is going to be that big a deal. And I don't know if shooting yourself is actually a crime. I'd rather see Bloomburg locked up, instead.

 

[G-Mac]

I disagree

Hi wbraswell,

As a Texan, I see your point...your gun laws are much more lenient than ours here in New York.

However, in New York State, you need a permit to buy a handgun...and you need a carry permit to carry. Not all permits are carry permits. Some are "hunting/target shooting" only...others are "premises" permits, etc. It's up to the County Judges (the one that signs off on your permit) discretion what kind of permit you get.

No New York State pistol permit is valid in New York City....unless permission is given by the Police Commissioner of that city...says so right on the permit.

So, Mr. Dumbass Football Player not only had a handgun with no permit (bad anywhere in the state) he was in New York City with said gun...a place that permit holders cannot even carry.

Screw him. Law abiding citizens have to jump through hoops to get a New York State pistol permit...photos, fingerprints, references, background check, and must list reasons they want a permit...it ain't cheap and it takes months of waiting time.

He should be treated like anybody else if they did the same thing.

 

[davidenorth]

Hi wbraswell,

As a Texan, I see your point...your gun laws are much more lenient than ours here in New York.

However, in New York State, you need a permit to buy a handgun...and you need a carry permit to carry. Not all permits are carry permits. Some are "hunting/target shooting" only...others are "premises" permits, etc. It's up to the County Judges (the one that signs off on your permit) discretion what kind of permit you get.

No New York State pistol permit is valid in New York City....unless permission is given by the Police Commissioner of that city...says so right on the permit.

So, Mr. Dumbass Football Player not only had a handgun with no permit (bad anywhere in the state) he was in New York City with said gun...a place that permit holders cannot even carry.

Screw him. Law abiding citizens have to jump through hoops to get a New York State pistol permit...photos, fingerprints, references, background check, and must list reasons they want a permit...it ain't cheap and it takes months of waiting time.

He should be treated like anybody else if they did the same thing.

Ditto, go to jail do not pass go, do not collect $200.00

 

[Big Foot]

New York has the right idea....A message for others.....I have no sympathy for the dumb-butt....

 

[gizamo]

Plaxico on the subject of Gun Safety...

YouTube - Plaxico Burress On Gun Safety


giz

 

[wbraswell]

What I'm saying is that he's not being dealt with like anyone else. Would Bloomburg be after him if he was a regular citizen? He's being used as a whipping boy by the anti-gunners. I know regular citizens that have done what he did have served time, but that's not right either. Prison should be for bad guys, who don't learn. I don't think he's criminal, he was just young,dumb, and careless. I know when I was younger, I carried a gun a few places that the public wouldn't have been too sympathetic. Drove a car a few times in a wreckless manner, and possibly under the influence of foreign substances. Luckily I never hurt anyone. I've been young, dumb, and careless, and I think most of us have been at one time or another, and probably the rest of us are liars or very dull. When I was caught, I was punished, but not sent to jail. (at least not over a weekend)The embarrassment was as bad as any of it. Thank God I can still vote and own guns.

 

[Camster]

As a New Yorker,the law is the law,send him to jail for at least the specified minimum one year non negotiable term.
Totally brazen to be packin' here when I'm sure he was familiar with the city law-the state law is also clear that it's a no-no to be in a bar area.
These are the type of characters that give the rest of us a bad name.

 

[45stops-em-quick]

Here's the real reason that Plaxico will go to jail if convicted. He didn't accept the DA office's plea agreement, which would have allowed him to cop to a different charge. If he's convicted of the crime that he's been indicted for, the law in New York state doesn't allow any punishment less than 3.5 years in prison. The judge has no option, other than handing out a longer sentence. Bloomberg(much as I hate him as well) has nothing to do with this, this is a New York state law, that would get someone walking around the Adirondack wilderness with a loaded 8 3/8" barreled .44 magnum in just as much trouble, and the same sentence, if they didn't have a NY pistol license, or a LE exemption.

 

[45stops-em-quick]

As a New Yorker,the law is the law,send him to jail for at least the specified minimum one year non negotiable term.
Totally brazen to be packin' here when I'm sure he was familiar with the city law-the state law is also clear that it's a no-no to be in a bar area.
These are the type of characters that give the rest of us a bad name.

Plaxico was not and is not a New Yorker, he lived in New Jersey at the time, and in Florida previously. As for the laws, if he wasn't already aware, he is now, however, NY state law makes no mention of carrying a firearm(with a license, or on the shield) in a "bar area".

