From the diaries, by Erick.
The WSJ has an interesting opinion piece written by David Kopel, of the Cato Institute. It discusses the recent news regarding Giants wide receiver Plaxico Burress and the incident in a New York nightclub where he possessed an unlicensed, in NY, loaded glock and he accidently shot himself in the leg. The point Mr. Kopel brings up is regarding New York City’s gun law, which states if a person is found to be carrying a firearm illegally, it carries a minimum three and a half year prison sentence, and how it punishes those that are discriminated by the state for not recognizing out of state permits and not issuing permits to non-residents, which in the wake of Heller, is up for discussion.
“Mr. Burress had previously had a handgun carry permit issued by Florida, for which he was required to pass a fingerprint-based background check. As a player for the Giants, he moved to Totowa, N.J., where he kept a Glock pistol. Because New York state permits to possess or carry handguns are not issued to nonresidents, Mr. Burress could not apply for a New York City permit. The Heller decision did not say that requiring a license to carry a gun was unconstitutional… 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.”
(emphasis mine)
For Mr. Burress, there is obviously not much leeway for him to beat this case because of the law and Mayor Bloomberg is speaking out publicly to make an example of Burress. However, based on Heller, I would appeal this case on the grounds that the law is unconstitutional, agreeing with Kopel, because of his notoriety, he obtained a gun permit in Florida for protection, now that he lives and works in New Jersey and New York, he still maintains that notoriety and still will need a firearm for protection, especially in the biggest metropolis in the country. To discriminate against non-residents applying for a permit is unconstitutional. Also a little odd is that New York not recognizing the Florida issued permit, but to recognize out of state gay marriage, is a manipulation of the full faith and credit clause, Article IV, Section 1 of the Constitution. (I am not a savant in Constitutional law, but I assume states have the right to manipulate this, based that they are separate and sovereign entities)
If New York had some sensible laws, Mr. Burress would have received his license to carry permit based on Florida giving it to him, background check, etc. Instead, he’s going to be fighting for his freedom because of New York’s discrimination, as well as personal stupidity.

Free Plaxico!
kowalski Thursday, December 4th at 2:39PM EST (link)I agree completely. Plaxico Burress has been punished enough: he made a mistake, he broke a law that is and was nonsensically draconian, and he injured nobody but himself.
Somewhere between Baltimore and Cambridge Mike Bloomberg became an anti-gun totalitarian and as a fraternity brother of his I try to remind him of that every chance I get, but he’s a famously stubborn man.
The real problem for Plaxico is that he did break the law — but he did something worse to himself and his career: he wanted to carry a weapon to protect himself, which there’s nothing wrong with. Unfortunately it looks like he was also irresponsible in doing so. The Glock .40 he was carrying has a safety mechanism that should have prevented an accidental firing of the kind that injured him. It looks like he turned it off, and in doing so he exercised extremely poor judgment.
So what’s the solution to this problem? Send Plaxico Burress to jail for several years? Ban all athletes from carrying guns? Which athletes? Just the guys in the NFL, or do we also ban tennis players and car racers and baseball and basketball and badminton players? Do we ban Olympic athletes from carrying? What rationale is there for saying (as some commentators have) that athletes should be forbidden from carrying weapons?
There isn’t any, except in Michael Bloomberg’s mind.
The real problem is not that Plaxico Burress was carrying a weapon: it’s that he disregarded the rules for carrying one — rules that exist to protect himself and others. They’re not complicated rules to learn, if you receive the proper training. Millions of people follow them every day. Plaxico Burress certainly is capable of learning them if he wants to continue to carry a gun.
I think the case against him should be dismissed and I will contribute to a fund that allows Plaxico Burress to attend a bonafide training course for firearms like the one FrontSight offers.
In my experience, these accidents happen because people are unaware of the proper training or don’t take advantage of it. Carrying a loaded firearm is not a matter of bravado or hubris: it’s first and foremost a responsible act. If you don’t encourage people to be responsible, a lot of the time they won’t.
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One thing that's important to remember
kowalski Thursday, December 4th at 2:59PM EST (link)Is that people exercising poor judgment in individual cases is not a legitimate reason to deny other people their rights. It’s sad and it’s regrettable when it happens, but lapses of judgment can be corrected and people — especially people as talented as Plaxico Burress — can and will admit mistakes and change their behavior if a better option is presented to them. Mike Bloomberg wants to grandstand this case because it’s one of his causes, but he’s mistaken. He would do everyone a service by counseling leniency for Burress and saying instead:
“If you want to own a gun for self protection, there’s a legitimate way to do it, and we’ll help.”
