Comments on: Plaxico Burress’s Gun

By: Claude

Claude — Tue, 02 Dec 2008 18:36:11 +0000

New Jersey is a bit more fair, in that you generally have to be politically connected to get one — mere celebrity status is not sufficient.

How’s that more fair? I imagine the same is true for those seeking government employment.

By: Sebastian

Sebastian — Tue, 02 Dec 2008 18:34:49 +0000

No, they absolutely should not. You don’t want a Sullivan Act challenge to a guy who shot himself while carrying illegally. When looking to make Second Amendment cases that will create precedent for everyone, you have to be exceedingly careful in your choices of plaintiffs. Burress is about as far from the proper plaintiff as you can imagine, and this isn’t the right part of the Sullivan Act to challenge.

By: Hank Archer

Hank Archer — Tue, 02 Dec 2008 18:30:33 +0000

I think that there could be an opportunity for a favorable 2nd Amend court decision here. Apparently Bloomberg wants to throw the book at Burress, fines, jail, the works. Burress will of course be willing to fight this.

2nd Amend advocates should be contacting his attorneys with advice and information on tactics for fighting these charges — registration, non-residents having no legal access to self-defense, lack of reciprocity for other state CCWs (compare to drivers licenses — not a constitutionally protected right). I’m sure that those better informed than I can come up with more.

There’s a lot of upside here – well-known, likeable defendant with adequate financial resources for this kind of battle. He’s not charged with a “real” crime – he hurt no one but himself and that was accidentally.

By: Jake

Jake — Tue, 02 Dec 2008 02:02:40 +0000

I’d be willing to bet – with NYC’s gun laws being as restrictive as I keep hearing about – that his attorney is planning on throwing Heller and the 2A into the defense, too. The only questions are whether it will work, and how high in the court system he has to go to find out.

I hope it does work, but I don’t have much confidence because it’s New York City. I’m sure Bloomberg has already told all the judges how it’s going to work out.

By: Countertop

Countertop — Mon, 01 Dec 2008 23:20:48 +0000

He’s an ass. But he won’t be a felon. Dollars to donoughts, he pleads this out for some lesser misdemeanor along with a huge fine and community service.

No prosecutor is going to want to have to go before a NY jury on this. Think shades of OJ, Tawany Brawly, and Bernie Goetz.

By: Chuck B.

Chuck B. — Mon, 01 Dec 2008 23:04:39 +0000

If I had a 35-million-dollar salary and lived in Northern New Jersey, along with Superbowl-winner professional athlete status, you’d better believe that I would be using that kind of money and fame to bribe whoever it took to get myself a concealed carry license for both New Jersey and New York.

I’d also invest a few bucks in some decent concealed carry holsters, too. That’s what my guess would be as to how Plaxico’s troubles really began that fateful night in the Manhattan nightclub – he apparently thought that the elastic waistband of his sweatpants was enough to securely and reliably hold up the weight of a loaded .40 caliber subcompact Glock pistol.