Archive for the ‘Legal’ Category

Burress Arraigned; More Details

December 1st, 2008

Additional details of the Plaxico Burress incident came to light at the New York Giants wide receiver’s arraignment yesterday afternoon. For earlier GP coverage, see this and this.

In the New York Times:

Mayor Michael R. Bloomberg and the Police Department criticized the Giants, who they said neglected to notify the authorities of the shooting, and NewYork-Presbyterian Hospital/Weill Cornell Medical Center, where Burress was treated, for failing to call the police about his gun-related injury, as state law requires.

The NFL says that it did, in fact, contact the police. Burress is out on $100,000 bail.

Here’s the story of what went down:

Burress arrived at the Latin Quarter nightclub in Manhattan at 1:20 a.m. Saturday morning, with four others, including two teammates.

The criminal complaint, released by prosecutors Monday, said that an onlooker then saw Burress near the V.I.P. area of the club holding a drink in his left hand and fidgeting his right hand in the area of the waistline of his pants. The witness then heard a single “pop” sound before hearing Burress say, “Take me to the hospital.”

Burress was on the ground, with his legs shaking, when a bloody gun — a .40-caliber Glock pistol — fell out of his pant leg and onto the floor, the onlooker said. Investigators believe that Pierce was standing next to Burress when the gun went off. The bullet, which broke through the skin of Burress’s right thigh and pierced muscle tissue, traveled through the leg before lodging itself somewhere in the club.

The handgun was later found, minus magazine and with an empty chamber, in teammate Antonio Pierce’s vehicle.

I think it’s safe to say that no one was following any safety rules. Or common sense. Or the law, for that matter.

Expect the Brady Bunch to jump on this and claim that Burress represents one of the “law abiding gun owners” and, as one, is an example of why gun ownership should be outlawed. Never mind that Burress was in possession of an illegal gun without a permit to carry any concealed weapon in a state that didn’t honor the permit he previously had in an establishment that serves alcohol and was drinking.

Intent is non-transferable

December 1st, 2008

Robb Allen:

Meet Gustav. Gustav is a 4th generation piano wire maker.

Look, just go read the whole thing.

More on Burress

December 1st, 2008

Plaxico Burress & Antonio Pierce partying after their Super Bowl win in February

Plaxico Burress & Antonio Pierce partying after their Super Bowl win in February

He surrendered to New York City police this morning, and more details about this incident are emerging:

[His lawyer, Benjamin] Brafman said Burress held a gun permit in Florida. Online records show that the permit expired May 21. Even if it were renewed, it would not matter. According to New York law, one must hold a New York gun permit to carry a concealed weapon in the state. Burress does not.

Burress also did not have a permit to carry a firearm in New Jersey, his state of residence, according to Chief Robert Coyle of the Totowa Police Department. He added that a Florida permit was not recognized in New Jersey. “He wouldn’t be able to carry here at all,” he said.

Linebacker Antonio Pierce is directly involved as he appears to have carried Burress’ gun into New Jersey.

The story includes some comments by Giants co-owner and president John Mara:

To prevent situations like Burress’s, the league and its teams meet with players every year to try to educate them about gun possession and the complications of it, Mara said.

“Players, for whatever reason, feel the need to carry guns,” Mara said before the game. “It’s not something that we’re particularly pleased about, but that is the choice that they make. You’d like to think that most of them are licensed to do that, but I’m not sure that is always the case.”

Just a week ago I pointed out a post at Rustmeister’s Alehouse discussing security issues surrounding NFL players.

Uncle points out that Mike Ditka says the NFL should prohibit players from owning guns.

What’s a bigger problem in the NFL? Gun incidents or motor vehicle incidents? I’d be there are a thousand speeding/DUI/accident stories involving NFL players for every gun-related story.

I missed the part where Ditka said the NFL should prohibit players from owning cars.

And, yes, I’m aware that there’s a difference between owning guns and owning cars.

The difference is that one of them is a God-given right that is guaranteed by the United States Constitution.

