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Free Plaxico! WSJ Columnist Discusses Arbitrariness and Unconstitutionality of NYC's Gun Laws

First, how stupid could Plaxico be? This stupid:

It appears that he put the unholstered gun in the waistband of his sweatpants, and when it slipped, he grabbed for it, accidentally hitting the trigger. To make matters worse, according to press accounts, he was seen drinking and may have been consuming alcohol -- which all firearms safety training (including the class he would have been required to take for his Florida permit) absolutely forbids for people handling guns.

The writer thinks NYC's laws may be challenged under Heller:

he Heller decision did not say that requiring a license to carry a gun was unconstitutional. But in New York State, nonresidents cannot even apply for the licenses to possess or carry a handgun. Unlike most other states, New York refuses to honor carry permits issued by sister states. Most observers believe that the Supreme Court will eventually make state and local governments obey the Second Amendment. If it does, New York's discrimination against nonresidents will probably be ruled unconstitutional.

And then there is the issue of the permitting process for residents. In 40 states, including Connecticut, law-abiding adults are issued permits once they pass a fingerprint-based background check and a safety class. In New Jersey, carry permits are virtually never issued. In New York City, carry permits are issued, but to applicants with some form of political clout rather than on the basis of his or her need for protection.

The Second Amendment might not require New Jersey or New York City to issue as liberally as Connecticut does. But with a population of several million and only a few thousand (consisting mainly of politicians, retired police and celebrities) able to get permits, New York City's licensing process is almost certainly unconstitutional on a number of grounds, including sheer arbitrariness.


Posted by: Ace at 02:38 PM



Comments

1 Plaxico is retarded, but Bloomberg has shown himself to be a world-class schmuck.  No Giants fan should (or, I suspect, will) ever support him again.

Posted by: someone at December 04, 2008 02:41 PM (1wXl7)

2 Kopel's almost certainly right. The New York --and especially NYC -- gun laws are an unconstitutional joke for many reasons. But Plaxico is not the poster boy or ideal test case.

Posted by: NYCcon at December 04, 2008 02:43 PM (jLXdE)

3 Alcohol was involved?  Seriously?  I would have never seen that coming.

Posted by: Steve L. at December 04, 2008 02:43 PM (Gkhxf)

4 I hope that NY's dumb ass laws get overturned.  Yes, the Sullivan Act applies to the whole state!  I found this out the hard way.  But please note this is the city that sent it's own cops to attempt to make "straw" purchases in Virginia, so the Constitution or obeying the laws of VA aren't a priority for these people.  And as for political clout, the writer is correct.  Guess what asshole got a CCW in NY?  Harvey Keitel...NY and NJ gun laws are simply a way to say "Fuck You" to the average, "unconnected" subject of that particular oblast.      

Posted by: Anon at December 04, 2008 02:44 PM (W0B71)

5 Seatpants? He put it in the waistband of sweatpants? He should go to jail just for that. Idiot. Even if they were to overturn NY permit law it won't help him.
He would still have the drinking and taking it into a bar to contend with.
Even if he had a NY permit that would still be illegal.

Posted by: Rocks at December 04, 2008 02:47 PM (Q1lie)

6 make that sweatpants...

Posted by: Rocks at December 04, 2008 02:47 PM (Q1lie)

7 All gun control laws are unconstitutional and they should repeal them all including the GUN CONTROL ACT OF 1968,THE BRADY GUN LAW, and all the other gun ban laws and we should have nothing to do with the UN s sinister world wide gun ban GET OURSELVES OUT OF THE UN

Posted by: Spurwing Plover at December 04, 2008 02:52 PM (A56gM)

8 What a friggin' retard.

I was wondering how he managed to shoot himself by accident with a .40 Glock considering there's a trigger-safety.  Accidentally pulling the trigger while trying to recover it from the crotch of your sweatpants *would* do it...

Posted by: Brandon In Baton Rouge at December 04, 2008 03:01 PM (vCw8H)

9 I agree that NY gun laws (especially in NYC) are retarded and unconstitutional but I'd be careful about making this jackass the poster boy for 2nd Amendment rights in NY.

I support gun rights and would love to get a carry permit in NY without having to justify my reasons why to a judge (it's totally up to the county judges in NY outside of NYC) but I don't have a problem with some basic training and competency (of course I think that should be required to vote as well).

Posted by: DrewM. at December 04, 2008 03:02 PM (hlYel)

10

I'll be right back.

Was there a bullshit constitutional argument made by someone who wasn't gabe?  and was it clearly expressed as sarcasm rather than egotism?

Okay, second pair of underwear.

Posted by: Wickedpinto at December 04, 2008 03:04 PM (ul7te)

11

I'm not defending Burress's actions or his character in general, but frankly Bloomberg's and the NYPD's position seems to be based entirely on being the best-armed gang in the geography: "Do as we say, or we'll jail or kill you."

Posted by: Oldsmoblogger at December 04, 2008 03:06 PM (arEOF)

12 He put it in the waistband of sweatpants? He should go to jail just for that.

That's the first thing I thought of; the law may be unconstitutional (in fact I'm pretty sure it is) but he just violated felonious levels of dumbfuckery by shoving it in the waist of goddamn sweatpants.

