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and this dunce tucks it into the waistband OF HIS SWEATPANTS !!!!he's lucky he shot only himself, otherwise he'd be a Defendant in a monster civil suit as well.Bingo. You forgot to mention he had a round in the chamber - other than that, right on.
I may be wrong, but it was my understanding that even if the gun was registered in NY state, you cannot carry it in Manhattan.
Would the sentence have been two years?Anyone who did violated the law. It is manifestly against the law to carry even a licensed firearm into a business that serves alcohol (bars, clubs, restaurants). Try to find another excuse, this one isn't working.How many people in that club had licensed guns?It sucks for him? If he was such a stand up guy, don't you think he'd understand the carrying laws in the state he was in? Ignorance is not an excuse, sorry.And it wasn't 'just carrying the gun'. He was carrying a loaded gun in a very populated place. Put yourself in that club. You wouldn't feel the slightest bit of anger knowing this knucklehead had a loaded gun in the waistband of his pants? Please
I say he got lucky to get under the 'minimum' sentence, even after rejecting the 2yr plea a while ago.
Anywhere in New York State, it would be illegal to carry the weapon into an establishment serving alcohol. There were so many charges the prosecution could have piled on this situation...
Was his name Matt Dillon?I saw people openly carrying firearms in Arizona when I lived there. They had established gun free zones (places where liquor is served, schools, etc.) but a lot of concealed and unconcealed carry there. The first day after I moved to AZ I was strolling down an aisle in a grocery store and walked passed a guy wearing a cowboy hat with a six gun strapped to his hip. Very Gunsmoke.
Not sure, I don't live in New York. But I'd be surprised if it was less than 2 years. NY lawyers in this thread want to chime in here? TIAWould the sentence have been two years?Anyone who did violated the law. It is manifestly against the law to carry even a licensed firearm into a business that serves alcohol (bars, clubs, restaurants). Try to find another excuse, this one isn't working.How many people in that club had licensed guns?It sucks for him? If he was such a stand up guy, don't you think he'd understand the carrying laws in the state he was in? Ignorance is not an excuse, sorry.And it wasn't 'just carrying the gun'. He was carrying a loaded gun in a very populated place. Put yourself in that club. You wouldn't feel the slightest bit of anger knowing this knucklehead had a loaded gun in the waistband of his pants? Please
I say he got lucky to get under the 'minimum' sentence, even after rejecting the 2yr plea a while ago.
Arizona is still an open-carry state. Excepting gun-free zones, you can carry a firearm as long as it is not concealed.Was his name Matt Dillon?I saw people openly carrying firearms in Arizona when I lived there. They had established gun free zones (places where liquor is served, schools, etc.) but a lot of concealed and unconcealed carry there. The first day after I moved to AZ I was strolling down an aisle in a grocery store and walked passed a guy wearing a cowboy hat with a six gun strapped to his hip. Very Gunsmoke.
It was my understanding that the orignal plea deal offered by the DA was 2 years and he turned it down because he wanted ZERO time.The article also says that this deal was on the table for a long time.
And, no, I have zero sympathy for this guy.
But Plaxico was in New York State and New York City, and responsible gun owners are required to comply with all laws of the locality in which they reside. Being in New York mandated different responsibilities for Burress. And, even in Arizona, he'd have been in serious trouble for toting his locked-and-loaded firearm into a bar/club.Arizona is still an open-carry state. Excepting gun-free zones, you can carry a firearm as long as it is not concealed.Was his name Matt Dillon?I saw people openly carrying firearms in Arizona when I lived there. They had established gun free zones (places where liquor is served, schools, etc.) but a lot of concealed and unconcealed carry there. The first day after I moved to AZ I was strolling down an aisle in a grocery store and walked passed a guy wearing a cowboy hat with a six gun strapped to his hip. Very Gunsmoke.
Bloomberg was behind this from day 1, and I guarantee he wanted Burress to be an example to everyone that gun violations in the city are taken very seriously. Im not surprised at the jail time in the least bit.
and used themHow many people in that club had licensed guns?It sucks for him? If he was such a stand up guy, don't you think he'd understand the carrying laws in the state he was in? Ignorance is not an excuse, sorry.And it wasn't 'just carrying the gun'. He was carrying a loaded gun in a very populated place. Put yourself in that club. You wouldn't feel the slightest bit of anger knowing this knucklehead had a loaded gun in the waistband of his pants? Please
I say he got lucky to get under the 'minimum' sentence, even after rejecting the 2yr plea a while ago.
