Plaxico: Jail or No?

[kludge]

I woke up in a bit of a mood this morning. I was going to post something in the Plaxico thread that is already here, but I think I can make my point much better this way.

If you're offended by the choices, well...

 

[dburkhead]

It's not that the terms are "offensive" but that they are the fallacy of insufficient options. That are a wealth of possible positions other than the two presented.

For instance, I could see a charge of "reckless endangerment" or something of the sort being valid, and in that I judge him not by the color of his skin but by the lack of content in his cranium.

OTOH, it looks like such a charge is not on the table (although by all rights it should be), only an illegal possession charge. In that case, a 2nd Amendment argument is probably his best bet and not, after Heller, entirely impossible of working.

 

[indyjoe]

That is written like a liberal gun poll. Should... a) All guns be banned. b) Kids be encouraged to blow off their own heads.

 

[kludge]

As you say, he is not being charged with reckless endagerment, He is being charged with two felony counts of criminal possession of a handgun, since he is not being chsrges with endagerment I can only assume that the prosecutor has no case that he was ever a danger to anyone.

His home has been invaded and his lawfully posessed guns have been siezed.

Almost no one gets a handgun license in NYC. Like in other large urban areas, The Law unfairly and unjustly targets minorities.

Here is our chance to stand up against NYC draconian laws, but yet even we, the defenders of the RKBA, are focused on the supposed "criminal" who must "pay" rather than being focused on the bad laws. (At least that's what I get from reading the other thread).

We have to stop, think, and get united on what really matters - Plaxico is not the criminal. Malum Prohibitum is real crime.

I can only hope that he will use a Heller defense, chances are he will plead to a lesser crime to stay out of jail, but I don't think it will work. I wish Heller had been a black person.

BTW, I wonder if any black people who kept guns in their homes in DC have gotten out of jail as a result of Heller.

 

[kludge]

That is written like a liberal gun poll.

That was intentional.

 

[MACHINEGUN]

I like this thread, it's funny.

 

[indyjoe]

That was intentional.

I thought so and it amused me.

 

[danielocean03]

Looks like NYC just sucks with their gun laws, and that "uppity negro" as you've put it should go free!

 

[kludge]

I use the phrase only to make us think. We fought a war to free them, but now it's the "Nothern States" with large black populations that are guilty of infriging on their constitutional rights. And they (the big cities) have brainwashed their own populations that it's for their own safety.

Like I said, I woke up in a "mood" this morning.

 

[danielocean03]

I use the phrase only to make us think. We fought a war to free them, but now it's the "Nothern States" with large black populations that are guilty of infriging on their constitutional rights. And they (the big cities) have brainwashed their own populations that it's for their own safety.

Like I said, I woke up in a "mood" this morning.

I understand, I know what you mean, it's totally backwards. I didn't take it as racist or anything, I was just echoing the phrase because it had a ring to it.

 

[Prometheus]

I think the poll wording is appropriate.

I honestly think if instead of it being a black running back it was a white QB (and everything else was the same) there would be a much bigger forgiveness of plaxico.

Plaxico is not a felon, had a CWL out of Florida... he isn't he typical "negro thug out of hollywood" most people on the gun boards are trying to make him out to be.

The only thing plaxico is guilty of is being an idiot for shooting himself and not using a proper holster. In both cases there is no victim other than himself and even in todays sue happy world you cannot sue yourself.

Plaxico is being charged with a victimless crime. Period. Show me a victim and we can talk about that.

 

[right winger]

As you say, he is not being charged with reckless endagerment, He is being charged with two felony counts of criminal possession of a handgun, since he is not being chsrges with endagerment I can only assume that the prosecutor has no case that he was ever a danger to anyone.

His home has been invaded and his lawfully posessed guns have been siezed.

Almost no one gets a handgun license in NYC. Like in other large urban areas, The Law unfairly and unjustly targets minorities.

Here is our chance to stand up against NYC draconian laws, but yet even we, the defenders of the RKBA, are focused on the supposed "criminal" who must "pay" rather than being focused on the bad laws. (At least that's what I get from reading the other thread).

We have to stop, think, and get united on what really matters - Plaxico is not the criminal. Malum Prohibitum is real crime.

I can only hope that he will use a Heller defense, chances are he will plead to a lesser crime to stay out of jail, but I don't think it will work. I wish Heller had been a black person.

BTW, I wonder if any black people who kept guns in their homes in DC have gotten out of jail as a result of Heller.

 

[rambone]

*** UPDATE ***
​

​

Plaxico Burress pleads guilty, gets 2-year prison sentence

Plaxico Burress sat in the fifth row of seats in Room 1100 of the New York

As his lawyer would say later, there was no way out. So Burress, the former Giants wide receiver, pled guilty to a single charge of attempted criminal possession of a weapon in the second degree, accepting the Manhattan district attorney’s offer of a two-year prison sentence rather than trying to beat New York’s strict gun laws in a trial.

