3-1/2yr MANDATORY prison sentence for NY Giants player who shot himself in leg

[Little-Acorn]

Some player on the NY Giants football team was carrying a gun when he went into a bar. It slipped, and when he grabbed it, it went off, the bullet hitting him in the leg.

Now, it appears that having a bullet in his leg is the least of his problems. New York law says there's a 3-1/2 year MANDATORY sentence for carrying a gun.

The guy's obviously an idiot, carrying a gun with the safety off and not properly holstered. Especially in a crowded room where an AD could hurt someone other than himself. They should probably charge him with some sort of reckless carry, or maybe "negligent discharge of a firearm" or something.

But three and a half years in prison, MANDATORY??? Which he would get even if the gun were cocked and locked safely in a holster, and never fired?

Lots of New York laws need revising. This looks like a real good place to start. After all, look how much good this law has done: All the people carrying in violation of this law, are in jail now! Ummm, aren't they?

-------------------------------------------------

http://www.nydailynews.com/news/ny_crime/2008/12/01/2008-12-01_mayor_bloomberg_fuming_over_plaxico_shoo-3.html

Mayor Bloomberg fuming over Plaxico shooting: Throw the book at him

BY FRANK LOMBARDI, ALISON GENDAR and JONATHAN LEMIRE
DAILY NEWS STAFF WRITERS

Updated Tuesday, December 2nd 2008, 9:58 AM

An irate Mayor Bloomberg Monday demanded that prosecutors throw the book at Giants star Plaxico Burress for bringing a loaded handgun into a crowded midtown nightclub and accidentally shooting himself in the leg.

Bloomberg also slammed New York-Presbyterian Hospital Weill Cornell and the Giants for not immediately reporting the shooting to police - cops learned of it from TV - and said it would be an "outrage" if Burress got special treatment.

"It's pretty hard to argue the guy didn't have a gun and that it wasn't loaded," Bloomberg said, lashing out at the man who caught the winning touchdown in the 2008 Super Bowl. "You've got bullet holes in and out to show that it was there."

A Weill Cornell spokeswoman said late last night an employee has been suspended in connection with the case, but she would not name the worker or divulge any details about the sanction. "Not reporting a gunshot wound [to police] is a clear violation of our policies and procedures," she said.

Burress had a loaded Glock semiautomatic in his waistband at the Latin Quarter nightclub early Saturday when it slipped down his pant leg and went off when he tried to grab it, police said.

New York law requires a minimum of 3 1/2 years in prison for a conviction of second-degree criminal possession of a weapon, the charge Burress faces.

"I don't think that anybody should be exempt from that," Bloomberg said. "It would be an outrage if we don't prosecute to the fullest extent of the law."

Not prosecuting celebrities would make "a sham, a mockery of the law," the mayor asserted. The mandatory sentencing would not necessarily apply if Burress is offered a plea bargain.

Defense lawyers said prosecutors are loath to cut a deal. "The DAs . . . have been very hard-nosed on this," said veteran criminal defense lawyer Martin Geduldig. "They expect jail time."

[Trigg]

He will probably get a plea bargain. 3 1/2 years is a little much.

However, the guy was walking around with a bullet in the chamber of an semiautomatic weapon WITH THE SAFETY OFF. What the hell was he thinking???

He could have shot/killed someone in the crowded club. He should consider himself lucky that the only person hurt was himself.

[manu1959]

almost a darwin award winner......

[Yurt]

you want this law changed, but want to adhere strictly to hillary being disqualified....interesting.

[Des]

Yes, all people who carry concealed weapons illegally are in jail, because absolutely all of them are stupid enough to enter a bar and shoot themselves.

[dan]

He's famous, he's not going to jail, especially not for 3 1/2 years.

I'm with Manu, though, he definitely gets the almost-Darwin award.

[manu1959]

He's famous, he's not going to jail, especially not for 3 1/2 years.

I'm with Manu, though, he definitely gets the almost-Darwin award.

do you really think a jury won't toss the book at him for screwing with the giants this year......

[darin]

NY has many stupid laws. Yet people flock there like the salmon of capistrano.

[dan]

do you really think a jury won't toss the book at him for screwing with the giants this year......

They looked fine on Sunday. Allow me to be unbelievably cynical for a second: he's famous and black. The jury will be black. He'll get a big fine, definitely be gone from the Giants, but no jail time. In my opinion.

[Psychoblues]

I've been carrying for over 40 years. And I've spent a lot of time in crowded bars all over the country and world. I've never been arrested or shot anyone including myself.

The man is an idiot. Just how do you figure that out before you sell someone a gun?!?!?!?!?!?!?!?!??! There are those that have no business in possession at all, don't you know?!?!?!?!?!?!??!

Psychoblues

[5stringJeff]

NY has many stupid laws. Yet people flock there like the salmon of capistrano.

That would be the swallows of Capistrano. :)

http://www.sjc.net/swallows/

[avatar4321]

What exactly was illegal here? im not familiar with NY law but carrying a gun in and of itself?

[5stringJeff]

Yes. In NY, it is illegal to even own a pistol without a license. And getting a license is not guaranteed - you pretty much had to ask the county judge Mother May I. A friend of mine applied for a license there, and it took six months. The only good thing about it is that a license to own is also a license to carry concealed. Oh, yeah, and NYC has even more restrictive licensing procedures. Basically, if you're not retired NYPD or a billionaire, don't even bother applying.

In Burress's case, he didn't have a license - because he's not a NY state resident and can't apply for one. And, since neither NY nor NYC recognizes concealed weapons permits from any other state, Burress's Florida license (which was expired) wouldn't have been valid. So he shouldn't have been carrying there in the first place. However, that doesn't make NY's gun laws any less draconian.

[Missileman]

Yes. In NY, it is illegal to even own a pistol without a license. And getting a license is not guaranteed - you pretty much had to ask the county judge Mother May I. A friend of mine applied for a license there, and it took six months. The only good thing about it is that a license to own is also a license to carry concealed. Oh, yeah, and NYC has even more restrictive licensing procedures. Basically, if you're not retired NYPD or a billionaire, don't even bother applying.

In Burress's case, he didn't have a license - because he's not a NY state resident and can't apply for one. And, since neither NY nor NYC recognizes concealed weapons permits from any other state, Burress's Florida license (which was expired) wouldn't have been valid. So he shouldn't have been carrying there in the first place. However, that doesn't make NY's gun laws any less draconian.

You don't think people should be required to get a permit (license) to carry concealed?

[Little-Acorn]

You don't think people should be required to get a permit (license) to carry concealed?

The people who wrote and ratified the 2nd amendment, didn't think so.

In fact, their opinion is now the law of the land, however ignored by the "authorities" in New York, and (until recently) in the Wash DC City Council.

Hopefully the DC v. Heller case is the first step on the long road back to freedom and rationality for the right to keep and bear arms - open or otherwise.

[Missileman]

The people who wrote and ratified the 2nd amendment, didn't think so.

In fact, their opinion is now the law of the land, however ignored by the "authorities" in New York, and (until recently) in the Wash DC City Council.

Hopefully the DC v. Heller case is the first step on the long road back to freedom and rationality for the right to keep and bear arms - open or otherwise.

This isn't a 2nd amendment issue unless you want to make some stupid argument that the government shouldn't restrict weapon ownership at all. Noone's saying that Burress can't own a gun or even that he can't carry concealed, only that a permit is required to carry concealed and that carrying concealed without a permit gets you 3 1/2 years in jail.

Pretty hard to take you seriously about being concerned for the gun rights of law-abiding citizens when you go to bat for a law-breaking one.

[5stringJeff]

You don't think people should be required to get a permit (license) to carry concealed?

I didn't say that. I actually think you should get a license to carry concealed. I oppose NY's laws that make it a crime to own a pistol wihtout a license.

[Missileman]

I didn't say that. I actually think you should get a license to carry concealed. I oppose NY's laws that make it a crime to own a pistol wihtout a license.

He's not charged with illegally owning a gun.

http://www.thesmokinggun.com/archive/years/2008/1201081burress1.html

[avatar4321]

You don't think people should be required to get a permit (license) to carry concealed?

Why should anyone need the governments permission to bear arms?

[Missileman]

Why should anyone need the governments permission to bear arms?

Reality check! This IS NOT about gun ownership! Next you'll be arguing that kids should be allowed to bear arms in school or that everyone should be allowed to bear arms on an airplane.

[DragonStryk72]

He's famous, he's not going to jail, especially not for 3 1/2 years.

I'm with Manu, though, he definitely gets the almost-Darwin award.

Yeah, being from NY originally, I think he is going to jail. they tend to have the opposite view of celebs up there, and with Bloomberg calling the shots for the DAs, they're simply not going to accept a plea.

[5stringJeff]

He's not charged with illegally owning a gun.

http://www.thesmokinggun.com/archive/years/2008/1201081burress1.html

According to NY Penal Law (http://law.onecle.com/new-york/penal/PEN0265.03_265.03.html):


§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms.
Criminal possession of a weapon in the second degree is a class C
felony.

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star";

While ownership is not addressed, possession of a firearm that you own would be illegal under NY law.

The fact that Plax is charged with Criminal possession of a weapon in the 2nd degree is significant. The city will have to prove that Plaxico had the intent to use the firearm against someone else.

[Missileman]

According to NY Penal Law (http://law.onecle.com/new-york/penal/PEN0265.03_265.03.html):



While ownership is not addressed, possession of a firearm that you own would be illegal under NY law.

The fact that Plax is charged with Criminal possession of a weapon in the 2nd degree is significant. The city will have to prove that Plaxico had the intent to use the firearm against someone else.

I'd say it's a slam dunk. He didn't have the gun with him to shoot a deer.

As for the 4th degree, Number 1 and 2 are tied together:

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another;

That last line applies to #1 also, otherwise EVERY gun owner in NY would be guilty of a misdemeanor.

[5stringJeff]

I'd say it's a slam dunk. He didn't have the gun with him to shoot a deer.

As for the 4th degree, Number 1 and 2 are tied together:

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another;

That last line applies to #1 also, otherwise EVERY gun owner in NY would be guilty of a misdemeanor.

I don't think you're correct about 1 and 2 being tied together. But perhaps one of our resident lawyers could assist that.

But possession of a pistol without a license is criminal. That's what makes NY gun laws so intolerable.