This has nothing to do with having a loaded gun in an establishment that serves alcohol. In NYC, the MINIMUM sentence for being caught with an unliscenced, loaded gun is 3.5 years. Can be in a bar, or in a library.As I stated above, it serves two purposes... one, a harsh deterrent for others and second, for a real criminal who is caught by the cops, without much supporting evidence of a major crime (theft, assault, attempted murder, worse) it is VERY easy to get someone on having the gun, since it's tough to dispute that evidence. So that's an instant 3.5 years of a criminal off the streets.
Stallworth and Little are a far cry from being public celebrities. If you know little about sports, you still know who Vick is. Same with Burress (playing in NY and in the Super Bowl).
Go to tons of different places in this country and do some probing on DUI and even DUI's involving fatalaties and you will find tons of examples in which John Q Public did what Stallworth/Little did and got little or not jail time. A housewife in my town killed a mailman on his route while drunk a few years back , got little to no time and was arrested drunk behind the wheel again a couple of years later
I disagree. he took a loaded gun (with the safety off) into a crowded nightclub. He's lucky it was him that got hurt. if it was an innocent bystander they would have thrown the book at him.while I agree that he is likely low risk to reoffend, he still put lives at risk due to his stupidity.He definitely deserves to serve some time. while I think 2 years is excessive, I think a 1 year sentence where he gets out in 4-6 months is likely what he should get.what he actually gets may be different. If the judge decides to get on a soap box and tells him he's a role model for kids and such, then he will probably get more.
This is true. I have a NY State concealed carry permit, and I can't carry in NYC.It's a special permit for NYC, and very hard to get. They simply don't want people carrying guns there. It's generally a manditory sentence (over and above whatever else you did, so even less savory types generally don't want to use a handgun.)The law works well - NYC is a very safe city.
Seconded. Plax should be thankful that the DA still had that offer on the table. I would have liked to see him get the full 3.5 years. I have no sympathy for him, it's not like he's the victim of some obscure legal trickery here. He's irresponsible and in this case was extremely dangerous. There were so many decision points along the way that he had tons of chances to decide not to carry a chambered, unlicensed gun, in the waistband of his pants, into a manhattan night club, and on and on...Bingo. You forgot to mention he had a round in the chamber - other than that, right on.
Yeah, but "used" it how? Not in the commission of a violent crime, nor a crime at all, nor with any malice, nor even with any intent. 2 years just strikes me as very very excessive.and used themHow many people in that club had licensed guns?It sucks for him? If he was such a stand up guy, don't you think he'd understand the carrying laws in the state he was in? Ignorance is not an excuse, sorry.And it wasn't 'just carrying the gun'. He was carrying a loaded gun in a very populated place. Put yourself in that club. You wouldn't feel the slightest bit of anger knowing this knucklehead had a loaded gun in the waistband of his pants? Please
I say he got lucky to get under the 'minimum' sentence, even after rejecting the 2yr plea a while ago.
You can open carry a hip holster with a loaded gun in any of these states with no special permits or license:ArizonaNew MexicoMontanaWyomingIdahoSouth DakotaKentuckyWest VirginiaVirginiaVermontAlaskaI saw people openly carrying firearms in Arizona when I lived there. They had established gun free zones (places where liquor is served, schools, etc.) but a lot of concealed and unconcealed carry there. The first day after I moved to AZ I was strolling down an aisle in a grocery store and walked passed a guy wearing a cowboy hat with a six gun strapped to his hip. Very Gunsmoke.
You cannot carry a gun in NYC, even with a NY state permit.
lol
You should be able to carry a gun around with a permit...that's just silly.
Seconded. Plax should be thankful that the DA still had that offer on the table. I would have liked to see him get the full 3.5 years. I have no sympathy for him, it's not like he's the victim of some obscure legal trickery here. He's irresponsible and in this case was extremely dangerous. There were so many decision points along the way that he had tons of chances to decide not to carry a chambered, unlicensed gun, in the waistband of his pants, into a manhattan night club, and on and on...Bingo. You forgot to mention he had a round in the chamber - other than that, right on.
