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Burress to Face Weapon Charge

Plaxico Burress's attorney told the Associated Press he's been informed that the New York Giants wide receiver will face a charge of criminal possession of a weapon.

Benjamin Brafman wrote in an e-mail to the AP that Burress will turn himself in Monday morning and will plead not guilty to the charge.

Burress suffered a thigh wound when he reportedly shot himself in the leg accidentally Friday night at a New York nightclub. According to several reports, Burress was not properly licensed to carry the weapon in New York.

Burress was released from a New York hospital on Saturday. He already had been ruled out of today's game against the Washington Redskins because of a previous hamstring injury.

There also are questions about the role of Giants middle linebacker Antonio Pierce in the incident. Pierce reportedly was with Burress at the New York nightclub at which the shooting took place Friday night.

The New York Daily News reported today that Pierce potentially could face criminal charges as well. Pierce allegedly attempted to hide the gun after the shooting, police sources told the Daily News.

The New York Post reported that, according to records, Burress does not have a permit to carry a gun in New York.

Burress had a concealed-weapon permit issued to him in Florida but records show it expired in May and New York does not recognize out-of-state permits anyway, the newspaper reported. The report in the Daily News indicated the same thing.

Thomas King, the president of the New York Rifle and Pistol Association, told the Post: "New York has the most restrictive pistol-licensing system in the United States. It recognizes absolutely no out-of-state permits. An out-of-stater never has the authority to carry" there.

The Post reported that criminal possession of a loaded weapon is a felony in New York that is punishable by up to a year in prison.

The Daily News reported that Burress faces up to five years in prison for the felony..

Pierce's attorney was in discussions with the police to attempt to prevent Pierce from being charged for his role in the incident, according to the Daily News report. The Daily News reported that Pierce took the gun and put it somewhere in New Jersey after the shooting.

According to the Daily News report, Pierce applied pressure to Burress's wound after the shooting and berated Burress for taking a loaded handgun into the nightclub. Burress told Pierce not to call 911 and initially didn't want to go to the hospital but, after being helped out of the club by Pierce, went to a hospital two hours later with his wife and a friend, the Daily News reported. The Giants reported the incident to police and officers were turned away from Burress's home in New Jersey by his wife around 5 p.m. Saturday, according to the newspaper.

According to the report in the Daily News, Pierce's attorney told police that Pierce would cooperate with the investigation if not charged. A Giants official went to New Jersey on Saturday to retrieve the weapon and turn it over to police but officers still planned to obtain a warrant to search Pierce's car, the Daily News reported.

The Daily News reported that Burress shot himself when he fumbled with the gun after it slipped down his pants leg. Burress initially was turned away at the nightclub because he had a gun but was let in around midnight after telling the club's management that he needed the firearm to protect himself, according to the Daily News.

The Giants indicated in a written statement Saturday that Burress suffered an injury to his right thigh in an accidental shooting Friday. Burress was released from a New York City hospital Saturday afternoon, according to the Giants' statement. The Giants declined to release details of the incident, indicating that it could become a matter for law enforcement officials.

The Giants did not indicate how seriously Burress was hurt but there was a report that he could be ready to play again within a couple weeks.

Burress, 31, also faces possible discipline by the NFL under its personal conduct policy. The Giants indicated in their statement that they'd been in contact with NFL security officials.

The NFL has a gun policy that prohibits players from taking firearms to team- and league-related events. The policy reportedly also warns players about carrying unlicensed firearms, saying that could subject them to league discipline as well as criminal charges.

The NFL guns and weapons policy reads, in part: "If you violate this policy on guns and other weapons, you are subject to discipline, including suspension from playing. And if you violate a public law covering weapons--for example, possession of an unlicensed firearm--you are not only subject to discipline, including suspension from playing, but also subject to criminal prosecution."

By Mark Maske  |  November 30, 2008; 3:17 PM ET  | Category:  Crime , Giants Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati  
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Comments

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Sounds like a $30.00 holster might have prevented the problem. What's the thing about tucking a gun in your pants?

Posted by: aksteve | December 1, 2008 10:23 PM

Everyone makes mistakes!! He who is without sin cast the 1st stone...He got caught!! Why??? Cause he shot himself!!!
Better him, than someone else............. I really think he learned his LESSON

Posted by: Thinkaboutit | December 1, 2008 9:17 PM

Jesse you can get your ass kicked, watch your tongue!!

Posted by: black mamba | December 1, 2008 8:40 PM

well... i love plaxico more than life.. i live in pittsburgh and he was the love of my life when he played for the steelers..well his moving to the giants made me become a bigger giants fan than steelers fan.. i think he is a great reciever, but he is immature and makes dumb decisions sometimes.. i think he should be suspended for the rest of the year, but he should be allowed to return next season...i mean it's not like he was planning to shoot someone AND they knew he had the gun and let him in anyways..he has broken my heart though..but i still love him endlessly

Posted by: michelle | December 1, 2008 6:23 PM

I'm a Giants fan. I think PB should get the same treatment as anyone else who would have done the same thing.

