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Criminal Law

: Sentencing Law and Policy

Why Second Amendment supporters need to be helping out Plaxico Burress

By Douglas A. Berman

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I just noticed this itemfrom a New York-based website carrying this title, "Gun control 101: Plaxico Burress going to prison should end 2nd amendment confusion."  Here is a snippet: Burress going to jail should be the final proof to anyone who thinks differently about the 2nd amendment applying to individuals instead of what it is: a constitutional guarantee that the states will always have the right to have their owned armed militias (today, the National Guard).... So if the 2nd amendment applies to individuals where are the gun groups and the NRA, where are the 2nd amendment lawyers willing to challenge the law in court as being unconstitutional?  You cant have it both ways.  If the 2nd amendment applies to individuals then Burress' arrest and jail sentence is unconstitutional...continue to full post

Full post as published by Sentencing Law and Policy on August 05, 2009 (boomark / email).

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