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CMFG
12-24-08, 15:09
NEW YORK (CNN) -- A 9 mm handgun, a rifle, ammunition and clothing were confiscated during a search of the home of New York Giants wide receiver Plaxico Burress, police said Wednesday.


New York Giants receiver Plaxico Burress surrenders at the 17th police precinct in Manhattan.

The confiscated clothing included the sneakers and blood-stained jeans worn by Burress on November 28, when he accidentally shot himself in the leg at a Manhattan night club, said Dennis Blakely, a police detective in Totowa, New Jersey, where Burress lives.

Burress has been charged with two counts of second-degree criminal possession of the gun with which he shot himself.

Blakely said it is unclear whether Burress has permits for the weapons found in his home Tuesday. If not, additional charges would be likely.

"He's not around, we don't have any paperwork for the weapons, so we'll have to find out," Blakely said.

Burress' wife and an associate from the office of his attorney, Benjamin Brafman, were present during the Tuesday night search, as were New York Police Department officers and investigators from the Manhattan district attorney's office, in addition to Totowa police.

Brafman would not comment on the case to CNN, while the district attorney's office said it "can neither confirm nor deny" information about the search.

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Officials would not comment on additional published reports that a case full of money was found at Burress' house.

Burress could face up to 15 years in prison if convicted on the two counts he currently faces, the Manhattan district attorney's office has said.

After the shooting, the Giants suspended Burress for the regular season's four remaining games and placed him on the reserve/nonfootball injury list, effectively ending his season.

New York Presbyterian Hospital suspended a worker in early December for failing to notify police of Burress' gunshot wound, as is required by law.

The shooting was the latest bump in a rocky season for Burress, who became a hero of last season's Super Bowl when he caught the game-winning touchdown pass from quarterback Eli Manning with 35 seconds remaining.

He was fined and suspended from the team's October 5 game for reportedly missing a practice without notifying the team. Later, he was fined $45,000 by the NFL after an October 19 game during which he argued with a referee and threw a football into the stands.

HES
12-24-08, 16:27
I wonder if Heller could be used as a defense since we have a RTKAB at least in the home and no allowance was made for reasonable restrictions.

VooDoo6Actual
12-24-08, 16:47
What a MESS !

hyrepower
12-24-08, 17:37
I can't believe this can happen in this country. The guy shoots himself, meaning to do no harm to anyone, and gets a huge felony beef. Only in "the land of the free" can this happen. What a spit in the face of freedom.

Iraqgunz
12-24-08, 17:42
Let's not forget that he was carrying ILLEGALLY which is what brough this about. Would you have felt the same if the same gun he shot himself with had killed an innocent person in the club? The laws of New York are what they are just like other shitty places.


I can't believe this can happen in this country. The guy shoots himself, meaning to do no harm to anyone, and gets a huge felony beef. Only in "the land of the free" can this happen. What a spit in the face of freedom.

BAC
12-24-08, 17:53
I wonder if Heller could be used as a defense since we have a RTKAB at least in the home and no allowance was made for reasonable restrictions.

Nope. Heller is entirely unrelated to this mess.


-B

nighthawk756
12-24-08, 18:21
Let's not forget that he was carrying ILLEGALLY which is what brough this about. Would you have felt the same if the same gun he shot himself with had killed an innocent person in the club? The laws of New York are what they are just like other shitty places.

Plus the fact that he initially was very misleading with Police and refused to cooperate. They might have been a little more lenient if he had cooperated in the beginning.

Palmguy
12-24-08, 19:00
Let's not forget that he was carrying ILLEGALLY which is what brough this about. Would you have felt the same if the same gun he shot himself with had killed an innocent person in the club? The laws of New York are what they are just like other shitty places.

Uh yeah...that's the point: That it is a felony with a mandatory 3.5 year sentence for carrying a concealed weapon without a license. If he had shot and killed an innocent person he could be charged with manslaughter or whatever else. Action, not the tool.

CMFG
12-24-08, 20:11
I wonder what rifle he had at home.

JSantoro
12-24-08, 21:16
Only in "the land of the free" can this happen. What a spit in the face of freedom.

I wholeheartedly agree. How dare they pursue an investigation regarding an individual that acts with wild disregard for applicable laws and for the safety of others?

Surely stars on overcoats and internment camps are soon to follow. :rolleyes:

mtsusean
12-24-08, 22:39
No one is questioning this article?

Why was the home being searched?

platinumdude
12-24-08, 22:50
In my view those laws are unconstitutional, we have a right to bear arms.

