Hey, the gangsta-light there transported a weapon involved in a felony across state lines, too! How come the US Attorney isn't going after him?

I *knew* it was going to be a Glock.

He acted foolishly by carrying illegally and not having a holster. Still... the gun never would have went off if it was a cocked and locked 1911.

This is going to be fun to watch, but my early bet is that Plaxico, having money and a good lawyer, has more Second Amendment rights than you might think, even in New York and New Jersey. I bet they let him plead down to "confused" and cut him loose with a stern talking to!

More info here...

http://www.ny1.com/content/top_stories/89811/giants-wr-plaxico-burress-arraigned-on-gun-charges/Default.aspx

The B-felony charge is for carrying a loaded weapon. The C-felony charge is likely for possessing a standard capacity magazine, which is still illegal in New York.

He's in serious trouble. Not only does Boomberg want him in jail, but he wants everyone else who's involved to be prosecuted (friends, night club, hospital, etc.)

This will probably cost the NY Giants the championship this year. Great, just opened the door for some other teams. What an idiot!

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.

“I think that there could be an opportunity for a favorable 2nd Amend court decision here.”

There's absolutely no chance whatsoever for a favorable 2nd A.decision here. Remember, Bernhard Goetz shot in self-defense and still went to jail for the possession. Since the Heller decision doesn't apply, Burress is going to be convicted. Then he'll have to face a gauntlet of anti-gun court before he can even think about a Supreme Court challenge. And lets face it...he's now a poster child for those who insist on training before letting people carry guns.

He's not helping the cause at all.

In theory, he had training. It's my understanding that he had an expired Florida CCW permit....

He is at least guilty of Felony Stupid....

PeterT

Well... yes I'm going to be watching this. There is a lot to learn from this for everyone.

I fully support the 2nd Amendment and the right of the citizen to carry, not just for self defense, but for all the reasons behind the 2nd amendment.

However, Plaxico's incident is a text book example of irresponsible sidearm carry and is a black mark against firearms carry (concealed or open). Even if it was a Glock, a properly holstered Glock would not have gone off accidentally.

He may have a 2nd amendment argument for simple possession, but the firearm discharged unintentionally. This was completely his responsibility and for that he should be held accountable, celebrity status or not.

Gun control SHOULD be about the responsibility of carrying a weapon, not about the prohibition of carrying. It takes far more responsibility to carry than many people think.

So while I'd love to see a ruling in favor of the 2nd amendment, I wan to see Plaxico held accountable for his reckless handling of a firearm.

Mungo,
I have heard stories of individuals accidentally firing their sidearm while pulling from a holster. Buress is surely not a competent carry holder in this instance, but what I really think is a good question is should he be carrying to a public place to drink alcohol. When you combine the two, it's easy to see that Plax is better off without a firearm in his possession. With the two bad decisions he has already made (actually three__1.no permit 2.not secured 3.to a drinking establishment), makes me wonder what other bad decisions he might make if he where to pull the pistol for use in public.