UPDATE: Link to the NYT story corrected to point to the same story it pointed to when I wrote this. More details about exactly what happened: Burress Arraigned; More Details

Databases in Delaware

December 1st, 2008

Jeff Soyer: Cops Fish Mental Health Records

In a good piece of investigative reporting, the Delaware News Journal has uncovered the fact that state police there routinely access databases intended only to be used at the time of a firearm purchase. Even for that, it’s being abused.

The story is here: Gun checks may violate federal law

When the firearms unit was created, the debate in the House was “strictly about purchases, not enforcement,” said House Minority Leader Richard C. Cathcart, R-Middletown. “It seems to me this violates — at a minimum — the intent of the legislation.”

Cathcart, who received an “A+” rating from the NRA before his recent re-election, said the supercheck process needs a quick statutorial fix.

“Obviously, there is a right to bear arms, but the way this is being applied, basically they’re saying it’s a privilege, and they have a right to take away that privilege from people,” Cathcart said. “I have a huge problem with this.”

You should read the whole thing.

Once that data is out there, it’s going to be looked at. Not always by the people or for the reasons intended. If this supercheck backdoor gets closed, you can bet that a future incident, maybe not even gun-related, will convince someone that a “lack of communication” led to tragedy, or that law enforcement’s lack of access hampered their ability to do their job. And the “back door” will possibly become law for the common good.

A gang of libertarian lawyers

November 19th, 2008

How the Second Amendment Was Restored

Brian Doherty at Reason:

In retrospect, D.C. v. Heller seems almost inevitable, because of shifting public and academic attitudes toward gun rights. But victory came only after a protracted struggle, with many pitfalls along the way. It was pulled off by a small gang of philosophically dedicated lawyers—not “gun nuts” in any stereotypical sense, but thoughtful libertarians who believe Second Amendment liberties are a vital part of our free republic. Together they consciously crafted a solid, clean civil rights case to overturn the most onerous and restrictive set of gun regulations in the country. In the process, they set the stage for further legal challenges to other firearms restrictions from coast to coast.

No Marshmallow Guns?

November 14th, 2008

What is America coming to?

via Sebastian.

Paperless Rifles

November 13th, 2008

David at RNS: I’ve taken a bit of a different tack than most folks. I’m not buyin’ EBRs right now.

What’s that, you say? You can’t do that in California?

Well, to borrow a phrase yes, we can! The state law has a couple of loopholes exceptions to the requirement that all gun sales go through an FFL and be reported to the State Bureau of Firearms. The exception I’m using is for long guns that are curios and relics (not necessarily on the Federal C&R list, although it helps) and more than 50 years old. Those may lawfully be transferred between two California residents without any paperwork.

.22s Can be Deadly

November 8th, 2008

Boy, 8, charged with killing two, including dad

This double killing in St. Johns, Arizona, by an 8-year-old was carried out with a .22 rifle. Don’t discount the capability (or the danger) of a .22.

Meanwhile, police screwed up by not reading the kid his rights and by interviewing him (rather forcefully, it seems) without any legal representation present.

NY court on gun storage

November 7th, 2008

Eugene Volokh: As I read it, the court thinks that requirements that a handgun be stored locked or inoperable are unconstitutional

Regardless, this doesn’t mean “don’t keep your guns safe.” Every gun owner has a responsibility to be safe, and that includes when storing the weapon. What this could mean is that the government might not be able to mandate that you store your gun in a way that makes is completely unusable at short notice. (via Instapundit)

UPDATE: Don’t think it’s all roses in NY, though: Bad Day for New York Gun Owners

Three Strikes

October 30th, 2008

Dr. William Petit, whose wife and two daughters were killed by two career criminals in Cheshire, CT, last year, has become an activist for the “Three Strike Law.” The law would five a mandatory life sentence on anyone convicted for the third time for a violent felony.

Petit’s wife and youngest daughter were raped. The mother was strangled to death and the two girls were tied in their beds and left to die when the two invaders set the house on fire.

ABC’s Good Morning America brought on a home defense “expert” who suggested that wind chimes and cactus on the windowsill would deter invaders.

UPDATE: From a commenter:

If cactus was actually effective at stopping malefactors, CT and MA would’ve required a license to buy, sell, and transport it long ago.

GunPundit.com