Plax; stupidity is a crime?

[Larry Gude]

NYC has hard core anti 2a laws. Plax, famously, thugged himself in public. He started TWO YEARS in jail yesterday for it.

It doesn't matter what you think of spoiled pro jocks who are also rather...dumb. It is still, in my view, INSANE for anyone to go to jail for keeping and bearing a firearm. That is flat out, 100% unconstitutional.

As for the shooting, all he had to do was drop the charges!

 

[donbarzini]

NYC has hard core anti 2a laws. Plax, famously, thugged himself in public. He started TWO YEARS in jail yesterday for it.

It doesn't matter what you think of spoiled pro jocks who are also rather...dumb. It is still, in my view, INSANE for anyone to go to jail for keeping and bearing a firearm. That is flat out, 100% unconstitutional.

As for the shooting, all he had to do was drop the charges!

He's afraid to DROP anything. After all, what happened when he dropped the gun?

 

[Otter]

NYC has hard core anti 2a laws. Plax, famously, thugged himself in public. He started TWO YEARS in jail yesterday for it.

It doesn't matter what you think of spoiled pro jocks who are also rather...dumb. It is still, in my view, INSANE for anyone to go to jail for keeping and bearing a firearm. That is flat out, 100% unconstitutional.

As for the shooting, all he had to do was drop the charges!

Yeah, 2 yrs for being dumb is pretty severe..23 months would have been better. No matter, the law was on the books, was the prosecutor supposed to ignore it because of Burrows stupidity? You think its insane to go to jail for keeping and bearing a firearm, I think its insane to go out clubbing armed.

 

[Larry Gude]

Yeah, 2 yrs for being dumb is pretty severe..23 months would have been better. No matter, the law was on the books, was the prosecutor supposed to ignore it because of Burrows stupidity? You think its insane to go to jail for keeping and bearing a firearm, I think its insane to go out clubbing armed.

Law is on the books, eh? You mean like the right to keep and bear arms? Whenever you are ready to outlaw stupidity, let me know my sentence, willya?

 

[BuddyLee]

Burress is a big-time goober. With that said I was appauled to hear that he'd receive such a sentence for carrying an unregistered weapon in NY (it was registered in another state).

 

[Larry Gude]

Burress is a big-time goober. With that said I was appauled to hear that he'd receive such a sentence for carrying an unregistered weapon in NY (it was registered in another state).

 

[Tilted]

I agree, he shouldn't be spending 2 years in jail for carrying a firearm. Unfortunately, the law is on the books. I really don't think he would have gotten 2 years for having the gun, had he not shot himself though. Does anyone know, do they have a law against discharging a firearm in public or negligently discharging a firearm? And, was Plaxico charged with something like that as well? I don't recall that he was.

All that said, it should be between Plaxico and the club owner whether or not he's allowed to carry a firearm in the club. The same goes for the other patrons.

 

[Larry Gude]

I agree, he shouldn't be spending 2 years in jail for carrying a firearm. Unfortunately, the law is on the books. I really don't think he would have gotten 2 years for having the gun, had he not shot himself though. Does anyone know, do they have a law against discharging a firearm in public or negligently discharging a firearm? And, was Plaxico charged with something like that as well? I don't recall that he was.

All that said, it should be between Plaxico and the club owner whether or not he's allowed to carry a firearm in the club. The same goes for the other patrons.

THERE IS A LAW ON THE BOOKS.

It's called the second amendment.

He was sentenced under NYC's draconian laws against carrying in the city.

I agree the owner has a right to say "No guns". However, that ain't no 2 year penalty. I agree there is a responsibility for ND's or even AD's. However, that can't be no 2 years nither, especially when the ONLY victim was him.

This is

 

[Tilted]

THERE IS A LAW ON THE BOOKS.

It's called the second amendment.

He was sentenced under NYC's draconian laws against carrying in the city.

I agree the owner has a right to say "No guns". However, that ain't no 2 year penalty. I agree there is a responsibility for ND's or even AD's. However, that can't be no 2 years nither, especially when the ONLY victim was him.

This is

I agree it's bs. The NY law shouldn't be on the books, but it is. And I suspect, Plaxico got a greater sentence because the case was in the spotlight. (That's why I asked about other possible charges, in order to rule them out as a justification for the sentence.) However, I can't be certain about that.

About the Second Amendment, we haven't even decided yet that it has applicability to state and local laws. The first step in that process comes next Tuesday - keep your fingers crossed.

 

[Larry Gude]

I agree it's bs. The NY law shouldn't be on the books, but it is. And I suspect, Plaxico got a greater sentence because the case was in the spotlight. (That's why I asked about other possible charges, in order to rule them out as a justification for the sentence.) However, I can't be certain about that.

About the Second Amendment, we haven't even decided yet that it has applicability to state and local laws. The first step in that process comes next Tuesday - keep your fingers crossed.

He got two because NYC's law is MANDATORY two. Why he didn't get his guy to argue Heller is BEYOND me.

 

[Larry Gude]

About the Second Amendment, we haven't even decided yet that it has applicability to state and local laws. The first step in that process comes next Tuesday - keep your fingers crossed.

Does the first or third or fifth or tenth apply to states and localities?