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Hey Kowalski...I think you just pulled the first Kowalski on RS 4.0....nicely done...;^)...n/t
Attack Mode Thursday, December 4th at 3:08PM EST (link)n/t
“Land of the Free and Home of da Whopper” Peter Griffin…Family Guy
conform and celebrate diversity….or else!!!
Steel-Belted Radial Right Winger

“I’ll create 5 million jobs from out of unicorn farts and pixie dust” Justatron paraphrasing Obamessiah…yes I love it that much.
He had to fully test it, right?
bk Friday, December 5th at 10:43AM EST (link)Exception
Snake45 Thursday, December 4th at 5:13PM EST (link)“The Glock .40 he was carrying has a safety mechanism that should have prevented an accidental firing of the kind that injured him. It looks like he turned it off, and in doing so he exercised extremely poor judgment.”
The Glock does not have a safety that can be turned “on” and “off.” It has a little lever on the trigger itself, which is sort of like engraving the combination to a safe on the door of the safe. Those of us who follow these things have noted that “accidental discharges”–more correctly called “negligent discharges”–seem to occur with Glocks more than with all other handgun types put together.
Also, criminals don't tend to be mindful of the law
George Claghorn Thursday, December 4th at 7:59PM EST (link)The whole point of this NY law is to reduce gun crime — by mandating that people not carry guns illegally. But criminals don’t really care whether or not they’re carrying a gun legally!
“Victory comes, though we know not when. We must be happy warriors until the end.
For those of you who struggle with what goes on, who see retreat and capitulation, and who feel like not just your political opponents, but those who hold dear all those things you hold as blasphemous — be cheerful. Be happy. Victory is already yours.
You must just have the courage to not get discouraged and have the will to fight on.” – Erick Erickson at RightOnline
Florida resident here..........
Kenny Solomon Thursday, December 4th at 10:02PM EST (link)I’m a huge 2nd Amendment supporter and multiple gun owner…….
But right now, in New York, the laws on the books are what’s enforced there and Mr. Burress has a huge problem and it may be much bigger than many people realize.
First off, the term is ‘Reciprocity’ …….. New York doesn’t have it…… The state does not honor ANY other state’s Concealed Carry Weapons Permit/License. Felony. Mandatory jail time just for having one with you and no NY permit.
He’ll lose his Florida license (probably has already) without question and the charges will most likely multiply due to unlawful interstate transport of a firearm. Felony again. More mandatory jail time.
If that firearm is legally his, they’ll ask how it got from Florida to New York. I’m making a guess here that Mr. Burress lives in New Jersey since the team practices and plays there (another state that has a dim view of The 2nd Amendment). I know it’s inference and a legality that can easily be argued, but it’s still a good probability that he’ll get a second unlawful interstate transport charge added from the NJ authorities …. there’s no reciprocity between Florida and NJ as well as NY and NJ either. Another felony with more mandatory jail time.
Interstate felonies. Hello FBI.
Random discharge of a firearm in public is (sarcasm here) ’somewhat frowned upon’, but when it happens in a place serving alcohol, the stakes go quite a bit higher (that’s one of the top-ten settings where you’re NEVER allowed to carry and that’s in all 50 states as far as I know) ….. another added felony. Hey there, BATF, welcome to the party.
Falsifying medical records of a gunshot wound goes to the attending physician (along with possibly everyone else working in the hospital who came into contact with him) and the “patient” equally… the doc will most probably lose his license in NY….. and it’s a good bet that if I can think about this, so can the doc’s lawyer ….. he’ll say that Mr. Burress and his friends (another player and one of the team’s trainers were there) coerced him into falsifying the records with bribes or other things. Whoopsie, now there’s a bunch of other people who are gonna pay huge and may even do some Graybar Hotel time with him.
From a multiple gun owner and firearm safety person (me), just having a handgun with you that’s not in a secure holster, has one in the chamber and with (d’oh !) the safety off isn’t illegal, but it is flat-out stupid, irresponsible and a mortal danger to everyone within range, including the person carrying.
I’m gonna get off my soapbox before I get all 2nd Amendment on this and really rant on Noo Yawk, Noo Joisey and all the other states who simply don’t understand “the right of the people to keep and bear Arms shall not be infringed”. I’d rant even harder on morons like Mr. Burress who …… well, I won’t go there.
Besides, I’ve got to get the video stream heated up……… it’s time for Cam & Co. on NRA-TV.
Cheers !
