BURRESS COULD BE FACING 3.5 YEARS IN JAIL

As it turns out, the accidental self-shooting of Giants receiver Plaxico Burress occurred in a Manhattan night club on Friday night.  Per ESPN’s Jeremy Schaap, the incident occurred at the Latin Quarter, a 15,000-square foot restaurant and club located in a Radisson Hotel.
ESPN’s Sal Paolantonio reports that the bullet went through skin and muscle tissue in the right thigh.  No arteries were struck, and no bones were broken.
The Giants have confirmed generally that Burress suffered a bullet wound to his right thigh.  However, the team’s statement did not address the cause of the shooting.
“We are aware of the fact that Plaxico was involved in an apparent accidental shooting last night.  We have been in contact with Plaxico since shortly after the incident,” the statement said.  “Obviously, our primary concern is for Plaxico’s health and well-being, and given the circumstances, we are relieved to say he was released from a New York City hospital at approximately 2 p.m. today.
Per the ESPN report, police said that Burress could face criminal charges if he was not licensed to carry a concealed weapon in New York. 
And that’s where things get problematic for Burress.  (Apart from, you know, the bullet in the thigh.)
If, as we’ve heard it, the accidental bullet came from a gun that Burress was carrying and if Burress was not in legal possession of the loaded weapon at the time of the incident, he could be facing a mandatory minimum jail sentence of 3.5 years.
In 2006, New York beefed up its laws regarding illegal gun possession.  The following year, New York City officials embarked on a campaign aimed at communicating to all citizens the serious consequences of illegal gun possession.
“GUNS = PRISON” was the message. 
“Last year, our Administration succeeded in pushing through a law that gives New York the toughest penalty in the country for carrying an illegal loaded handgun,” New York mayor Michael Bloomberg said in July 2007.  “Now, if you are convicted, you will serve a minimum of 3-1/2 years behind bars — no exceptions.”
Though it’s entirely possible that Burress dotted every “i” and crossed every “t” required to ensure that he would have the ability to legally take a loaded gun into a public club, he doesn’t have a reputation for following rules, either when imposed by society or by his employer.  The Giants and the NFL have fined him multiple times, and he has had problems with unpaid parking tickets and delinquent taxes in the past.
It’ll be very interesting to see how this one plays out.

66 responses to “BURRESS COULD BE FACING 3.5 YEARS IN JAIL

  1. “Now, if you are convicted, you will serve a minimum of 3-1/2 years behind bars — no exceptions.”
    We will see about that. Burress gets 3 1/2 for shooting himself. And Marvin walks free for shooting another human being? I’ll belive it when I see it.

  2. are you kidding me, first of all, the only proof you have that it was illegal is that he is late to team meetings?, and also can he be prosecuted for accidently shooting himself, i don’t think so, it wasnt like a traffic stop or any police related incident, do your homework before posting articles like this

  3. do they split hairs in the sense that the gun could be legally owned but illegally carried? if so, how would it affect a possible sentence.

  4. In Texas, where we love and gently caress our handguns, legal handguns are not permitted everywhere.
    Places that serve alcohol ban firearms. (Gee I wonder why?). Not to mention schools, government buildings, and incidentally Post Offices.
    I am not sure what kind of laws NY has regarding handguns, whether registered or not, in places that serve alcohol.

  5. Kind of funny that you were saying he’ll be back in a few weeks… when he just shot his leg, and is carrying a most likely unlicensed concealed handgun.

  6. So, how exactly, do you accidentally shoot yourself in the thigh while out at a club, without being a complete moron? I’m guessing you don’t.
    But if you are a complete moron, this is my guess:
    You, being a complete moron, have your loaded gun stuck between you and the waistband of your pants. Some other moron is giving you a hard time, and you decide to flash your gun to get him to lay off. You reach down into your pants to show off the gun, and being a complete moron, accidentally pull the trigger instead.