He will be sentenced on Sept. 22, when he will begin serving his jail term. The minimum time he’s facing is roughly 20 months, so he will likely be released in May of 2011, when he will be 34 and out of the NFL for 2 1/2 seasons. He also has two years' probation to follow.

“Unfortunately, there is no legal defense we can offer,” Ben Brafman, Burress’ lawyer, told the court in accepting the plea deal. Brafman huddled with Judge Michael Melkonian and assistant DA John Wolfstaetter for several minutes before Burress entered a plea of not guilty, though that was quickly changed when Wolfstaetter said the plea offer that had been on the table for months was finally to be accepted.

“This is a perfect example of how bad judgment sometimes has very terrible consequences, consequences that are far more severe than may be justified,” Brafman told reporters outside the court building. The DA’s office had no comment.

Burress took a loaded gun into a midtown club late on Nov. 28 and accidentally shot himself in the thigh, setting off the chain of events that led to Thursday’s plea. Mayor Michael Bloomberg and DA Robert Morgenthau both took the uncharacteristic steps of publicly calling for jail time for Burress, who was released by the Giants in April.

“This was never a level playing field from day one,” Brafman said. “In this case, being a celebrity hurt him... If he were John Doe, he would have walked out of that club. Nobody at the hospital reported a gunshot wound. If he were irresponsible, if he were not a law-abiding citizen, he could have thrown that gun away.”

Burress also took the unusual step of testifying before the Manhattan

And since that day, with the facts not in dispute, Burress considered a plea deal. His wife, Tiffany, a lawyer, is pregnant with their second child; Brafman said Burress only decided to accept the plea deal within the last 72 hours.

“The law does not allow there to be any discretion,” Brafman said. “We tried for eight months to get a plea for less than two years without success. If he went to trial and were convicted, he faced a significantly greater prison sentence. After an agonizing period of discussion, Plaxico decided he wanted to do this, put this behind him as quickly as possible, in the hope that when he is released he will be able to resume his stellar professional football career.”

That career, which was as bright as any in recent Giants history -- he caught the winning pass in Super Bowl XLII and signed a $35-million extension before the 2008 season -- seems very much over now. He faces a stiff suspension from the NFL when he leaves prison, and that’s if a team wants to sign him.

Brafman said he hoped NFL commissioner Roger Goodell would impose a suspension that takes effect while Burress is in jail, but there’s no precedent for that. Both Michael Vick and Donte Stallworth, two players who have recently served jail time, have suspensions pending during the season.

This happened back in 2008. He's already served almost a year! Not to mention his carreer being grossly sidetracked, if not ruined. I think he has learned his lesson. Don't defend yourself in NYC.

This is B***S***.
​

 

[Dryden]

I think the poll wording is appropriate.

I honestly think if instead of it being a black running back it was a white QB (and everything else was the same) there would be a much bigger forgiveness of plaxico.

Plaxico is not a felon, had a CWL out of Florida... he isn't he typical "negro thug out of hollywood" most people on the gun boards are trying to make him out to be.

The only thing plaxico is guilty of is being an idiot for shooting himself and not using a proper holster. In both cases there is no victim other than himself and even in todays sue happy world you cannot sue yourself.

Plaxico is being charged with a victimless crime. Period. Show me a victim and we can talk about that.

I'm getting the impression that some members do not know the gun laws of New York. NY does NOT accept any other state permits... there is absolutely NO reciprical agreement...ZERO. Burress's Florida permit may as well have been from Jupiter.
And I have expressed this many times here, every New Yorker knows that you cannot carry in a place that serves alcohol...period.

I am Not in favor of NY's decision or its laws. I left there 5 years ago partly because of them and other conditions.

If Burress got off, NY would have had to release thousands of other "Felons".

 

[Hornett]

That is written like a liberal gun poll. Should... a) All guns be banned. b) Kids be encouraged to blow off their own heads.

Hahahahahaaaa that is a perfect parallel.

I can't vote in the poll for obvious reasons
but OTOH I usually give respect to the local laws wherever I am.
That he didn't do that kind of makes me think less of his predicament.

 

[public servant]

It's a shame the poll wasn't written with viable choices. While I don't agree with the NYC law...if it were me...I'd be in jail.

If you want it changed...then fight to change it. Until then...off to prison with him.

Bye, bye.

 

[public servant]

This happened back in 2008. He's already served almost a year! Not to mention his carreer being grossly sidetracked, if not ruined.

You'll have to show me that he's served a year in jail. I doubt it was more than a few hours from the time he was arrested until he bonded out. Had he been incarcerated that long I'd be good with time served. Sorry...he ruined his own career. Personal responsibility. No sympathy here.

 

[ihateiraq]

maybe people are trying to reverse the precedent oj set for black athletes?

 

[public servant]

maybe people are trying to reverse the precedent oj set for black athletes?

 

[XMil]

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