Kenneth L Solomon…………Typical Bitter Jewish God-Clinging Gun Owner And Barking Mad Insane NASCAR Fan……………Please support the Jamie McMurray Foundation For Autism Speaks.
Of course you can have my guns……. Bullets first.
I didn’t say rounds, shells or magazines……
I said bullets first.
Whew. Looks like Plaxico is in trouble
kowalski Friday, December 5th at 9:10AM EST (link)I was trying to give him the benefit of the doubt and assume the best case. Looks like he’s in a lot more trouble than that.
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And on second thought...
kowalski Friday, December 5th at 9:48AM EST (link)I should have listened to Jeff Emanuel’s advice and realized that I was setting myself up to defend … a player in the National Football League. In the back of my head while I was writing that post, I was thinking:
“You know, it’s probably not as bad as they say, it’s worse.” Par for the course with a lot of our high-profile sports stars.
Last time I’ll ever do that.
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Is there a name for pulling two Kowalski's in the same thread?
bk Friday, December 5th at 10:46AM EST (link)Double-K?
K-squared?
Kowalskein
kowalski Friday, December 5th at 11:02AM EST (link)As in braiding or knotting. But that’s only if the two Kowalskis interrelate somehow.
Otherwise I prefer the terms: “Kowalskiplate” or “Kowalskequel” but you may also refer to it as a “Doppelkowalski.”
If the second Kowalski directly refutes the first Kowalski, you may refer to the entire group of posts as a “Kowalski/Anti-Kowalski Doublet”
Does that clear it up?
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I believe he has at least one quad-k
bs Friday, December 5th at 11:31AM EST (link)back in RS 3.0. Bigger and better things to aspire to…
Decorum is fo’ suckas
True, but since all of those pre-suppose the NYC laws are themselves legal
The_Gadfly Friday, December 5th at 1:20PM EST (link)if NYC law he initially broke is unconstitutional, I don’t think any of them would apply.
Heller opened a serious can of worms, which is why SCOTUS avoided it for so long. Burress and this case might not have been my first choice for a case to take to SCOTUS for overturning NYC and NY gun laws, but he still has the right to challenge the case on its merits. What I am not clear on since IANAL is whether or not he could plead guilty and then contest the constitutionality of the laws.
And yes I’m a card carrying member of the NRA, but ironically don’t own a gun.
We’ve been called racists enough now that it shouldn’t bother us any more.
-AChance, http://www.redstate.com/moe_lane/2009/11/03/what-men-may-do-we-have-done/#comment-24463
If NY23 was a beat down for Conservatives, what do you call what happened to Progressives in NJ and VA?
inspired by ColdWarrior, http://www.redstate.com/hooah_mac/2009/11/04/ny-23-the-agony-of-defeat-not-so-much/#comment-156
of course it is unconstitutional!
Doc Holliday Saturday, December 6th at 6:03PM EST (link)almost all guns laws are unConstitutional. When the term “Shall not be infringed” is used, I think that means they were serious. OTOH, he should get some type of misdemeanor for discharging the weapon, I mean, he was really really stupid and acting like a thug with no holster.
I hope you are right about Heller, I can’t believe so many people live in states with such draconian laws. Registration, permits just to own a firearm, no shall issue laws? I mean, I could never ever allow myself to reside somewhere under those terms.
Molon Labe!
Judicial Activism maintains this FRAUD
JLenardDetroit Saturday, December 6th at 6:10PM EST (link)and we will get more and more of these clowns on the Benches to uphold UnConstitutional bs under the Socialist-Elect…
There aren’t enough Trees to Hang all the Traitors from…
(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (Reco) (Quotes) (removeRINOs.com) (RSmas)
+ 0bama Lies & your Bank acct will Die! (4/15 Truthers)
+ Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
+ I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
“The first Liberal was Satan” - a Rush caller (other Quotes)
not sure about this interstate transport business
Doc Holliday Friday, December 5th at 6:42PM EST (link)you can’t sell a firearm across state lines without going though a FFL dealer, but if you own a firearm you can transport it even through states that ban guns if you are en route to a state that allows handguns. NJ allows handgun ownership as far as I know, as does New York State (not sure about the city). So there would be no federal interstate transfer charge from FL to NJ. Now New Jersey probably requires a permit to own like most lefty states, but that would be a state charge.
Molon Labe!
Wyoming
Cowboy Friday, December 5th at 10:38PM EST (link)Don’t know about current law but in the 80’s we used to go into the Million Dollar Cowboy Bar in Jackson Hole and lay out guns on the bar and order a drink just because it was legal and we could. Did it more than once.