  7. @ arosen
    that irrelevant, you get caught, regardless of how, carrying a gun without the correct permit you have broken the law and are punished accordingly, that doesnt mean i agree with it but thats the way it works…
    ps. valid comment by the bradybunch

  8. “Those laws only apply to the general public, not celebs.
    Plax won’t sit one day in prison.”
    Ditto!!
    He’ll walk just like the “Dog Killer” Vick did on felony charges in Viriginia.

  9. It’s pretty well known that NYC gun laws only apply to those making less than $100Gs a year. The wealthy have been walking on gun charges in NY for years. That said, IF Plax didn’t get his paperwork in – which he probably didn’t, he has a really, really big lawyer bill coming his way. Good thing he got a contract extention. Between fines and lawyer bills, Plax needs the money.

  10. As a Giants Fan this sometime-ish bum needs to sit down. Sure he good for a couple of years and he had a great game in the nfc title game but thats over now. People like this don’t learn until some thing really bad happens. He needs to lose 3 fingers or needs to be put in jail.

  11. “mandatory minimum jail sentence”
    Professional athletes don’t know the meaning of these words….
    No, seriously, they don’t. And they won’t ever learn them either, since they never apply to them.

  12. all they have to do is prove that the bullet came from a handgun.
    and since it’s extremely hard to get a concealed weapons license e.g. no citations or criminal record…I doubt he had it.
    thus conviction

  13. I think we’ll hear the DA give the standard BS statement: We will not charge (celeb name here) with the crime because he has suffered already.

  14. “can he be prosecuted for accidently shooting himself”
    Um, if you read the article, or the link to the press release, you would know that if he wasn’t licensed/registered/whatever to carry a loaded gun, then yeah, he could. Unless you don’t see how they could know for sure if the gun was loaded. Even though he shot himself.

  15. Even if Plax dotted his i’s and crossed his t’s regarding getting a concealed carry permit, I’m pretty sure every state forbids carrying a firearm in any establishment that serves alcohol, concealed or not. I know you can’t in NC, but I’m not familiar with NY laws. With their tough anti-gun stance, I can’t see them being less stringent that NC.

  16. Isn’t it a felony to carry a firearm, permit or no permit, when consuming alcohol? Aren’t there laws against carrying guns into bars/clubs?

  17. NYC has a reputation of making it nearly impossible to get a permit to carry a concealed weapon. Nobody ever accused Plaxico of being the sharpest knife in the drawer.

  18. Brady – You need to fully read and understand. Plaxico’s incident occurred in New York. Harrison’s occurred in Philadelphia and it is still under investigation.
    The complete quote: “Last year, our Administration succeeded in pushing through a law that gives New York the toughest penalty in the country for carrying an illegal loaded handgun,” New York mayor Michael Bloomberg said in July 2007. “Now, if you are convicted, you will serve a minimum of 3-1/2 years behind bars — no exceptions.”
    If Burress did not have valid permit at the time he is in big trouble. Now to go further if the MORON was drinking and carrying a loaded weapon – he has not common sense. No matter what else happened he is a moron. For that alone he should face action from the league.
    As always there will be more to this story.
    I see from your other posts you are a Pats fan and your ID says it all.

  19. arosen36: Of course he can be prosecuted for accidentally shooting himself. It’s called negligent discharge of a firearm. That’s illegal in most places, even in places where it’s legal to carry them.

  20. Looks like Goodell has no choice but to suspend him. If he doesn’t it makes him look like his suspensions are directed at specific players.
    wonder if Plaxico was ‘making it ran’ too when the gun went off.
    That and he’s lucky he only shot himself in the leg. there’s another area that can be far more painful in the front of the body. 🙂

  21. Arosen:
    He won’t be prosecuted for shooting himself, that would be like arresting you for being retarded. He would be prosecuted for concealing a loaded gun in a public setting without proper documentation.

  22. (Sarcasm alert)Hey Florio, last time I checked this is America, and we have a 2nd Amendment right to bear arms!

