Plaxico: Jail or No?

[XMil]

I don't care how ridiculous NY's gun laws are - can anyone seriously condone this behavior? He was completely irresponsible and any legitimate gun owner should be offended by his conduct.

The only thing I can think to condemn him for is unsafe gun handling. I think it's possible that this could have been avoided if he wasn't having to sneak around to exercise his "God" given right to self defense and the supposed constitutional protection thereof.

As is stands, he may not be able to openly talk about it, as in some circles it is a taboo subject, and would be met with the same response if asked how to arrange a skinny-dipping party with a bunch of 15 year old girls.

The various govt. agencies love to run PSAs. IMHO, the money being spent to arrest, convict and detain people would be better spent with some PSAs about safe gun handling, and the value of training.

Wouldn't it be better if the NYC PD had the budget that is now wasted on the man-hours and staff needed to criminalize people for exercising their rights, to have open range days at the police range to show people how to safely handle guns?

The only thing he should be convicted of is reckless endangerment, because he could have a killed somebody.

 

[Timjoebillybob]

Famous or not, this is unfortunate. The only thing he's been found guilty of is impersonating a free citizen.

Nah he is also guilty of impersonating a LEO
[ame=http://www.youtube.com/watch?v=pj4yUpR1PB0]YouTube - DEA Agent Shoots Himself[/ame]

Let's review. He took a gun into a night club - with no license to carry - without a holster, tucked into the waistband of his pants. As he was walking up some stairs, his unsecured pistol started falling down his pant leg, so he reached down to "catch" it and inadvertently pulled the trigger and shot himself. He was then charged with illegal possession of a handgun.

I don't care how ridiculous NY's gun laws are - can anyone seriously condone this behavior? He was completely irresponsible and any legitimate gun owner should be offended by his conduct.

Carrying into a nightclub, I see no problem with. License? He shouldn't need one. Holster? yeah you got me there. Although I have been guilty of it myself, not wearing the holster in the car, and run into a gas station since I can't leave it in the car with my wife or son.

The "law" is wrong in that he should not have had to conceal it to carry it, nor register it, nor have a permit for it. How it came to the attention of "authorities" is immaterial.

I cannot find it, but I recall a quote, I believe from a Supreme Court Justice, to the effect that something with the color of law that violates the Constitution is not a law at all. If that was being practiced, there would be no argument, no arrest, no trial, conviction, or jail time, because if he had chosen to carry, there would be no law restricting his right to do so.

Any quote experts out there recall the one I referenced?

Blessings,
Bill

While not a quote expert. This one?

[FONT=Arial,Helvetica,sans-serif]Marbury v. Madison, 5 US 137,(1803) "The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law."[/FONT]

Or this?

[FONT=Arial,Helvetica,sans-serif]Norton v. Shelby County, 118 U.S. 425, (1886) "An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."[/FONT]

 

[Dryden]

If Burris was charged with something like unlawful discharge of a firearm and given a two year sentence, I would be fine with that outcome. It is the use of the already unconstitutional "unlawful possession" law that makes me want to jump out of my skin. A law that would apply to any otherwise legal gun owner in New York City

It just makes my head spin.

There's another fallacy. NOBODY but politicians, movie stars and Million $ campaign donators are able to get a CITY permit. AND to own a handgun, you must first have a permit...see how they got ya by the short hairs?
P.S.: One of the most anti-gun newspapers owner (Authur Sultzburg Jr., NY Times) has a permit....but your average citizen is defenseless. How's that for hypocrisy???

 

[Phil502]

He was wrong, he got time. The pistol discharges in public, pretty stupid. Having 1 million Plaxo's carrying weapons in New York is not going to change things for the better. I don't mind having a license to carry, too many nut-jobs out there to be carrying without some kind of REASONABLE check.

Do I think New Yorks gun laws are wrong, yes of course because you can't reasonably get a permit. I don't think that excuses him though and I'll bet he don't really serve the whole minimum, there will be a hole somewhere for him to squeeze through even if it means public service of some sort.

How many times on here does the question "I don't have a permit can I still go to the range?" come up? What is the most popular answer? The answer is NO don't chance it. This moron carries into a nightclub and discharges it into his pants (sounds funny don't it) WTF?

 

[rambone]

FREE PLAXICO

Dumb, yes. Criminal, no.

He should have worn an IWB holster. That is my only gripe. A reasonable sentence would be a couple months for being reckless. Not 2 years in prison.

Maybe we should write him some letters in PRISON and ask him to speak out on behalf of gun-owners, to help get this law changed? Maybe he can use his fame and notoriety to get some attention drawn to this awful law.

