Legal Commentary

Can Plaxico Burress be a constitutional hero, vindicating gun rights?

Kopel concedes that Burress was an idiot to carry a gun in a sweatpants waistband (from which it slipped, so he grabbed it, pulling the trigger and shooting himself in the leg). But he moves on to his big point, using the Supreme Court's new Second Amendment decision -- District of Columbia v. Heller -- against NYC's "draconian" gun laws.

The Heller decision did not say that requiring a license to carry a gun was unconstitutional. But in New York State, nonresidents cannot even apply for the licenses to possess or carry a handgun. Unlike most other states, New York refuses to honor carry permits issued by sister states. Most observers believe that the Supreme Court will eventually make state and local governments obey the Second Amendment. If it does, New York's discrimination against nonresidents will probably be ruled unconstitutional.

Full post as published by Althouse on December 04, 2008 (boomark / email).