  23. I do think one thing will happen to Plax. He will get cut. The Giants seem like a decent franchise. He will be traded or they will find a way to prove he violated his contract when he shot himself on his own time. Oakland meet Plax, Plax meet the end of your career.

  24. He won’t be sent to prison for shooting himself, he will be imprisoned for illegally possessing a handgun and i believe discharging a round in public should pretty much insure that he ends up behind bars even if he had a license to carry that weapon he surely wasn’t justified firing it in a public place.
    I mean this guy is so careless with a firearm that he shoots himself and you people think he should go free? What if that bullet had hit someone else, maybe in the head or something? It could have just as easily since Burress obviously has no clue how to handle a gun (and hopefully therefore isn’t legally licensed to do so).
    I have my CCL and if i discharged a round in public i damn sure would be heading to prison even if it had hit nobody but myself. This guy shouldn’t be treated any different. This idiot was lucky he didn’t kill someone as careless as he was obviously being with a loaded gun in public.
    Even if he doesn’t get charged the NFL needs to indefinitely suspend him for this. I can think of few black eyes worse than having one of the NFL’s players being careless with guns in public. He needs to get the Mike Vick treatment before somebody really gets hurt. There are simply too many deserving players in the NFL to keep giving these turds chances to not be completely brain dead careless self absorbed morons.

  25. Hey arosen36, Florio didn’t say Plax didn’t have a license to carry the gun, he said “if” he didn’t the mandatory, minium sentence is jail time. Nobody has to press charges, it was a shooting at a nightclub. He either has a license or he doesn’t, the answer will determine if he is eligible for jail time. Read more careful before you try to slam somebody for actually posting facts that most of us find informative and entertaining.

  26. Burress, while incredibly talented, has shown himself to be quite a distraction this season. It’s too bad, because with him the Giants have a very legitimate chances of being repeat Superbowl winners. He’s making that much less likely with his actions. If I were his teammates I’d be very upset right now.

  27. “Looks like Goodell has no choice but to suspend him. If he doesn’t it makes him look like his suspensions are directed at specific players.”
    Too bad for Plax that he doesn’t play for the Pats*–then he’d probably get a good conduct medal from Goodell for this incident and be sent on his way (kind of like (most recently) the Light and Crowder incident last week)…..

  28. This will make for a VERY interesting story. Will a professional athlete get preferential treatment? I have been in hibernation all weekend, but…..I really hope the “mainstream” media (i.e. NOT NBC) picks up on this story and really puts the NFLs and Godells (sp?) collective feet to the fire. (for the record, i like godell, this is a real litmus test)
    I’ve worked with people who think they are “entitled” for some reason or another, and Plax appears to be one of them. It’s always nice to see this type of person realize that real life actually happens….without reparations from crap that happened 150 years ago.

  29. a) Giants should give him the Shockey treatment or fire him right away (I believe they can do that since it likely is a personal conduct issue?)
    b) Goodell needs to fine and suspend him
    c) how dumb are you Americans if you allow a professional sports star – whose IQ is probably smaller than his jersey number – to legally buy and carry a loaded weapon in public? How in the world do you come up with such laws? There are countries on this planet where not even the police carries loaded guns (yup, it is a working democracy, they got electricity and warm water and people are actually happy and most likely safer than in the US).
    d) he will never ever end up in prison for that

  30. Most important will be determining whether Plax’s actions were illegal. Let’s all calm down and wait and see.

  31. @ sabron
    that was the exact same thing I was thinking, but you stated it in a much funnier way. I dont see any Burress doing time for this, most definitely a lengthy suspension and fine

  32. What you are witnessing is the continuation of self destructive behavior that goes all the way back to Green Run High School in Virginia Beach, Virginia. He has consistently had difficulty following rules most of his life. He has never shown any interest in knowing what the rules are. This is not unusual behavior with habitual offenders (See Adam (Pacman) Jones.
    In most states carrying a concealed weapon into an establishment that serves alcoholic beverages is against the law, regardless of whether or not you have a “license to carry”.
    I really hate to say it because it does not sound good, but the reality is that such people are just not very intelligent. You can be very gifted and talented physically, and still be as stupid as a “box of rocks”! If after numerous incidents where you are warned that your behavior is socially unacceptable, you continue to behave like a socially misftit…. “Jag-Off”, you are most likely a socially misfit…”Jag-Off”!
    That is just the way it is sometimes.
    And, sometimes you wind up adorning Florio’s “wall of Turds”!