Iraqgunz
12-25-08, 07:28
A search warrant is often times served in the conduct of an investigation, especially involving firearms. There may have even been additional tips or evidence gathered in which a search warrant was issued.

Regardless of whether we agree with the laws of New York, Chicago, Massachussetts or wherever they are still the laws of those locales. One can either move away, or try and change the system.

Maybe those who live in New York can contact the lawyers involved in the Heller case as well as the NRA and other gun groups to get the laws changed?


No one is questioning this article?

Why was the home being searched?

sjc3081
12-25-08, 09:51
No one is questioning this article?

Why was the home being searched?

Because in NYC, ********* or any Common man can not be trusted to protect himself or family. It is pure and simple distrust and racist attitude of the NYC elite.

Racist comments removed. M4C does not tolerate racist comments.--gotm4

I understand the language is unacceptable, but I thought it was necessary to convey attitude of those who disregard the freedom and safety of NYC residents. These racist elites should have their necks stretched for crimes they have forced their subjects to suffer.

Federale
12-25-08, 10:07
First of all, some facts:

The residence that was searched is located in New Jersey.

Burress was carrying an unlicensed handgun in New York City without a carry permit.

Second, according to reports of the investigation, Burress, while drinking at a nightclub located in New York City fumbled for the unlicensed Glock when it fell out of the waistband of his sweatpants and it went off, shooting himself in the leg.

Burress, through his attorneys, has claimed that he has a permit in Florida. New York does not recognize Florida's permits.

So, Burress was carrying an illegal handgun, illegally in New York City. He had it stuffed into the waistband of his sweatpants, while out at a crowded nightclub. And then he managed to drop the pistol and fire it while attempting to catch it. Thankfully the only person injured was the idiot himself. And then he didn't report the gunshot. And then he attempted to get rid of the weapon. And then he got the hospital to help him cover up the gunshot. He's got a mess of other problems, which seem to have lead to the police obtaining a search warrant for his residence in New Jersey, probably in search of other unlicensed weapons and ammunition.

The home was probably searched because they've got additional information about him having other unregistered weapons in his residence. Would they be searching his house but for all the other bone-headed moves to cover this up? I doubt it.

This is not the posterchild for concealed carry rights. Sorry.

Renegade
12-25-08, 10:18
The gun was not recovered at the scene, so they are following all legal recourse to find it (yes, I know the alleged gun was turned in a few days later, but if that is NOT the gun, the cops look stupid for not doing more to find it).

The other possibility is what Federale said, tips of more illegal guns.

He chose the hard way, so they are doing it the hard way.

AirTrafficControl
12-25-08, 11:22
the firearm laws in NYC are totally illegal he is just a victim of the local .gov. He is a NFL star that felt he needed to protect himself regardless of the stupid carry laws and a ****tard for shooting himself.

Federale
12-25-08, 11:51
the firearm laws in NYC are totally illegal he is just a victim of the local .gov. He is a NFL star that felt he needed to protect himself regardless of the stupid carry laws and a ****tard for shooting himself.

which explains the numerous attempts to cover up the shooting.:rolleyes:

Sorry, but it looks to me like he's an NFL star who felt that the laws don't apply to him.

Is he getting raked over the coals by this? Sure. He's a high profile posterboy for arrogance and stupidity. Would this be happening if it was Joe Public? Maybe it wouldn't make the cover of the newspaper, but yes, Joe Public would be prosecuted. Then again not too many Joe Publics have dropped his gun and shot themselves in a crowded nightclub. Joe Public also doesn't travel with a posse and an entourage for his protection either. Plaxico does. And he apparently does it with an unregistered Glock stuffed in his sweatpants too.

The Sullivan Law has been around since 1911. I'm not going to defend it, but contrary to what most people outside of New York City think, it is NOT impossible to obtain firearms in New York City. Its difficult to obtain a carry permit, but its not very hard to obtain a premises permit. These restrictions might just pass muster under Heller. Burress doesn't seem to even have some of these weapons registered where he lives. Again, because he thinks he's an NFL star and that the laws really don't apply to him.

Palmguy
12-25-08, 11:54
which explains the numerous attempts to cover up the shooting.:rolleyes:

Sorry, but it looks to me like he's an NFL star who felt that the laws don't apply to him.

Is he getting raked over the coals by this? Sure. He's a high profile posterboy for arrogance and stupidity. Would this be happening if it was Joe Public? Maybe it wouldn't make the cover of the newspaper, but yes, Joe Public would be prosecuted. Then again not too many Joe Publics have dropped his gun and shot themselves in a crowded nightclub. Joe Public also doesn't travel with a posse and an entourage for his protection either. Plaxico does. And he apparently does it with an unregistered Glock stuffed in his sweatpants too.