This bullshit behavior didn't begin last week; even when he was at Pittsburgh when he came to a fork in the road he always went off in the direction of Dumbassville.

Posted by: Captain Hate at December 04, 2008 03:07 PM (Pe2KD)

13 "In New York City, carry permits are issued, but to applicants with some form of political clout'

that's the trouble, with his paycheck dead-eye burris should have been able to find the necessary access and pay the appropriate fee.

Posted by: hey barkeep, leave the bottle at December 04, 2008 03:08 PM (JEUz+)

14 We're being sandbagged.

Drew is right that this guy cannot be the poster child for gun ownership.  Responsible citizens like Keller should be.  Drunks running around like fools is exactly how the NYT wants us to be portrayed.


Posted by: Shill at December 04, 2008 03:09 PM (8jYMc)

15

It is unconstitutional for him not to be allowed to carry a firearm but the jackass should do some jail time for discharging a weapon in a public place.  Its all cool now that he only shot himself but that was just luck.

Also in most states , even if you have a license you are not allowed to carry inside an establishment whose main business revenue is the sale of alcohol for consumption on premises

Posted by: polynikes at December 04, 2008 03:13 PM (m2CN7)

16 What do you expect from someone named "Plaxico"?

Posted by: jaleach at December 04, 2008 03:25 PM (gHrZU)

17

I just bought an illegal gun when I was worried about my safety when I was 15.

Posted by: Wickedpinto at December 04, 2008 03:28 PM (ul7te)

18

True story,

I was suspended for having a knife on me when I was a freshman.  What made it funny, is that I had a loaded gun in my waisteband (never fired it ironicly, I think it was a titan .380)  and I couldn't help but laugh during the suspension.

Posted by: Wickedpinto at December 04, 2008 03:30 PM (ul7te)

19 Holy Crap!!  WP, just answered the age old question, "What kinda guy takes a knife to a gun fight?" 

Posted by: WonderWartHog at December 04, 2008 03:33 PM (LVT6e)

20 Burris is just a dumbass to begin with, as are most pro athletes. They get a free ride through high school and college when they show the least bit of talent. They have parents, teachers and coaches covering for them at every turn, and if they make it to the pros, they have agents, coaches, and lawyers covering for them.

When you have to have a class for freshman pro athletes on how to behave, manage your money, etc., then somewhere along the line someone has screwed up in teaching these kids about responsibility.

Ditka is a moron for wanting pro football players to give up their 2A rights just because they play pro football. He's been brainwashed by all the Chicago anti-gun crap.

I hope Burris gets the full 42 months of prison time, to make him an example that you can be Felony Stupid.

Posted by: Smokey Behr at December 04, 2008 03:45 PM (QyeW7)

21 Self-inflicted gunshot wounds shall henceforth be known as "Plaxicos."

Posted by: Oschisms at December 04, 2008 03:53 PM (l+mzU)

22

He put it in the waistband of sweatpants? He should go to jail just for that. Idiot.

Is there such a thing in New York as criminal negligence?  If there is and it offers less jail time, Burress may want to try consider negotiating to plead guilty to that.

Posted by: buzzion at December 04, 2008 03:57 PM (Lrsi6)

23 I have no problem with him carrying the gun, but he should get at least 5 years in prison for wearing sweatpants to a nightclub.


Posted by: LAsue at December 04, 2008 04:00 PM (2V7nL)

24

Self-inflicted gunshot wounds shall henceforth be known as "Plaxicos."

I've heard on Bob and Tom the creation of the word Plaxident.  The definition being an accident that costs you $35 million.  Don't remember who actually coined it though.

Posted by: buzzion at December 04, 2008 04:01 PM (Lrsi6)

25 When you have to have a class for freshman pro athletes on how to behave, manage your money, etc., then somewhere along the line someone has screwed up in teaching these kids about responsibility.

As far as behavior and money-management, they're not that much different than any other kid out of college in a "real job" for the first time.  They just have more money and more free time to screw up off the clock.

Posted by: HeatherRadish at December 04, 2008 04:05 PM (fGDhl)

26 The only one looking dumber than Plax?  Bloomberg.

Posted by: The Obvious at December 04, 2008 04:08 PM (1g+FW)

27

What happens to his teammae who took the gun from NY to NJ? is that a fed offense?

Posted by: Lou at December 04, 2008 04:11 PM (RNwpX)

28

Burress is a galactic dumbass, but the way Bloomberg and other nanny assholes are reacting is comparably stupid. Tom Jackson said on ESPN Sunday that the NFL should not allow players to own guns. Seriously.

Hey, every NFL player that's not a total moron; suck it, you can't be treated like an American adult. Thanks, Tom Jackson.

Posted by: UGAdawg at December 04, 2008 04:15 PM (eTGdB)

29 Can employers legally force people to give up their constitutional rights as a condition of employment?  "You can't bring your gun to work" is a lot different than "you can't own a gun, period."

...and a gun may have saved Sean Taylor.  You never know.

Posted by: HeatherRadish at December 04, 2008 04:18 PM (fGDhl)

30 sweatpants? Cockholster!

