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Criminal Law

: Sentencing Law and Policy

Starting to make the Second Amendment case for Plaxico Buress

By Douglas A. Berman

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I am very pleased to discover gun rights guru David Kopel starting to make a Heller-based Second Amendment argument for Plaxico Burress in this Wall Street Journal opinion piece.  The piece is titled "Free Plaxico Burress: New York City's gun law is unconstitutional," and here are snippets: 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.... 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.... The Second Amendment might not require New Jersey or New York City to issue as liberally as Connecticut does...continue to full post

Full post as published by Sentencing Law and Policy on December 03, 2008 (boomark / email).

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