  33. I’m just glad to see his cell phone worked and he could call the Giants. He’s showing improvement.
    Oh, and somebody has to say it. Is that a gun in your pocket or are you just glad to see me?

  34. LOL @ Bradybunch. Like the justice system is ‘fair’? It isn’t and can’t be. Different jurisdictions, different juries, different times. No way justice can be ‘uniform’ everywhere.
    sabron, he could possibly be prosecuted for 1) carrying an unregistered firearm (3.5 yrs in NY), 2) discharging a firearm in a restricted area, 3) stupidity. I think the third charge has the best chance of being upheld.
    then, of ocurse, he gets the Goodell suspension and the NY Giants get a fine.

  35. shootings and killings “all the time”–in VB?? Some one better check out his water bottle because he’s smoking something if that’s how he remembers Virginia Beach. It’s got one of the lowest crime rates in VA. so either Plaxico is making stuff up as he goes along or he’s channeling Vick

  36. Arosen:
    You must be the dumbest sack of shit to ever come down the pike. Even in states that embrace gun rights, you can’t have one in a liquor establishment, unless you’re a cop. I don’t think Plax has a badge.

  37. He’s lucky it was only a flesh wound.
    Now he’ll have a leg to stand on in court.
    I know………that was cheesy.

  38. I guarantee you that the police are filling out the permit application as we speak and are backdating it. Problem solved!

  39. Greyhound Steve: very sensible what you said. Hopefully this happens, but I would be surprised if it turns out to be more than an one year suspension.
    Meanwhile, what’s the over/under on the turd watch counter resetting???? My bet is before thursday.

  40. If you think these rules dont apply to athletes than go talk to Lonnie Baxter who is in prison for discharging his gun in DC.

  41. Michael Vick get 23 months for shooting, beating and running an illegal dog fighting ring and Burress can get 3-5 years for shooting himself? Something is wrong here.

  42. I guess I shouldn’t be surprised with the large number of mouth-breathing neanderthals that are posting comments that don’t know the difference between legally owning a weapon and illegally carrying it as a concealed weapon in public, irregardless of what type of venue he carried it in.
    And since most of you posters know as much about the law as you do football (i.e. zilch), I’ll fill you in: Plax is in a world of crap. That’s why gun crimes contain the following language–MANDATORY MINIMUMS. There are so many charges the Manhattan’s Attorney’s office will slap on him, it’ll make his head spin.

  43. Has anyone thought about the fact that Plaxico doesn’t appear to live in NY, which–if is the case–there’s no way he could apply for or be issued a permit to carry. According to what I could find, he owns homes in NJ, Florida, and apparently VA but not NY.

  44. Florio, stop trying to start rumors. Give me break, how about waiting until you hear the facts first, and then go with that angle. I can’t stand the Giants or Plaxico, but you’re just a douche.
    I heard that, since you’re from West Virginia, you married your sister, which is incest. Though it’s entirely possible that you dotted every “i” and crossed every “t” required to ensure that the wedding would go through legally, you don’t have a reputation for dating non-family members.

  45. “Places [in Texas] that serve alcohol ban firearms. (Gee I wonder why?). Not to mention schools, government buildings, and incidentally Post Offices” is not exactly true.
    There is no blanket prohibition against a concealed handgun where alcoholic beverages are consumed. The law makes a distinction between a beer-joint that serves pickled pigs-feet and a restaurant that serves mixed drinks or wine (former banned, latter permitted).
    Concealed handguns may also be carried in governmental buildings including the governor’s office and the state capitol.
    The actual list of places that concealed handguns cannot be carried is quite small and mostly common sense: jails, courtrooms, schools or school events, or where prohibited by a statutorily defined sign erected by the owner of the property. An agency of government, however, cannot prohibit concealed carry on any property it owns or rents. This includes parks, libraries, sewage treatment plants, whatever (with the obvious exception of schools, jails, and courts).
    In Texas, open carry of a handgun is illegal but a handgun out of sight in an automobile is permitted.