I was told that you could carry one in a bank if you wanted to but I never tried it.
Like I said I don’t know about now.
Disagree with one point
Snake45 Thursday, December 4th at 3:08PM EST (link)Kowalski, I must take exception to your comment:
“The Glock .40 he was carrying has a safety mechanism that should have prevented an accidental firing of the kind that injured him. It looks like he turned it off, and in doing so he exercised extremely poor judgment.”
The ONLY manually operable safety device on a factory-stock Glock is, incredibly, a small lever located in the center of the trigger itself (aftermarket manual safeties similar to other autopistols are available, but they are rarely encountered). This has been compared to having a safe with a combination lock, and then engraving the combination on the door, i.e., what’s the point?
If anything pulls the trigger of a loaded Glock, it’s going to go bang, whether that was the intention or not.
Those of us who follow these things note that we see or hear of more “accidental discharges” (actually, the term is more correctly “negligent dischage”) with Glocks than with all other types of handgun put together.
I stand corrected...
kowalski Friday, December 5th at 9:06AM EST (link)I’ve never fired a Glock and always assumed they had additional passive and active safeties in addition to the trigger lever. Looks like they don’t.
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Not completely correct
Lammo Friday, December 5th at 7:07PM EST (link)My carry pistol is a Glock 36 and I have previously owned a G19 and a G23. There are internal safeties (don’t know if I would describe them as active or passive) that prevent the striker from moving until the trigger is pulled. It is true that “If anything pulls the trigger of a loaded Glock, it’s going to go bang, whether that was the intention or not.” but they cannot and will not discharge just by sitting there; they also will not discharge if dropped. No loaded Glock should ever be carried except in a holster that completely covers the trigger guard.
My 3 rules of gun safety:
1) All guns are always loaded.
2) Never point a gun at something you are not willing to destroy (or can’t pay for)
3) All guns are always loaded.
ACORN: Association of Criminals Obama Represented in the Nineties. (jupitersuite)
Don’t be so open minded that your brains fall out. (Fr. John Corapi, SOLT)
Crime never takes a holiday. (Dennis J. O’Shea, R.I.P.)
Unlawful is against the law. Illegal is a sick bird. (Ooold joke)
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well you may not like Glocks
Doc Holliday Friday, December 5th at 6:54PM EST (link)but your argument does not hold water. The only firearm safety is your brain. Glocks have two safeties. They have a firing pin safety, meaning the firing pin can not hit the primer unless the trigger is pulled. Also, they do have a safe action trigger, which makes it nearly impossible to “accidentally move the trigger to the rear” say as in dropping the weapon or grazing the trigger with your finger during a draw. Also, the 8 pound trigger is in itself a form of saftey compared to a tuned 3 pound trigger on a 1911 race gun.
If you keep your Glock in a proper holster, and if you do not pull the trigger, it will NOT fire, period. Burress was beyond stupid carrying the weapon with no holster and then pulling the trigger. You know, revolvers do not have safeties either because they are simply not needed. Pistol safeties were used for single action autos for good reason, but now days they are thrown on all kinds of handguns that really don’t need them.
Molon Labe!
Kowalski
MGamo Thursday, December 4th at 3:03PM EST (link)I wrote this with you in mind and was waiting to see what your response would be. I agree completely with your comments. My question is what would have happened if this occurred at a residence in NYC, instead of a night club? Would there be this amount of notice to him? I remember reading somewhere about a police officer’s reaction to this situation, saying, “If this (gun) law was enforced heavily, Brooklyn would be left with a third of its population remaining.” Makes you think…
“A man who never quits is never defeated.” - Fred D. Thompson
It's an academic question
kowalski Thursday, December 4th at 3:14PM EST (link)I think if it happened at a residence it still would have made a big splash just because Plaxico Burress is a famous person. He would have been wounded, he would have had to go to the hospital, and given his career the fact that he shot himself with his own gun would be pretty hard to cover up regardless of where it happens. He’s a justifiably famous man, which automatically magnifies anything that happens to him.
The real issue for all the other, non-famous people is this: New York City (and many others around the country) have terribly draconian firearms laws that effectively make you a criminal for wanting to protect yourself and your family. That’s wrong. I believe very strongly that people of all nationalities, races, genders, colors, creeds and level of physical ability are perfectly capable of learning the correct way to handle and carry a firearm if the law would permit them to.
I did it for three years with high school students, very successfully, so I know that it isn’t rocket science.
The guns will always be there, in one form or another — and for legitimate reasons. So what responsible governments do is encourage people to follow the law and take the necessary steps to educate themselves.
In reality, Plaxico Burress’ car is much more dangerous than the gun he was carrying, but he didn’t forget to lock the doors and take the keys out of the ignition when he went into the nightclub. It looks like he turned the safety off on his gun, however.
Well, if you want to inhibit that kind of thing to the maximum degree possible, you don’t penalize people for wanting to own guns or drive cars: you require that they become competent to do so. You encourage competency and responsibility instead of the opposite.
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Thugocracy ?
SteveLA Thursday, December 4th at 3:33PM EST (link)K
But here’s the thing, Plexaco and many NFL/NBA/WNBA what evers are role models for the Thugocracy in this country. If society gives him a pass on this, what’s next, B slapping a few H’s a B’s, because that is how it is in ‘Da Hood and that’s OK, he’s just a Jock from a disadvantaged background.
Sorry, if it was Joe the Plumber doing something dumb like this, would you give a Rat’s behind about what happens to him? I don’t get the giving a pass to athletes, pro or other wise, for bad behavior. With great gifts come great responsibilities, and going clubbing with a gun on Friday night before a game is so STUPID on so many many levels, I just can’t get an ounce of sympathy worked up.
Any chance Plex, Pac Man and Michael Vic can get in the same jail system, call it extended training camp or something.
______________________________________
Competency over ideological purity
I could care less about what happens to Plaxico Burress.
Diogenes314 Friday, December 5th at 10:11AM EST (link)…if it was Joe the Plumber doing something dumb like this, would you give a Rat’s behind about what happens to him?
The answer is no. The same with Burress. But I do care about what happens to the second amendment. And considering this guy’s name recognition and bank account this could be a good test case at the appealate level.
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No right exists in a vacuum
SteveLA Friday, December 5th at 7:26PM EST (link)Diognenes
No right exists in a vacuum, and that includes the Second Amendment rights to an arms.
It’s this sort of stupid actions by stupid people that makes defending gun ownership hard. In principle the Second means what it means, in practical terms, there are people and places that should never be mixed with guns and there are reasonable restrictions on gun ownership. Even if the NRA is worried about backing down, or the nose of the elephant in the tent or any of the other “stuff”, right is right, wrong is wrong and Plex is a idiot soon to have a criminal record.
Bars are one place where guns do not belong in the hands of idiots, and the law in NY is right here.
Guns in the hands of a psycho thug Football player can and should be regulated. I’ve got no problem with what the state of NY is about to do with Plex…maybe he can get in the same jails as OJ, Michael Vic and the rest of the jocks who are nuts.
______________________________________
Competency over ideological purity
Tennessee
Justin_Case Thursday, December 4th at 7:46PM EST (link)has a law that forbids those with CandC permits to enter establishments that sell or serve alcohol. I’m guessing the same would apply to NYC.
It would have been better had he not been in a night club, but carrying an unregistered hand gun in NYC is serious, plus the allegations of a false report being filed with the hospital will make it extremely difficult.
Carrying a weapon is a huge responsibility in many many ways.
Alaska likewise.
Achance Friday, December 5th at 10:09AM EST (link)We have among the most permissive gun laws in the Country, but you can’t carry in a licensed establishment or while under the influence. You WILL go to jail for either.
In Vino Veritas
I suggest that folks pick a better champion
Jeff Emanuel Thursday, December 4th at 3:45PM EST (link)He shot himself in the leg. Had the pistol been pointed in a different direction in his pocket, he could have shot somebody else in the leg or torso, perhaps killing them.
I’m a very big 2nd Amendment proponent, but Plax makes a very compelling case for stricter permit requirements and required safety classes, at least.
JE
more training has nothing to do with it
Doc Holliday Thursday, December 4th at 4:05PM EST (link)he didn’t even have the right to carry in NJ. BTW, it is hard to accidentally fire a glock. Sure there are no external safties, but with the “safe action” trigger system, you have to really make a point of pulling the trigger, just grazing it will not fire the weapon.
also, statistics show those with carry permits commit fewer crimes than clergy, police, and teachers. I agree people should take a safety class, but most states require them including Florida.
Molon Labe!
The main compelling idea I see is that you shouldn't act like an idiot with a gun
tcgeol Thursday, December 4th at 6:59PM EST (link)nt
Just your typical bitter gun- and God-clinger
I agree that training is good, but
oleslow Thursday, December 4th at 7:20PM EST (link)one person’s carelessness, nay stupidity, does not negate the much more compelling case made daily by CCW permit holders who carry without incident, even in states like mine(Mississippi) which do not require a safety course for a permit.
Anyone can stick a gun in their pocket, and many do, without a permit. Stricter permit requirements would make it harder for the law abiding citizen to carry, at little increase in the way of public safety.
Your point is a good one Jeff, but...
Marcus_Traianus Thursday, December 4th at 10:22PM EST (link)Consider this;
- Gun ownership, especially handguns is a monumental task in NY. I would liken it to an all out war against gun ownership- to the point where fees, permits, restrictions, etc. ensure only criminals are carrying.
- IMO that does nothing to promote public safety or general weapon safety either. Our legislators would rather; a- keep everyone from owning a gun; b- Collect the tax money and move on. Please don’t give them ideas for state sponsored gun safety courses- unless they plan on actually giving out more permits
-You really can’t get any stricter on permits in NY, especially NYC. Unless you are a merchant , security guard or law enforcement don’t bother. They will protect you- yeah, right.
- Even on long guns sport shooters who, say, want to own an AR-15/M4 type, need to remove the adjustable stock and flash suppresor or bayonet lug. Now I have been working a lot lately and maybe I missed all the bayonetings- but that is just plain stupidity. Protect the public? Oh, yeah- we all sleep better at night knowing there are less bayonet capable, sans flash suppresor assault weapons on the street.
Plaxico? Just dumb, but perhaps if they layed off the attempt to outlaw guns with honest everyday people and focus more on safety it would not have happened. Frankly, I think they should throw Bloomberg in jail for trying to contravene the Constitution and also for being judge and jury- the two faced, I am a Republican-Democrat twerp.
Last point; given a Mumbai type situation in NY; a few commuting citizens armed with decent handguns and training have a better chance of taking these guys out before they do too much damage. exempli gratia; there is not one law enforcement officer on several points in my daily commute.
“Both of our political parties, at least the honest portion of them, agree conscientiously in the same object—the public good; but they differ essentially in what they deem the means of promoting that good. One side believes it best done by one composition of the governing powers; the other, by a different one. One fears most the ignorance of the people; the other, the selfishness of rulers independent of them. Which is right, time and experience will prove.”.Thomas Jefferson
Contributor to The Minority Report
Reap what you sow.
Diogenes314 Friday, December 5th at 10:37AM EST (link)Last point; given a Mumbai type situation in NY; a few commuting citizens armed with decent handguns and training have a better chance of taking these guys out before they do too much damage.
Give that these guys are mearly psychotic, not stupid, the likelihood is that the next attack on U.S. soil will be in a powder blue city in a baby blue state.
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If you lived in NYC
Chance Haywood Friday, December 5th at 12:30AM EST (link)You would understand how retarded that statement really is. Getting a permit in NYC is nearly impossible. And by nearly impossible I mean it. Not only does it take a year to get it once you apply you are required make trip to physically pick up the application from your local police station and type out the answers to the application. And if that isn’t enough to discourage you then how about the fact it is only a premise license. In other words you are only legally allowed to carry it in your home. And if that doesn’t seem annoying enough if you happen to get a license in another NY county because of NYC law you are not even allowed to take your gun to that county.
Trust me the laws in NYC don’t need to be even a tiny bit more restrictive.
As far as I know you can get one but then the gun has to remain in your house which makes having the thing almost useless.
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on the bright side
bk Friday, December 5th at 10:50AM EST (link)If it can’t leave your home, then a thief wouldn’t steal it right?
(Yes, I’m being facetious.)
noteriety smoteriety
Doc Holliday Thursday, December 4th at 3:51PM EST (link)All men are created equal, all men have rights endowed by their Creator. Having said that, I have a bit of knowledge in this area. Unfortunately it is very unlikely that NY could be forced to recognize a FL permit. The reason is that many states have gone to “shall issue” over the last ten years, FL being one of them.
Shall issue basically means anyone who wants a carry permit has a right to get one unless the state can show they are not eligible. The liberal bastion states of MA, CA, IL, NY, MD and others almost never give carry permits, in fact in most of those states you need a permit even to own a firearm. Even in Shall Issue states, there is a process of recognition handled by the state police. One state can recognize another, but their is no reciprocity unless both states recognize and honor each other’s permits. My point is, that even in states that believe in the right to carry, many hurdles have to be passed for mutual recognition.
Trust me, I am not poo pooing your argument. I believe the Second Amendment is very clear. But I am trying to explain that NY is simply not going to recognize a FL carry permit. FL has handed out tens of thousands of permits to law abiding citizens, NY hands out a very few, mainly to liberal judges, politicos, and celebrities. Basically the only people with guns in New York are the criminals.
Molon Labe!
What the Heller decision did NOT say is not the best argument
Mike gamecock DeVine Thursday, December 4th at 8:07PM EST (link)against constitutionality. What it did say is. I am working on a column now that addresses those issues, the differences given that NY is a state and DC was not, as well as some arguments that the Second Amendment, like most all the Bill of Rights only applied to Congress, and not the states.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
So, GC, is the 2nd Am. incorporated?
Achance Friday, December 5th at 9:27AM EST (link)This will be an interesting one. The liberals will want NY to be able to have their anti-gun laws. The conservatives might want to revisit incorporation. Sounds like a lot of potential for a pluraity decision that nobody will understand or agree with.
In Vino Veritas
The best argument is NOT what Heller did NOT say
Mike gamecock DeVine Thursday, December 4th at 8:09PM EST (link)The best argument is NOT what Heller did NOT say, but rather what it did say. I am working on a legal analysis column now which will adress same as well as the distinction between DC and a state and the arguments that the 2nd Amendment only applies to the fed govt and not the states.
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
test
Mike gamecock DeVine Thursday, December 4th at 8:10PM EST (link)1
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
Florida resident here........
Kenny Solomon Thursday, December 4th at 9:44PM EST (link)I’m a huge 2nd Amendment supporter and multiple gun owner…….
But right now, in New York, the laws on the books are what’s enforced there and Mr. Burress has a huge problem and it may be much bigger than many people realize.
First off, the term is ‘Reciprocity’ …….. New York doesn’t have it…… The state does not honor ANY other state’s Concealed Carry Weapons Permit/License. Felony. Mandatory jail time just for having one with you and no NY permit.
He’ll lose his Florida license (probably has already) without question and the charges will most likely multiply due to unlawful interstate transport of a firearm. Felony again. More mandatory jail time.
If that firearm is legally his, they’ll ask how it got from Florida to New York. I’m making a guess here that Mr. Burress lives in New Jersey since the team practices and plays there (another state that has a dim view of The 2nd Amendment). I know it’s inference and a legality that can easily be argued, but it’s still a good probability that he’ll get a second unlawful interstate transport charge added from the NJ authorities …. there’s no reciprocity between Florida and NJ as well as NY and NJ either. Another felony with more mandatory jail time.
Interstate felonies. Hello FBI.
Random discharge of a firearm in public is (sarcasm here) ’somewhat frowned upon’, but when it happens in a place serving alcohol, the stakes go quite a bit higher (that’s one of the top-ten settings where you’re NEVER allowed to carry and that’s in all 50 states as far as I know) ….. another added felony. Hey there, BATF, welcome to the party.
Falsifying medical records of a gunshot wound goes to the attending physician (along with possibly everyone else working in the hospital who came into contact with him) and the “patient” equally… the doc will most probably lose his license in NY….. and it’s a good bet that if I can think about this, so can the doc’s lawyer ….. he’ll say that Mr. Burress and his friends (another player and one of the team’s trainers were there) coerced him into falsifying the records with bribes or other things. Whoopsie, now there’s a bunch of other people who are gonna pay huge and may even do some Graybar Hotel time with him.
From a multiple gun owner and firearm safety person (me), just having a handgun with you that’s not in a secure holster, has one in the chamber and with (d’oh !) the safety off isn’t illegal, but it is flat-out stupid, irresponsible and a mortal danger to everyone within range, including the person carrying.
I’m gonna get off my soapbox before I get all 2nd Amendment on this and really rant on Noo Yawk, Noo Joisey and all the other states who simply don’t understand “the right of the people to keep and bear Arms shall not be infringed”. I’d rant even harder on morons like Mr. Burress who …… well, I won’t go there.
Besides, I’ve got to get the video stream heated up……… it’s almost time for Cam & Co. on NRA-TV.
Cheers !
Of course you can have my guns……. Bullets first.
I didn’t say rounds, shells or magazines……
I said bullets first.
Burress incident
Bham Thursday, December 4th at 9:49PM EST (link)First a small technical observation: if Mr. Burress’ Glock works like my Model 26, you can’t “turn off” the safety features. There is a small lever in the middle of the trigger which, if not depressed as it would be in a normal firing motion, renders the gun unable to discharge. Glock handguns are engineered not to dischage accidently if dropped. Assuming that Mr. Burress’ handgun was not defective, I can only assume that in grabbing for the gun — perhaps it was falling — he caught the trigger and it fired.
Second observation: Burress used very bad judgement, in oh so many ways. But enough with the “shooting himself in the foot jokes.”
Third observation: Mayor Bloomberg is showboating and Burress is his unfortunately foil.
Fourth observation: NYC gun regulations are very nearly as ill-conceived and illegal as the DC regulations overturned in the Heller decision earlier this year.
Might Mr. Burress be the unlikeliest of test cases to bring Heller to bear on NYC?
Bellinghamster
I'm a huge 2nd Amendment supporter and multiple gun owner.
Kenny Solomon Thursday, December 4th at 10:50PM EST (link)But right now, in New York, the laws on the books are what’s enforced there and Mr. Burress has a huge problem and it may be much bigger than many people realize.
First off, the term is ‘Reciprocity’ …….. New York doesn’t have it…… The state does not honor ANY other state’s Concealed Carry Weapons Permit/License. Felony. Mandatory jail time just for having one with you and no NY permit.
He’ll lose his Florida license (probably has already) without question and the charges will most likely multiply due to unlawful interstate transport of a firearm. Felony again. More mandatory jail time.
If that firearm is legally his, they’ll ask how it got from Florida to New York. I’m making a guess here that Mr. Burress lives in New Jersey since the team practices and plays there (another state that has a dim view of The 2nd Amendment). I know it’s inference and a legality that can easily be argued, but it’s still a good probability that he’ll get a second unlawful interstate transport charge added from the NJ authorities …. there’s no reciprocity between Florida and NJ as well as NY and NJ either. Another felony with more mandatory jail time.
Interstate felonies. Hello FBI.
Random discharge of a firearm in public is (sarcasm here) ’somewhat frowned upon’, but when it happens in a place serving alcohol, the stakes go quite a bit higher (that’s one of the top-ten settings where you’re NEVER allowed to carry and that’s in all 50 states as far as I know) ….. another added felony. Hey there, BATF, welcome to the party.
Falsifying medical records of a gunshot wound goes to the attending physician (along with possibly everyone else working in the hospital who came into contact with him) and the “patient” equally… the doc will most probably lose his license in NY….. and it’s a good bet that if I can think about this, so can the doc’s lawyer ….. he’ll say that Mr. Burress and his friends (another player and one of the team’s trainers were there) coerced him into falsifying the records with bribes or other things. Whoopsie, now there’s a bunch of other people who are gonna pay huge and may even do some Graybar Hotel time with him.
From a multiple gun owner and firearm safety person (me), just having a handgun with you that’s not in a secure holster, has one in the chamber and with (d’oh !) the safety off isn’t illegal, but it is flat-out stupid, irresponsible and a mortal danger to everyone within range, including the person carrying.
I’m gonna get off my soapbox before I get all 2nd Amendment on this and really rant on Noo Yawk, Noo Joisey and all the other states who simply don’t understand “the right of the people to keep and bear Arms shall not be infringed”. I’d rant even harder on morons like Mr. Burress who …… well, I won’t go there.
Cheers !
Kenneth L Solomon…………Typical Bitter Jewish God-Clinging Gun Owner And Barking Mad Insane NASCAR Fan……………Please support the Jamie McMurray Foundation For Autism Speaks.
Of course you can have my guns……. Bullets first.
I didn’t say rounds, shells or magazines……
I said bullets first.
Wait a minute
GregInFla Friday, December 5th at 12:03AM EST (link)Are you saying that Burress had a concealed carry permit in Florida? If so, he would have had to take a course to get such a thing (my wife and I are taking such a 10-hour course next weekend). And if he did, he should know how to handle the gun. That’s why a permit is required. I also heard that the Florida permit had expired, and if so, it’s as if he never had one.
– A true evolutionist would let endangered species die off. Anyone care to change sides?
Support Marco Rubio for US Senate.
Greg...........
Kenny Solomon Friday, December 5th at 9:41PM EST (link)Knowing nothing about him (other than he’s a pretty good wide receiver), apparently Mr. Burress had a carry permit here in Flori-duh - as in past-tense - had. Same as you, of what I heard, his permit expired.
But that wouldn’t matter anyway, because there’s no reciprocity to New Jersey or NY for carrying even if he still has a valid Florida permit.
Mr. Burress is in deep doo-doo.
PS………. I just bought a new Sig (SP2022 - 9mm) and since I’ve never seen the rig before (other than a quickie test firing), I’m taking pro lessons with the thing in a few days. I told my instructor to (try to) treat me as if I’ve never seen any handgun before.
Cheers !
Kenny
Of course you can have my guns……. Bullets first.
I didn’t say rounds, shells or magazines……
I said bullets first.