For those who aren't familiar with firearms, the reason I harp on a round in the chamber is that once a gun is loaded and cocked (ie. the round is in the chamber) the trigger is much easier to discharge. It's a "hair trigger" with very little resistance needed to discharge the weapon. Loading a round into the chamber takes an intentional act in a semi-auto weapon. When you push in the clip, there is no round in the chamber. In a revolver, you'd have to pull the hammer back to put a round into "hair trigger" position.It is next to impossible to get a carry permit in NY!
...Ray Lewis beat a man to death on purpose
This is, by all accounts, true. Heller vs. District of Columbia may eventually change this situation. Right now, though, law-abiding citizens of New York City are de-facto banned from concealed carry unless they are professional body guards for someone like Rosie O'Donnell or a member of law enforcement/the prosecutor's office. The ban does not include a person's domicile unless they are a felon, but otherwise weapons (not just firearms, but any lethal weapon) outside of the home are in essence, banned in NYC. Of course, criminals ignore the law... but that's a different issue for a different thread in the FFA if someone wants to go there. I don't.
I don't agree with this take much, at all. A law that has been recently enacted and has not been applied to anyone but Plaxico in this harsh a manner. The reason NYC is so safe is a confluence of reasons, beginning in the '90s. As much as I can't stand Guliani, he was a big reason for those positive steps, combined with great economic times for the most part until recently - and immense security overall post 9/11.
Here it's the law you to have own a gun...KENNESAW, Ga - Several Kennesaw officials attribute a drop in crime in the city over the past two decades to a law that requires residents to have a gun in the house.You can open carry a hip holster with a loaded gun in any of these states with no special permits or license:ArizonaI saw people openly carrying firearms in Arizona when I lived there. They had established gun free zones (places where liquor is served, schools, etc.) but a lot of concealed and unconcealed carry there. The first day after I moved to AZ I was strolling down an aisle in a grocery store and walked passed a guy wearing a cowboy hat with a six gun strapped to his hip. Very Gunsmoke.
This was in the late eighties. I'm not sure if they have revised the law since.
New Mexico
Montana
Wyoming
Idaho
South Dakota
Kentucky
West Virginia
Virginia
Vermont
Alaska
That worked well for DC untill the Supreme Court said it was unconstitutional
He should be punished for carrying that gun that night but I think 30 days in jail is plenty punishment for a first time offender that would more than allow enough time to reinforce in that person to not commit the same offense.As I said earlier Plaxico does not pose a threat to society. That's present and future tense. That night he did pose a minimal threat to society but it's over and done with. Look at it this way. Let's say the worse happened and he accidentally shot someone and killed them. That's manslaughter. I rarely see people with no previous felonies get two years for manslaughter. Hell, we just saw another NFL player actually kill someone and he only got 30 days. I won't say that I don't see how people can rationalize that the punishment fits the crime because I'm seeing several people here try to rationalize it. I just do not and will never agree it's a fair punishment and I'll say again Plaxico is one of my least liked players in the NFL.
A lot of complaints about the sentence here, but don't blame the judge. One, Plax accepted a plea deal, and two, it's a MANDATORY 3.5 year jail sentence for carrying a loaded weapon in the city without a special permit. Blame the idiot Burress, not the courts. For those that think the sentence is too stiff, here's an idea: Don't carry a loaded weapon in the city.
Huh?
So, in your opinion, is it cool for anyone to to carry unlicensed, loaded weapons into crowded places, tucked into their sweatpants and ready to fire, or is it just okay if you're good at catching a football?
I think the problem is the applicable New York laws. PFT covered this a bit earlier in the fiasco but there were 2 applicable criminal codes:Section 265.03(1)(b) prohibits the possession of a loaded firearm "with intent to use the same unlawfully against another." Alone, this statute appears to create the burden of proving that Burress had intent to use the weapon against another.However, Section 265.15(4) of the Penal Law states that "[t]he possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another." This Section creates a presumption that the mere possession of the gun is itself presumptive of an intent to use it unlawfully against another.I don't think it is necessarily right to presume criminal intent under any statutue; it's curious to me how a person can be expected to get a fair trial with such a key element of the crime presumed. Regardless, seems like it was an uphill battle to counter that presumption.
Not "cool" ... but 3.5years in prison for non-felons is ludicrous