The Sullivan Law has been around since 1911. I'm not going to defend it, but contrary to what most people outside of New York City think, it is NOT impossible to obtain firearms in New York City. Its difficult to obtain a carry permit, but its not very hard to obtain a premises permit. These restrictions might just pass muster under Heller. Burress doesn't seem to even have some of these weapons registered where he lives. Again, because he thinks he's an NFL star and that the laws really don't apply to him.

Has it been released that the G23 or any other weapons that may have been found in his house were not properly registered in NJ or is that just your conjecture?

Renegade
12-25-08, 12:15
Again, because he thinks he's an NFL star and that the laws really don't apply to him.

Or he came from a sane state where registering your firearms is an unknown concept.

Federale
12-25-08, 12:16
Has it been released that the G23 or any other weapons that may have been found in his house were not properly registered in NJ or is that just your conjecture?

According to the coverage in the newspapers (which has been extensive), that all depends on who you talk to. In the article linked below, today Burress's attorney says that there were licenses in the home. However NJ authorities say that they're not able to match them up to the weapons that were found. Yesterday, Burress's attorneys had no idea if these weapons were properly registered. I've seen other accounts that NJ has not found any records relating to firearms on file. I'm sure you can google the same news stories I can.

http://www.nydailynews.com/news/ny_crime/2008/12/24/2008-12-24_lawyer_claims_plaxico_burresss_seized_gu.html

He most definitely did not have a license to carry the Glock in New York City.

Renegade
12-25-08, 12:21
In the article linked below, today Burress's attorney says that there were licenses in the home. However NJ authorities say that they're not able to match them up to the weapons that were found.


Have not lived in NJ in a long time, but I do not recall "licensing" or "registration". There is the Firearm Purchaser ID card, and for handguns, there is a Permit to Purchase. But there is not licensing of gun owners or guns as there is with Driving or Vehicles.

Federale
12-25-08, 12:23
Or he came from a sane state where registering your firearms is an unknown concept.

He's lived in New Jersey since 2005. If there anybody reading this who has never heard that New Jersey and New York City have some serious requirements for firearms ownership, please raise your hand.

Time for Plaxico to join the rest of us who are at least somewhat aware of what the law entails.

Federale
12-25-08, 12:26
Have not lived in NJ in a long time, but I do not recall "licensing" or "registration". There is the Firearm Purchaser ID card, and for handguns, there is a Permit to Purchase. But there is not licensing of gun owners or guns as there is with Driving or Vehicles.

It is also quite possible that the guns and ammunition were seized temporarily during the search until their ownership is determined. This is routine in any search warrant. And if the guns are in order, he'll get them back. The bloody pants, sneakers or whatever may have been the items described in the warrant. I haven't seen the warrant.

Palmguy
12-25-08, 12:27
He most definitely did not have a license to carry the Glock in New York City.

Very few people do...

Federale
12-25-08, 12:31
Very few people do...

I did.

And I've been into a lot worse places than Club LQ in Midtown, Manhattan unarmed and without an entourage.

Palmguy
12-25-08, 12:56
I did.

And I've been into a lot worse places than Club LQ in Midtown, Manhattan unarmed and without an entourage.

You are in the vast minority. I'm sure you know that though. I'm also sure if I moved up to that hellhole, the Bloomberg administration sure as hell wouldn't give me one.

I'm sure you don't use the "it's a bad place" standard on where you carry either. Surely you know that bad things can happen anywhere, anytime.

Federale
12-25-08, 14:06
You are in the vast minority. I'm sure you know that though. I'm also sure if I moved up to that hellhole, the Bloomberg administration sure as hell wouldn't give me one.

I'm sure you don't use the "it's a bad place" standard on where you carry either. Surely you know that bad things can happen anywhere, anytime.

I'm well aware of what its like to live and work in New York City. (And I'm also well aware that the "hellhole" reputation comes mostly from people who really don't know what its like to live and work there.) Anyway, I'm not going to debate NYC's licensing laws. They're overly restrictive.

Let's put aside the fact that Plaxico was carrying illegally because he doesn't have a license to carry in New York City. Let's say that he was legally carrying. The rest of the facts would be that while drinking at a crowded nightclub, the loaded Glock that he had tucked into his sweatpants dropped (still unknown whether it slipped or he dropped it), and it discharged. Then he left the club, failed to report the incident, gave his firearm to someone else, then went to the hospital where he convinced the doctor not to report the gunshot and to check him in under an alias (even though the doctors recognized him). Only after word got out that he was involved in a shooting incident did he report it to the police. And now (possibly because he failed to turn over the pants and shoes), a search warrant was executed at his residence. Sorry, but at a minimum (and to quote someone above), this "common man" just proved that he can't be trusted to safely carry a firearm. And this "common man" doesn't think he's all that common.