Finally, if you're so concerned about your safety when you go out that you feel the need to carry a gun, maybe shouldn't go out?

Posted by: SkateNY | December 1, 2008 1:12 AM

This is a fine lesson. Guns and booze, eh not as much fun as it sounds. And Plax, buddy learn it love it live it.

Posted by: Dennis | December 1, 2008 12:47 AM

Ah yes. And yet another shining example of an over-paid, over-worshipped, no-brain idiot who, were it not for this country's perverted obsession with sports, would most likely be in jail by now anyway. News Flash. There is a world FULL of normal, intellectual people out here who simply cannot possibly understand how or why low-life vermin like this chuckle head are elevated to the status of sainthood just because the only thing they are capable of doing is handling a ball of some sort. Obviously he's not even capable of handling a weapon, and is either too stupid to know, or too arrogant to care about the weapon laws in the state. Toss this worthless jackass in jail along with his buddy. You can take the boy out of the hood....but you can't take the hood out of the boy. These pinheads serve no useful purpose whatsoever. The whole bunch of them are self-absorbed, arrogant, pond-scum trash.

Posted by: RocketBoyLes | December 1, 2008 12:06 AM

Just another nigga statistic. Let him hang.

Posted by: Jose | November 30, 2008 11:42 PM

It is truly sad that NYC elected officials believe only their lives are worth protecting - only they and their special friends are privileged enough to carry a firearm for personal protection.

The right to keep and bear arms has more to do with the right to defend your life against any criminal - be they violent felon or tyrannical government.

A God-given right can never be given or taken away - it can only be infringed upon and that is exactly what NYC elected officials have done.

Posted by: Chet Szymecki | November 30, 2008 10:31 PM

I cant believe that he can spend up to five years in prison. It is going to be a big loss for the giants. I think that he should not be able to still play for the giants. This is coming from a giants fan.

Posted by: Gary | November 30, 2008 9:13 PM

Plaxico's new name is Barney Fife.

Posted by: rg019571 | November 30, 2008 8:31 PM

We all know he'll just get a slap on the hand, pay a fine that won't put a dent in his bank account anyways. He's not a "thug" and doesn't have a criminal background, so I'm not saying this crime warrants the maximum year sentence. But come on, he knew what he did was wrong as was seen clearly when he even refused hospital treatment for fear of being caught. But we all know how it is, the richer and more famous you are, the more forgiving the jury.

Posted by: alice | November 30, 2008 7:52 PM

i'd like someone to clarify the distinction between a Class A Misdemeanor and a felony in NYC court.

Some web page I looked at says

"In New York criminal possession of a weapon, for the purposes of "gun cases" is classified into three "degrees" or levels of seriousness. Criminal Possession of a Weapon in the Second Degree, Third Degree, and Fourth Degree.

Criminal Possession of a Weapon in the Second Degree is a class C felony, Third Degree is a class D felony, and Fourth Degree is a class A misdemeanor.

The class C felony is punishable by a maximum of 15 years in prison, the D felony by a maximum of 7 years in prison, and the A misdemeanor by a maximum of 1 year in jail. Also, there is a theoretical 1 year mandatory jail sentence on any felony gun conviction."

I'm guessing that it'll be beaten down to a misdemeanor -- so what kind of sentence does that carry? Guess it depends on his previous record, right?

Posted by: is there a lawyer in the house? | November 30, 2008 7:29 PM

i hope he is ok and not in to much trouble, but i dont think the giants need him.

Posted by: dallas sucks | November 30, 2008 7:10 PM

Plaxico doesn't seem like a thug, but he is another player who does stupid crap. Going to a nightclub with a gun, knowing it is against the law. What good could possibly happen? I agree with one post on here. Black athletes love carrying guns, the more guns the better. They can't transition from violent past to upper middle class living. Always goin back to the old neighborhood to show everyone how important they are now.

Posted by: Dave | November 30, 2008 7:07 PM

Idiot...yes Role model....not a chance. Tear up his contract.

Posted by: Anonymous | November 30, 2008 6:47 PM

ok darkiight you sound like the biggest idiot. Get an education and learn how to spell. You can't be a black man by the way you sound. My people don't talk like that. You get a grip on life too, and take some classes.

Posted by: va's finest | November 30, 2008 6:46 PM

Look Kelly G you don't know that man like that to call him a thug. Do you even know what a thug is? And you don't know if he was high either. I'm not saying what he did wasn't dumb, but who are you to be making those type of comments about someone you don't know or interact with. Get a grip on life.

