GetMoney55 11 Report Share Posted December 3, 2008 I'm watching the Ohio State/Miami game and along the bottom ticker came news that Bradshaw was with Burress and is going to be questioned by police, but isn't expected to be a suspect for anything. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted December 3, 2008 As for having a weapon permit, doesn't mean he can carry into nightclubs.... There still rules to a weapons permit..... I know I have one for law enforcement... Not only that, Plaxico's handgun was neither licensed nor registered. "All aboard, next stop: PRISON. Estimated time of arrival: 3.5 years." Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted December 3, 2008 If it's not registered they might have issues proving it's actually his...then the whole "right to bare arms" issue....this is far from a slam dunk case. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted December 3, 2008 (edited) If it's not registered they might have issues proving it's actually his...then the whole "right to bare arms" issue....this is far from a slam dunk case. First, there is no Second Amendment dispute here, and it's hard to see where one would be brought up. Especially with the DC Handgun Ban case having been decided not 6 months ago. Plaxico obviously has the right to purchase a gun, but the Constitutionality of registration and licensing has been upheld numerous times. Moving on... Second, One thing they teach us is that no legal case is a slam dunk. But this one's certainly not the most complicated case you'll ever see. It's not even that complicated at all; let's just say that I won't be seeing this on my Criminal Law exam. Even if the handgun isn't registered, tracing the serial number of the handgun will reveal the shop from which it was purchased. This paper trail will lead to the purchaser, who had to undergo background checks pursuant to New York's stringent handgun laws. This paper trail will also likely reveal credit card information, were it used to purchase the weapon. If this purchaser is "Plaxico Burress" or someone closely related to him, it makes the prosecution's case that much easier. Even if not, Plaxico's not registered to carry a handgun (already proven), and he had the gun on his person (obviously) when he shot himself. I don't have access to the New York statute (just haven't looked it up), but Plaxico's well on his way to satisfying the mental and non-mental elements of this offense. And it carries a MINIMUM sentence of 3.5 years. Edited December 3, 2008 by UVAObserver Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted December 3, 2008 all i'm saying is that if it boils down to him doing 3.5 years in the slammer, he has the funds to put up a good fight and I'd think they will bring everything to the party you can think of plus some. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted December 3, 2008 (edited) all i'm saying is that if it boils down to him doing 3.5 years in the slammer, he has the funds to put up a good fight and I'd think they will bring everything to the party you can think of plus some. I may have misinterpreted where you were going, so I apologize if I did. I totally agree with this. He's going to hire only the best lawyers in order to try to get him out of this. However, I have a strange feeling that Plaxico's going to be paraded as an example. Especially with Mayor Bloomberg badgering the District Attornies to prosecute him to the fullest extent of the law. If this case makes it to trial, Burress is crispy, burnt toast. 3.5 years will be GENEROUS if he has to come before his peers/judge. However, most cases never make it to trial, and you better believe the Burress defense counsel's going to be working feverishly to try to strike a plea deal. However, in order for Burress to duck jail time, he's going to have to be charged with a lesser offense, or perhaps the 1 of the 2 "failure to register/failure to license" combination. However, you'd have public perception weighing against this in two converging directions. One from the "gun laws are meaningless if you let him go" crowd, one from the "look, another athlete getting preferential treatment" crowd. Let's just say that the prosecution has MUCH leverage here, and with any amount of evidence, they're not backing down. It's a perfect storm converging against Burress, and if that gun's linked back to him through discovery (and it's a Glock, not exactly a "Joe Schmo" handgun), then his NFL career's over unless his attornies do some VERY fancy footwork. Edited December 3, 2008 by UVAObserver Quote Link to comment Share on other sites More sharing options...
Lance 228 Report Share Posted December 3, 2008 i think the fact that Bloomberg shot his mouth off so early on might actually help him...rush to judgement sort of thing...he was calling for his head before he was even charged with anything...and depending on what the demographics of the jury end up being, if it goes that far...then you could get a huge swing one way or the other...i doubt it will go that far unless they get hell bent of trying to just send him to the slammer as an example like you said...I'd guess he would be able to plea out of it without going to jail...but who knows how it will play out...Plex seems to hurt his own cause from time to time...his lawyers will have fun trying to just keep him calm. Quote Link to comment Share on other sites More sharing options...
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