Palmguy
12-25-08, 14:42
I'm well aware of what its like to live and work in New York City. (And I'm also well aware that the "hellhole" reputation comes mostly from people who really don't know what its like to live and work there.) Anyway, I'm not going to debate NYC's licensing laws. They're overly restrictive.


I'm not defending his actions post-shooting. My only point was about the laws there. That's it. Is he an idiot? Sure. If he would have used a tiny percentage of his huge paycheck to buy a damn holster it likely never would have happened.

Yeah, I've never lived or worked in NYC, so fine, I'm one of those people. Oh well. I know enough about the place to know that I want no part of it.

Macx
12-25-08, 14:58
And if the guns are in order, he'll get them back.

Not likely. He has now demonstrated himself as a bona fide danger to himself and others. It is hard enough to get your guns back if the police just take them on a completely unrealated warrant .. . This guy has done exactly what he'd need to do to get his permit/ carry privilege revoked in even the states with the most Constitutionally friendly laws. Add that he was a complete moron in a non-U.S. Constitution state & whatever he gets, is pretty much what he signed himself on for.

Federale
12-25-08, 15:12
Not likely. He has now demonstrated himself as a bona fide danger to himself and others. It is hard enough to get your guns back if the police just take them on a completely unrealated warrant .. . This guy has done exactly what he'd need to do to get his permit/ carry privilege revoked in even the states with the most Constitutionally friendly laws. Add that he was a complete moron in a non-U.S. Constitution state & whatever he gets, is pretty much what he signed himself on for.

The two domestic violence calls that went to his house earlier this year should probably have some bearing on it as well.

The point was, they executed a search warrant. It wasn't necessarily (or likely) to recover guns in the house. But because they found them in the course of the search, they secured them as a matter or routine.

Suspend your common sense for a minute< but if he was found not-guilty and the firearms were properly licensed, he could get them back. I'm pretty sure that he's not going to beat the rap though.

Alpha Sierra
12-25-08, 15:15
Because in NYC, ********* or any Common man can not be trusted to protect himself or family. It is pure and simple distrust and racist attitude of the NYC elite.

Racist comments removed. M4C does not tolerate racist comments.--gotm4

There is a lot of truth here. The reasons for the Sullivan Act, as well as most handgun control laws (particularly in the South) are RACIST to the core.

Federale
12-25-08, 15:17
Yeah, I've never lived or worked in NYC, so fine, I'm one of those people. Oh well. I know enough about the place to know that I want no part of it.

That's fine. Many people feel that way. They also forget that NYC has one of the lowest big-city crime rates in the nation and there's some residual memories of the 70's and 80's that haven't gone away. There are far worse places to go and live, work or visit than NYC. I've been all across the USA and personally, there are many places that I would feel far more concerned about not having a firearm with me than New York City.

Earl Bypass
12-25-08, 15:33
He has CROSSED THE LINE ... the guy is operating in "Full Retard" mode, and shoots himself with an unregistered gun, inside of a bar, according to the reports. I would feel obligated to search his house, car, and locker at the stadium. Put the screws to him.

He has CROSSED THE LINE. I could NEVER defend this person. I do not see where any of our precious SARs are being stepped on here. This person and his actions run against EVERYTHING that a LAW ABIDING CITIZEN takes to heart.

He has CROSSED THE LINE. This person MAKES ME LOOK BAD. SCREW HIM TILL HE BLEEDS ... if found guilty in a court of law. Merry Christmas.

Macx
12-25-08, 20:18
Well, I sure haven't seen a copy of the warrant put I'd bet pounds to pesos guns were on it.

I'm not prone to throwwing folks under the bus & had to scrap a much bigger paragraph I just ranted regarding the current way warrants are handled (a fine soap box, but I didn't need to stand on it in this thread) . . . but this guy, needs to be thrown under a bus. For crying out loud, he could still be posing with his posse and all that jazz if he'd have just invested a few bucks in a knappy Uncle Mikes. Criminal stupidity. He needs to be out of the gene pool if that only means being a washed up fotball star who's going to have to pay for tail, rather than getting jumped on by chicks looking for the payday.

Bat Guano
12-25-08, 20:47
Are there any players in this overblown drama with a lick of sense?

I thought not. :rolleyes:

My parents spirited me out of NY state at 8 years of age; probably because I had developed a real affinity for cap guns and they saw trouble coming.

They were right. :D