Send Plaxico to Jail?

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THE ISSUE

Plaxico Burress scores the winning touchdown in Super Bowl XLII

New York Giants wide receiver Plaxico Burress faces a minimum of 3½ years jail time if convicted of criminal handgun possession stemming from an incident in which he accidentally shot himself in the leg at a New York City nightclub.

Fortunately for the Super Bowl hero, the injury was not serious.  Unfortunately, Burress did not have a permit to carry the weapon, and the city of New York has stringent gun control laws.  Mayor Michael Bloomberg has advocated prosecuting him to the fullest extent of the law.

Does Plaxico Burress deserve serious prison time?

Arguments For

+1 point
mrissues's picture
By mrissues - Dec 6, 2008

"We are not overreacting. We are killing our kids, killing our police officers, killing you and me -- there are too many guns in the streets," Bloomberg said in his morning radio show.

"If we don't prosecute [him] to the fullest extent of the law, I don't know who on Earth we would," he continued. "It makes a sham, a mockery of the law. And it's pretty hard to argue the guy didn't have a gun and that it wasn't loaded."

"I'm not picking on Plaxico, I don't even know if I met the guy. But the bottom line is that the law should apply to everyone. To take a gun into a crowded nightclub where people drink and push each other around. There's a reason for this law. It is to convince you to not do this. There's nothing to do with him."

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+1 point
edb's picture
By edb - Dec 8, 2008

Let's see:

  • The guy went to a nightclub with an illegal gun.
  • He handled the gun in an unsafe manner (kept it in the waistband of his sweatpants!)
  • He left the safety off.
  • He got drunk while performing these unsafe actions.
  • He put himself and others in danger.
  • It's not the first time he's gotten into trouble.
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Arguments Against

-2 points
mrissues's picture
By mrissues - Dec 6, 2008

New York Giants star receiver Plaxico Burress is facing a mandatory 3½ years in prison and the end of his football career. His crime? Not having a license, which New York City never would have issued him, for the exercise of his constitutional right to bear arms.

To be sure, Mr. Burress got caught because of what appears to have been stupid and irresponsible behavior connected with the handgun. But he does not face prison for shooting himself. His impending mandatory sentence highlights the unfairness and unconstitutionality of New York City's draconian gun laws.

Mr. Burress's behavior was bad. However, Mr. Burress is not facing prosecution for carelessness, but simply for carrying a weapon. This is unjust and perhaps unconstitutional.

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