Posted by: Frank G at December 04, 2008 04:22 PM (P0rQD)

31 So it's legal for me to shoot NJ/NYers, from the Pa side of the Delaware River?    Or do I have to wait for their fucking U-Haul to be on the Delaware Water Gap Bridge?

Posted by: hutch1200 at December 04, 2008 04:27 PM (InVQk)

32 When I got my CCP, I was told not to take it to 1) Federal buildings, post offices etc...2)Banks and 3) Any establishment that serves alcohol...Btw I can loan a rifle/shotgun to a friend, but a handgun may never leave my possession.  I'm in deep shit if a friend has my pistol w/o me present.

Posted by: hutch1200 at December 04, 2008 04:31 PM (InVQk)

33

Was it a Glock .40?

If you're going to be a moron and insist on carrying 'Mexican-style' (stuffed into waistband, no holster) you should at least carry a weapon with a grip or switch safety.

Also, sweatpants?  How the hell are sweatpants going to support a brick-like gun such as a full-sized Glock?  No wonder it fell.  He should be glad it didn't slide down the inside of his pants-leg and put a slug in the 'ol family jewels.

Unless he was wearing a sweatpants with a belt, which would be awesome.

 

PS.  Yeah, the gun laws are stupid.  I carry, but I am forced to get a permit from the Sheriff.  And I don't wear sweatpants...

Posted by: Rasputin at December 04, 2008 04:33 PM (W4983)

34 33

Was it a Glock .40?


That's what the TV reports say... a .40 Glock, but not a specific model number like the G22, G23, G24, G35, etc.

Posted by: Brandon In Baton Rouge at December 04, 2008 04:42 PM (vCw8H)

35 I suspect that the NY DA will deal Plaxico because he has the resources and visibility to take this one all the way; where they might lose.  The case has the star power to attract good attorneys, will be in the news, and Plaxico may have to fund the fight to keep playing.

Posted by: Jean at December 04, 2008 05:17 PM (HVRSA)

36

http://tinyurl.com/5h7svv

In related news, Eli Manning shot himself at a Chuck E Cheese

Posted by: eddiebear at December 04, 2008 05:57 PM (wnU1W)

37 31 So it's legal for me to shoot NJ/NYers, from the Pa side of the Delaware River?    Or do I have to wait for their fucking U-Haul to be on the Delaware Water Gap Bridge?

Posted by: hutch1200 at December 04, 2008 04:27 PM (InVQk)

It's too late now, that should have been done long ago. Even if we closed the bridge it's too late. Wearing sweatpants to a bar AND sticking a gun in the waist band? I think Plax might have a pretty strong case if he pleads insanity.

Posted by: PoconoJoe at December 04, 2008 07:05 PM (7YwUC)

38

seriously if this is what it takes so i can carry in ny it was a good shot.

fucking new york thought i was making a good move when i came to the peoples republic of connecticut....

and plaxy crossbreed supertuck...will work even with sweatpants douche nozzle.

Posted by: e.koenig at December 04, 2008 07:38 PM (2J+Vs)

39  OK, first:  Plax is dumb.  Plax did break the law.  Plax deserves some punishment.

That said....3.5 years in prison for a guy with no criminal record of any kind for shooting himself in the leg is horseshit.  He might not be the world's most diligent employee, but he's not a Ron Mexico/Ray Lewis type thug. His teammate, Steve Smith, was robbed at gunpoint shortly before this incident.  His motivation was clearly self-defense.  Doesn't make what he did right, of course, but the guy isn't some archcriminal.  And Bloomberg is the worst kind of preening jackass.  How'd that Sean Bell case go, Mike?

Something like a plea to reckless endangerment and  a 6-12 month sentence sounds reasonable to me.

Posted by: radar at December 04, 2008 08:25 PM (JOKrT)

40

If conservative states that do not allow gay marriage are forced to recognize the marriage licenses/statuses of gays married in liberal states that do, couldn't some conservative lawyer tie the 2nd amendment to that same wagon with regard to permits and conceal/carry laws?  After all, which is more explicitly listed as a right?

I'm no attorney but some ipso facto seems to be needed here.

Posted by: The Hammer at December 04, 2008 10:28 PM (P89vv)

41

Fuck Plaxico.  Dumb bastard was walking around with not just a loaded gun, but a loaded, cocked, gun with no safety!

Thankfully he only shot himself and not some hapless bar patron.  The more I think about it the pisster I get.  Fuck him again.

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Posted by: dfgasdf at December 08, 2008 05:03 AM (7Yvt1)

43 Plaxico is

Posted by: Greg at December 08, 2008 09:09 PM (XWJh5)

44 First off, Plaxico cant rightly be called a complete idiot for what he did given that he had absolutely no gun training or exposure...had he been a Texan or someone from a Free state, then he should rightly be called a complete tard for his behavior...had he went to even a rudimentary ccl course he would have learned all about the glock safety, proper carry methods, prohibitions against carrying and alcohol, etc etc etc...remember, the circumference of your activities is determined by the diameter or your knowledge.....guns up gentlemen

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An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat