Legalities
Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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Free Plaxico Burress
December 04, 2008 11:06 AM
Cato’s David Koppel has an interesting piece in today’s WSJ suggesting New York Giants star Plaxico Burress’s arrest for carrying a handgun into a New York nightclub violates his 2nd Amendment right to keep and bear arms.
For those of you who somehow missed this story because you're focused only on college football, Burress caused himself a world of trouble by accidentally shooting himself in the leg at the club over the weekend. His behavior was bad, no doubt. But as Kopel points out, you have to remember he's not being prosecuted for carelessness or stupidity. He's being prosecuted simply for carrying a gun.
His possible punishment? A mandatory 3 1/2 –year jail sentence and possibly the end of his football career. That’s both excessive and, says Kopel, may well be unconstitutional.
Burress had a handgun carry permit when he lived in Florida. He brought his gun with him to the New York area when he moved to play for the Giants. His stupid mistake was taking the gun to a nightclub, where it accidentally fired and struck his thigh.
But Kopel says it’s absurd to punish him more than a robber—or to punish him at all. That’s because New York’s “draconian” gun laws clearly are unconstitutional, he says, after the Supreme Court’s ruling this past summer that individuals have a constitutional right to keep and bear arms.
Kopel points out that in New York, nonresidents can't even apply for the licenses to possess or carry handguns. And New York, unlike most states, won't honor those permits from other states allowing owners to carry guns. That's discrimination against non-residents, Kopel says, and "will probably be ruled unconstitutional."
As for residents, New York and New Jersey have problems there, too, Kopel says. Forty states now issue carry permits after a background check and a safety class. But in New Jersey, he notes, those permits "are virtually never issued." In New York City, he says the permits are issued, "but to applicants with some form of political clout rather than on the basis of his or her need for protection."
Now the 2nd Amendment probably doesn't require New Jersey or New York City to hand out carry permits as readily as, say, Connecticut or Alabama, Kopel says.
"But with a population of several million and only a few thousand (consisting mainly of politicians, retired police and celebrities) able to get permits," he says, "New York City's licensing process is almost certainly unconstitutional on a number of grounds, including sheer arbitrariness."
Kopel concludes: “Some commentators contend that Plaxico Burress should have hired bodyguards, instead of carrying a gun himself. Mr. Burress might now agree. But people who aren't as wealthy as he is also deserve to be safe, and they don't have the money for bodyguards. New York City needs to regularize its carry permit system so that law-abiding people can protect themselves, especially if their circumstances (such as being a witness to a gang crime) place them at heightened risk.”
December 4, 2008 | Permalink | User Comments (4)
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Seems the laws have a good way of protecting people from themselves.
Shame Mr. Burress didn't obey it, for if he did, I'm sure he'd be on the field this Sunday when they lose to the Eagles.
Posted by: Deep Release | Dec 4, 2008 11:46:05 AM
I feel the argument here is counterintuitive.... This incident with Burress is exactly why there should be more gun control.... When people carry guns, people will get hurt- whether it's with intent or by accident, people will get hurt... The 2nd Amendment is outdated, created during a time when guns were slow loading rifles that were indeed used for hunting and protection and the population of the whole country was in the 10s of thousands... Allowing easier access to carrying hand guns and concealed weapons (especially in a city of 8 million people) would by far be irresponsibly unsafe and the consequences would outweigh the benefits... The next time you bump in to someone on a subway who's having a bad day, it could turn in to a shoot out at the ok coral... Or if you have someone uneasy about the black man coming in the opposite direction late at night, they could shoot him because they felt "unsafe" and wanted protection.... The truth is, this is modern times, not the lawless old west... If you want a hand gun or a rifle to protect your home, ok... That's one thing... But people don't need to carry guns with them everywhere...
Posted by: cuse1727 | Dec 4, 2008 12:02:17 PM
That's why I love you Jan. Only you can take a football story and weave in a constitutional argument on the 2nd amendment.
Posted by: Fred | Dec 4, 2008 1:11:26 PM
That's why I love you Jan. Only you can take a constitutional argument on the 2nd amendment and weave in a football story.
Posted by: Ethel | Dec 8, 2008 3:46:41 AM
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