 

[Otter]

He got two because NYC's law is MANDATORY two. Why he didn't get his guy to argue Heller is BEYOND me.

His lawyer was terrible, mis-steps at every turn.

 

[BuddyLee]

His lawyer was terrible, mis-steps at every turn.

Would have been better with a dead Johnny Cochran.

 

[LastSon]

The problem I've had with this case, and I believe its been understated by the media, but in NY the way the laws are written there is a very fine line between a 2nd and 3rd degree charge which basically makes it a judgement call. A 2nd degree charge carries a manditory minimum of 2 years, while a 3rd degree charge carries no minimum and is usually punishable by fines/community service. The DA wanted to make an example out of Plaxico and thats exactly what he did. At the end of the day, the law is what the law is and he broke it, but it was quite clear that this was a case of someone getting punished because of their celebrity status.

 

[Tilted]

He got two because NYC's law is MANDATORY two. Why he didn't get his guy to argue Heller is BEYOND me.

Didn't know they had a mandatory two - that's even more ridiculous.

It seems he made a decision to plead guilty to some lesser charges, right? If that is the decision he and his lawyer came to, I don't think the idea of arguing Heller would have altered that calculation in any meaningful way. I guess in theory you could argue it on appeal after a conviction, but there is almost no chance it would work.

First, there's the issue I mentioned before about applicability to state and local law. New York is in the Second Circuit, which means that currently, the Second Amendment clearly WOULD NOT have applicability in this case (this is due to the ruling by Justice Sotomayor's 3-judge panel earlier this year). If a lawyer tried to challenge this law based on the Second Amendment, the appellate judge(s) would probably say 'Next!', before they even finished that particular line of argument - it would be a non-starter at this point.

Furthermore, and probably more importantly, Heller and other court rulings have left plenty of room for regulating the ownership and possession of firearms. It certainly did not prohibit the government from making laws about which guns someone can own, what they can do with them, where they can carry them, and under what circumstances they can do those things. As time goes by, those lines will likely get more and more fleshed out. But, even if the high Court rules next year that the Second Amendment applies to states, I doubt you will see laws, prohibiting the carrying of firearms into nightclubs, overturned (at least, not because of that regulatory purpose).

The most important thing about Heller is that it settled the question of whether or not the Second Amendment referred to an individual right. It clearly does. However, there are still going to be limits on that individual right, notwithstanding any disagreement you or I might have with those limits.

 

[Tilted]

Does the first or third or fifth or tenth apply to states and localities?

1st: Yes
3rd: Only in parts of the country
5th: Yes for most parts of it, but no for the part requiring someone to be indicted by a Grand Jury in capital cases
10th: By its nature it would seem to have to, though I doubt there's ever been such a ruling by the Supreme Court (can't think of a context in which any question about it would arise)

 

[Inkd]

He wasn't sent to jail for being stupid, although that certainly helped him get there. He broke the laws of that state, whether you agree with those laws or not does not matter, until they are changed they stand. Any gun owner who has a CCW, and the article I read said that he had one in the state of Florida but was expired, is responsible for knowing the laws of the state they are carrying/transporting a weapon through. ANY gun owner who is remotely interested in CCW or has a license will tell you that New Jersey, New York, Massachussets are among the worst East Coast states for gun rights. He lives in New jersey, terrible place to be a gun owner, i'm originally from there and will never reside there again, went to a club in New York, a state just as bad as Jersey, carrying a concealed weapon for which he had no permit to carry concealed in either state. Then was dumb enough to have it negligently discharge in his pants, probably because he was carrying it thug style in the waistband. I think the true sad part about this whole case is not that he had a bad lawyer or was charged in a way he shouldn't have been, the truly sad part is that he didn't blow his balls off.

 

[Animal]

For what he was indicted for (2 counts of criminal possession of a weapon in the second degree and 1 for reckless endangerment) the mandatory minimum sentence is 3 and 1/2 years and up to a maximum of 15 years (each, for the two counts, to run concurrently and another year for the endangerment) had he been convicted at trial. That is why he pled to a lesser charge to avoid the chance of getting a much greater sentence. The idiot is lucky.

 

[chess]

look at stallworth... drunk and hit and killed soemone and spent 30 days in jail that was all... amazing you can almost kill yourself, and get 2 years in jail... but kill someone and you get 30 days....

 

[BuddyLee]

http://www.nypost.com/p/news/local/m...ayVNkiC518FR2O

Plaxico's hostile reception

Jeers and insults from Rikers inmates

By LAURA ITALIANO and KEVIN FASICK
Last Updated: 10:33 AM, September 24, 2009
Posted: 3:28 AM, September 24, 2009

And he thought Cowboys fans were nasty.

Plaxico Burress got a zero's welcome behind bars at Rikers Island, including taunts of "a - - hole!" and "The Giants suck!" according to jail guards.

"He was depressed," said one guard from Rikers, where the former Giants superstar spent his first-ever night behind bars. "He was trying to keep to himself, but everyone was yelling at him."

"These people got nothing," a second guard explained of the taunts. "What else are they gonna do?"

Burress began serving a two-year sentence yesterday for accidentally shooting himself in the thigh with his own Glock while drinking in the crowded VIP vestibule of the Latin Quarter nightclub in Midtown last November.

Man that sucks but I had to laugh at the bold.