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.
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The Second Amendment might not require New Jersey or New York City to issue as liberally as Connecticut does. But with a population of several million and only a few thousand (consisting mainly of politicians, retired police and celebrities) able to get permits, New York City's licensing process is almost certainly unconstitutional on a number of grounds, including sheer arbitrariness.
Op-ed here. It'll be interesting to see whether Mr. Burress' lawyers raise the Second Amendment issue and challenge NYC's gun control laws in defense of their client.
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