 

[Camster]

Jerseyites are generally aware of NYC pistol regs,they differ little from the stringent laws of that state.I haven't made note of one recently,but there were signs stating one year madatory jail time for illegal possession of a handguns at all state entry points.
I do not have a NY carry permit,only a "target" permit like most of us here.If I am driving to a range,I am permitted to stop for a meal,to have my unloaded guns in a range bag,etc.with me for safekeeping,but may not enter a bar area.

 

[Spotteddog]

Thanks Giz!
I'd lost that link!

 

[45stops-em-quick]

Jerseyites are generally aware of NYC pistol regs,they differ little from the stringent laws of that state.I haven't made note of one recently,but there were signs stating one year madatory jail time for illegal possession of a handguns at all state entry points.
I do not have a NY carry permit,only a "target" permit like most of us here.If I am driving to a range,I am permitted to stop for a meal,to have my unloaded guns in a range bag,etc.with me for safekeeping,but may not enter a bar area.

That's NYC, then, the state laws don't mention bars, and any restrictions on a carry permit are not legally binding, just a matter between the judge and the permitee. He can pull a permit for violating his personal restrictions, but you can't be arrested.

 

[Cruiser RN]

The Kingdom of NY City isn't the issue,nor is Bloomberg,it is Buress who broke the law and shot himself out of stupidity.If I go into the Kingdom of NY City with my NY State handgun license and my gun I will loose my license and possibly be arrested.He already had preferential treatment in so much as he hasn't seen the inside of a jail cell yet.Any "Normal Person" will get three years for criminal possession of a firearm.Why the hell should he be different because he can catch the football?????......God Bless.......Mike

 

[Zackary]

As a fellow New Yorker and a handgun owner, I agree completely with Camster. The handgun laws in New York are extremely strict. I don't agree with all of them, but it's the law. Just because you're a "celebrity" doesn't put you above the law. He knew carrying a concealed, loaded semi-automatic pistol in a bar in NYC was illegal. He didn't care. Bye bye PB.

 

[SWBV]

If it was you or me! JAIL.

 

[adwjc]

Also Overlooked

is the fact that he brought the gun, in his waistband, from NJ, where it was also illegal.

He at one time had a Florida CCW, but that was expired.
This guy is an all around screwup.

He wanted to play the "thug" and he (no pun intended) blew it!

Time to pay the piper, which at his multimillion dollar level, he can well afford.

Every living, breathing gun owner knows NYC is the last place to get in a jam with a handgun.

No sympathy.

 

[Spotteddog]

I'd submit that it's New York/Chicago for a photo finish...

 

[Camster]

"Gangsta style" illegal where he lived-no reason it would be different this side of the river.

 

[peyton]

Sports Illustrated has these comments.
Prison likely for former Giant Plaxico Burress - Michael McCann - SI.com
This was at the end of the article

"Today's indictment is a victory for Manhattan district attorney Robert Morgenthau and New York City Mayor Michael Bloomberg, who has repeatedly advocated that Burress be prosecuted to the fullest extent of the law. It is similarly a victory for gun control advocates and for those who believe that athletes and celebrities should not receive preferential treatment.

Although Burress faces the minimum sentence, prosecutors appear willing to accept a plea deal whereby Burress, a first-time offender, would plead guilty to a lesser offense and thus be sentenced to a shorter period behind bars. It is thought that prosecutors would agree to a two-year prison sentence, which, with good behavior and other factors, Burress might be able to shorten by several months. Still, absent a more successful Hail Mary attempt in a trial, it appears certain that Burress will be headed to prison.

Although unlikely, the trial version of a Hail Mary could come in the form of a constitutional challenge to New York law. Last year, in District of Columbia v. Heller, the U.S. Supreme Court held that the Second Amendment guarantees the right of individual U.S. citizens to keep and bear arms while at home. On the surface, it seems unlikely that Burress' legal team could use Heller to argue that New York's law also violates the Second Amendment. Heller concerned a Washington D.C. prohibition on owning certain firearms -- including in one's home -- whereas New York's law concerns possession of certain firearms outside of one's home (or place of business). Still, Burress may contend that his situation is not so dissimilar from the legal challenge brought in 2003 by D.C. resident Dick Heller. Burress could assert that both he and Heller were merely exercising their right to bear arms under the Second Amendment.

While a constitutional law case emanating from Burress' legal woes might be engaging to imagine, it remains far-fetched. The more plausible scenario is that Burress will be spending time behind bars."

Besides the fact that Burress is the worst case for stupidity, New York's gun laws need to be challenged.

 

[4inch357]

Yep, Burris is a fool. Carrying a Glock w/o a holster (and a good belt) is just asking for trouble. He broke the law and I don't see any outcome except heading for the graybar hotel. Having said that NYC and NJ and all the rest of these states with these restrictive and in my opinion unconstitutional laws are a disgrace.