On Friday November 28, 2008, Plaxico Burress, a professional football player, literally and figuratively shot himself in the foot at a nightclub. He was carrying a handgun, duly licensed in Florida, but illegal to possess under New York City Law, when it was accidentally discharged. I was still in law school at the time, but recall winning a gentleman’s bet with a friend that Mr. Burress would receive at least three and a half years in prison; including time served, I was correct.
My confidence in this wager stemmed from the knowledge I have regarding New York City’s statutory handgun laws. Under the provision, any person carrying a handgun in the five boroughs without a NYC concealed weapons permit (which is nearly impossible to obtain) is subject to three and a half to fifteen years in prison regardless of the circumstances; mental culpability, apparent malice or ignorance of the law is not a defense.
Just this last week, Meredith Graves, a medical student from Tennessee visited the 9/11 Memorial in downtown Manhattan. Like Mr. Burress, she was in possession of a handgun, and had a license to carry it in her home state. Upon arrival at the Memorial site, she noticed a sign indicating that no firearms are permitted. Being a law abiding citizen, and without knowledge of the aforementioned NYC statute, she asked a police officer to check her weapon; she was arrested on felony gun possession charges. Many of my friends have asked me if she will go to prison, and I can say with confidence that she will; at least for the minimum three and a half years.
This begs to question whether our stringent gun laws should be reexamined. On one hand, gun violence in NYC is a big problem, exacerbated by individuals purchasing firearms legally in other states and transporting them here to either carry or sell for profit. To the contrary, however, there is a perceived injustice occurring when these laws are applied to individuals like Ms. Graves, and to a lesser extent, Mr. Burress.
I propose a change in legislation, one that provides the District Attorney and the Honorable Courts discretion on a case-to-case basis. If appropriately drafted and implemented, we can effectively control illegal firearms by severely punishing individuals who threaten our citizens, while providing leniency to certain people in unique circumstances.
Respectfully Submitted,
Aubrey C. Galloway III, Esq
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