  46. First of all, even if he had a CCW permit in NY. Which is pretty much impossible. He still violated the law by carrying in a night club. Thats a no no. Can’t carry in any place that serves alcohol. Period.
    Any dumbass knows that.
    He should be tried-convicted-locked up.

  47. Which states make it illegal to carry your legally concealed gun into a bar?
    I never want to visit those states.
    Here in PA it’s 100% legal to take your pistol into a bar if you have a valid CCW.

  48. Even if he had a CCW permit in that liberal state of NY (which is highly unlikely) he still violated the law by carrying in an establishment that serves alcohol. A big no no. Period.
    We, who do possess CCW (AZ) know that a bar is a NO CARRY ZONE
    So he should be tried-convicted-sentenced to more than 3.5 years. He broke 2 laws (atleast)
    Can take the man out of the hood…..can’t take the hood out of the man.

  49. Not so…….
    ——————————————–
    bearsfan34 says:
    November 29th, 2008 at 7:27 pm
    Arosen:
    You must be the dumbest sack of shit to ever come down the pike. Even in states that embrace gun rights, you can’t have one in a liquor establishment, unless you’re a cop. I don’t think Plax has a badge.
    —————————————–
    You can carry in a bar in Oregon for sure with a permit and probably Washington, California, Nevada, and Arizona also.
    Tis the wild west out here.

  50. Is anybody esle hoping that Plaxico did NOT “dot i’s and cross the t’s on the gun permit? God, it would be amazing. What a child!

  51. There is a mandatory three-and-a-half year prison sentence for carrying a concealed weapon in New York City. I’m a Giants fan, and I hope he gets the max.

  52. You cannot get a license to carry a concealed weapon in New York unless your name is Giuliana, Bloomberg, Steinbrenner or Trump.

  53. Too bad the dumbass didn’t shoot himself in the groin. That would prevent him from further populating the world with more idiots.

  54. DynastyDriven77 says:
    November 29th, 2008 at 7:02 pm
    Not to worry Obama will give Plax a pardon to be sure.
    _____________________
    Thanks for pegging the dumbass meter.

  55. As a New Yorker, it’s hysterical to see some of the comments speculating that NYC law enforcement will give Plax a pass because of who he is. From detectives to the D.A., all the way up to Bloomy himself, folks will see Plax as an opportunity to show that they are not playing around. When they say “no exceptions”, they mean it.
    Even more amusing to me, as a Giants fan, is the lack of attention to the fact that the Giants WENT OUT OF THEIR WAY TO LAND PLAX IN JAIL!!!! It’s common knowledge around here that hardly anyone can get their mits on a carry permit, and firing a gun in a club is an open-and-shut case in Manhattan. You’d better believe that Giants management knows the law and the likelihood that Plax will become the poster child for NYC gun laws, and the fact that they opted to seal Plaxico’s fate sure looks like Jerry Reese knows a golden opportunity when he sees one. They caved-in early in the season and tore up his contract to break the bank for Plax, AGAIN, and they must have been kicking themselves ever since. Between his antics and his ever-“injured” legs, the guy has been a nightmare for management since cashing in. This incident, however, presents a rare opportunity for a G.M. to undo a deal that has probably haunted him from the day he agreed to do it. To me it sounds like the Giants front office hit paydirt and moved quickly to capitalize on it, and I can’t believe more hasn’t been made of it.
    I could be wrong about all of this, but it sure looks like Domenik Hixon just landed a starting job, and the talent pool at Rikers Island is about to get a little deeper.

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