Do you guys think Plaxico Burress goes and robs liquor stores when he's not winning Superbowls? His fame brings him more heat than any of us could probably understand. And WE think we need to protect ourselves? Try being recognized every time you step out the door. Instead of living as a shut in, or risking his life, he decided to exercise his right to self-defense.

Don't think NFL Players are targets? Think again.

Eagles' Jerome McDougle Shot in Stomach by Armed Robbers, July 2005

Broncos' Darrent Williams Killed in Drive-By Shooting, Jan 2007

Redskins' Sean Taylor Killed During Home Invasion, Nov 2007

Raiders' Javon Walker Beaten Unconscious in Las Vegas Mugging, June 2008

Jaguars' Richard Collier Paralyzed, Loses Left Leg After Shot 14 Times, Sept 2008

Titans' Steve McNair Executed in Home, July 2009

Chargers' Curtis Brinkley Shot at Intersection, July 2009

Giants' Plaxico Burress Sentenced to 2 Years For Protecting Himself, Aug 2009
​

When free speech is outlawed will you guys throw in the towel and say "they got what they deserved!" when someone continues to exercise their God-given, Constitutionally-enumerated rights? What about the rest of our rights? You may not find this egregious enough to be "up in arms," but to applaud the tyrants of NYC? To condone tyranny? What part of "shall not be infringed" do you reject?

What God-giveth, let no man taketh away.

 

[Phil502]

That goes both ways here is the official criminal line-up of the NFL.

the Phat Phree ~ Target.Observe.Ridicule

If Plaxo is not safe in New York without a pistol, then he should not go there, if he wants to change the law, use money and influence and his fame to help change it, not shoot himself in the leg and be damn lucky no one got hurt in a crowded nightclub.

 

[kludge]

How many times on here does the question "I don't have a permit can I still go to the range?" come up? What is the most popular answer? The answer is NO don't chance it.

Another law that should be removed from the books, IMO. Banning law abiding citizens from taking their gun to the range while locked in the trunk of their car serves no useful purpose, nor does it enhance public safety in any way.

Making someone a potential felon (second offense) is ASININE!

In fact "allowing" people to due so reduces the risk to themselves and others in case they need to use it someday in self-defense.

 

[dbd870]

He should not be charged with anything for carrying the gun - as far as I'm concerned the 2nd amendment is all he needs. If he is going to be charged it should be for being reckless with the thing.

 

[Phil502]

For those asking, the Grand Jury indictment is here and it includes reckless endangerment. It also looks like he had a Glock .40

Ex-Giant Plaxico Burress Pleads Guilty in N.Y.C. Gun Case - Criminal Law - CourtSide

I am no lawyer but he pleaded it down as far as he can, like a lot of cases a guilty plea can bring up lesser/different charges that don't reflect what actually happened.

 

[ihateiraq]

do some research on plaxico burress. he has a history of not caring about the law. nothing major, but theres definitely a pattern.

 

[Dryden]

Reposted from another thread on the same topic:

Last year, Keyshawn Johnson told the story of when he was getting a haircut, a guy walked up behind him and stuck a gun in Keyshawn's ear. He said that all he could think of was that this guy was going to kill him right in front of his son.
He told this story as an example of how Pro athletes have become targets and that many are arming themselves. He was not in a bar, in a club, on the street corner, at a party... he was just getting his hair cut.

Plaxico is another story altogether.

 

[Griffeycom]

Does anyone know what kind of gun it was.
It would have had to be a revolver, glock, XD, or something without a safety.
Carrying that in your waistband is DUMB

Probably not a Glock or xD as they are designed to be dropped and not fire. While it can probably happen, I'm thinking it probably wasn't a glock/xD.

 

[Phil502]

Probably not a Glock or xD as they are designed to be dropped and not fire. While it can probably happen, I'm thinking it probably wasn't a glock/xD.

It was a Glock .40 according to this story, it was not dropped, it slid down his leg and he pulled the trigger while trying to grab it.

Ex-Giant Plaxico Burress Pleads Guilty in N.Y.C. Gun Case - Criminal Law - CourtSide

 

[sig-sweet]

It was a Glock .40 according to this story, it was not dropped, it slid down his leg and he pulled the trigger while trying to grab it.

Nice hands........

 

[public servant]

Nice hands........

Yeah...you'd think a guy with 500+ career receptions wouldn't have let that one slip away.

FUMBLE!!!!

 

[cklein6576]

no jail for the gun charge, jail for putting that thing in your sweatpants w/o a holster.