Is Plaxico Burress the next plaintiff in a Gun Ban Law Challenge?

First, Plaxico Burress is a moron.  Let’s get that out of the way.  Mr. Burress is a wide receiver for the New York Giants, and hero to the G-Men fans for helping their team vault over the previously undefeated (and seemingly unconquerable) New England Patriots in last year’s Super Bowl.  But last weekend, he crossed the Hudson into a downtown Manhattan night club with a loaded conceal firearm.  While there, he accidentally shot himself in the thigh.  For all of you who are wondering, he wasn’t scheduled to play this weekend anyway because he was on the mend from another non-gunfire related injury.  So, no bets have to be changed by this simple misfire.

Mr. Burress was treated for his injury at a local hospital and later release.  Despite NYC law, the gunshot wound was not reported by the hospital staff.  It would’ve never come to light, except for a sports reporter broke the story.

Since then, you’d have thought Mr. Burress was on the FBI’s most wanted as a terrorist suspect.  How could he have done such a thing?  Not fire the gun, but carry it into the lovely NYC?  He has been charged for violating a recent NYC law that prohibited anyone from carrying a loaded non-permitted pistol in the city.  The sentence for such a crime – mandatory 3+ years in the pen – again, not for firing the weapon, only for carrying it!

I’ve wondered since all this took place whether the recent Heller v. DC decision will allow such a law to stand.  Admission – I haven’t looked into all the facts surrounding the case, and trust me, facts matter in legal proceedings and nothing is as it appears.  So, more and more details will tell the tale of what really happened, but assuming nothing substantial changes, is the law prohibiting carrying a concealed and loaded weapon a constitutional?  Sure, the Heller decision did not strike down all gun laws, but it definitely made them challengable.

To my knowledge, Mr. Burress is not a convict, minor or incompetent.  He didn’t carrying the gun into a courthouse, airport, train station, post office, church, bank, or even school.  He simply carried a gun into a night club.  Do those facts make NYC’s law arbitrary, capricious or a little over the top?  Our dear Justice Scalia, I think, would have a field day with this one.

We’ll see, and it will be interesting to find out if one of the NFL’s most notables will be the next 2nd Amendment hero.

Stay tuned…