Is Plaxico Getting a Raw Deal?

Well here we go again.  Another high profile NFLer gets arrested.  Just put the New York Giants’ Plaxico Burress on that long list of soiled NFL names.  Before the State of New York charged Plaxico with two weapons possession violations yesterday, the media and public had already weighed in and convicted him.  I understand the reaction – “He’s just another thug from a league full of thugs.”

Well hold on, let’s take a closer look.  As much as I might want to jump on board and put the guy in the same category as Michael Vick or Rae Carruth, let’s examine what we know now and see if Plaxico deserves to be in such select company or if maybe he just had a lapse of judgment.  …but before I go any further I must note that the facts surrounding this incident have not all been revealed and there likely will be more facts forthcoming which will shed more light on the matter.

Let’s start with the State of New York’s criminal charges against Plaxico; there are two.  The first is New York Penal Law Section 265.03(1)(b), which makes it illegal to carry a loaded gun “with intent to use the same unlawfully against another.”  The second is Section 265.03(3), which just makes it illegal to carry a loaded gun.  I’m not quite sure why Plaxico was charged with violating Section 265.03(1)(b), as the facts that have been reported don’t seem to show that he had any intent to use the gun against anyone – maybe this is a case of where all the facts have not been released to the public.  In case you were wondering, Plaxico didn’t have a concealed weapon permit in New York.  New York’s gun control laws are among the strictest in the country.  While concealed gun permits are issued, it is very difficult to receive one, and in New York City it is nearly impossible.

Here’s where it gets interesting.  According to reports, Plaxico does have a permit to carry a concealed weapon in Florida. Florida also has reciprocity agreements with many states to permit individuals with concealed weapons permits in Florida to cross state lines with their firearm and not violate any laws.  States with which Florida has reciprocity agreements include: Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming.  Whoah, that’s a long list!  32 of the 50 States?!  Sounds like Florida is pretty much in sync with the laws of most other States.  Conspicuously absent is none other than New York (you’ll notice California isn’t on that list either).  The reason for New York’s absence is simple.  New York’s strict gun control laws and are not comparable to those of Florida (or many other States for that matter); thus, they do not have a reciprocity agreement in place.  In fact, New York doesn’t recognize concealed weapons permits from any other State.

Wait a minute – does that mean that if this incident had occurred in Florida instead of New York, Plaxico wouldn’t be facing these charges?  Well, it’s actually broader than that!  If Plaxico were in any of the 32 States that have reciprocity with Florida he likely would not be facing these charges.  It just so happens that Plaxico was in the wrong State for an incident like this.  For example, if he had been at a club in Indiana (following a loss to the Colts, of course!) and this had happened, the State of Indiana would have recognized the Florida permit and likely not been able to charge Plaxico with these two offenses.  Instead, it happened in New York and he’ll be facing a minimum sentence of 3 years if convicted.

While I think that Plaxico was incredibly stupid for carrying a handgun in the waist of his pants, whilst drinking at a club ….and being unlucky enough to shoot himself in the leg in the process, I just can’t bring myself to put him in the same category as the Michael Vick’s of the world.  …yet.  I’m sure more facts will come become public and we’ll get a better idea of what happened, but based on the facts we have to work with, he may just have made the simple mistake of not knowing that New York’s laws are different than Florida.  Unfortunately, that and $4 will only get you a cup of coffee at Starbucks, as mistake of law isn’t a defense that goes very far in court.