Posted by: va's finest | November 30, 2008 6:38 PM

OH AND PITTSBURGH IS GOING TO THE SUPER BOWL, CRACKERZ!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted by: Anonymous | November 30, 2008 6:30 PM

you idiots act like he shot his black leg on poor puss, he did it by axident, he a tru thug lke me and i carry bout 4 guns on me at all timez dawggy, so any cracker step up to me ill shottz you in the face beach, NOw WHATZ CRACKERS

Posted by: darknight | November 30, 2008 6:29 PM

you idiots act like he shot his black leg on poor puss, he did it by axident, he a tru thug lke me and i carry bout 4 guns on me at all timez dawggy, so any cracker step up to me ill shottz you in the face beach, NO WHATZ CRACKERS

Posted by: darknight | November 30, 2008 6:27 PM

NYS Gun law is constitutional, it doesn't violate anyones rights. It requires that you license any weapons you own or purchase. It's handgun law has also passed constitutional muster and as such Mr Burress was in criminal violation. Pretty open and shut case. So for all you constitutional experts (roflmao) don't carry in NYC unless you want to establish a close personal relationship with a guy who swings both ways and thinks you are cute (since he's there for life, everyone is cute).

Posted by: Tom M | November 30, 2008 6:22 PM

He had a gun, he had no permit and he shot himself in public. Hopefully the system will work as it should and Pierce will be hit with aiding and abedding and Burress will get the penalties according to their laws...

Posted by: Tom W | November 30, 2008 6:15 PM

captain obvious and Tellit Straight are obviously a simple people. NY does allow the right to beaar arms. they simply want someone who is to prove that they have a basic , fundamental knowledge of firearm. It is apparent qht mr. Burress had very little knowledge on the use and handling of a loaded firearm or he would not have shot himself. His lack of knowledge was,and is, a danger to people, or puppies, around him. They could have just as easily beent the recipient of a bullet frtom Mr Buress's mis handled gun.

Posted by: Michael Mashburn | November 30, 2008 6:05 PM

So he shot himself with someone elses gun? Not guilty. LMFAO.

Posted by: Plaxman | November 30, 2008 5:25 PM

Mr. Burress' actions as demonstrated by this newspaper article indicate that he should not own a personal hand gun. He violated the laws of the state of New York and violated commen sence by (one) sticking a gun in his pants pants and (two) by taking a gun to a night club. If he is going to continue to play football, he needs a baby sitter, or his team could just do without him.

Posted by: SCAS8047 | November 30, 2008 5:24 PM

Why do so many black athletes think that they need to carry guns?

Posted by: Barak | November 30, 2008 5:24 PM

Lots of overreaction for an incident that only hurt Burress. There were plenty of times when a concealed handgun could have saved lives, the subway massacre comes immediately to mind, but the sheeple are trained to bleat instead of fight. You'd think Burress was a tax collector from the way they bleat at him. "BAAADDD...BAAAADD.."

Posted by: WITHELD | November 30, 2008 5:21 PM

That is offensive I am reporting you. P.S. I had a heckuva game last night didn't I?

Posted by: Jimmy Clausen | November 30, 2008 5:19 PM

If he gets kicked out of the NFL good ole ND can use him.

Posted by: Charlie Weis | November 30, 2008 5:13 PM

what he did was retarded, but hard time for shooting himself? he's obviously harmless to others... im not saying this cause he;s famous either cause if i have my gun on me and shoot myself in the leg why should i get introuble. i mean shit he's gonna be known as the dumbass that shot himself for the rest of his life and that is pure comedy. no puppies were hurt nobody was almost ran over, just a doode sayin o shit da guns fallen BANG hahaha

Posted by: captain obvious | November 30, 2008 5:10 PM

"Karma"...if you think you're above the law it will catch up with you! But fortunately an innocent person was not the target! Plaxico is a talented player who has acted very carelessly and will either learn his mistake, take responsibility or repeat it! It is his choice! He knows better. I feel bad for his team, but fortunately they showed today in their victory that they can win without him and the drama didn't effect them! Go Giants!!!

Posted by: Christen | November 30, 2008 5:09 PM

oops.. he screwed up... no matter.. giants don't need him anyway. hes been to much of a headache anyway, hopefully he'll lose his job and maybe learn a lesson.

Posted by: nygman | November 30, 2008 5:03 PM

hey Jon,could you not use such offensive language, you have offended many of your fellow countrymen, not to mention your present president the Honorable Barak Obama.So could you please refrain from such pea brain, hater type comments, and only use them in your barnyards, trailer park, please...thank you,,

Posted by: big al | November 30, 2008 4:59 PM

USCITIZEN Wrote: "Guess New York is not subject to the US Constitution, specifically the Second Amendment.

It is a right to carry a weapon that is guaranteed by the Supreme Law of the Land."

Citizen, please take your gun to New York and enlighten those folks about constitutional rights.

Posted by: Tellitstraight | November 30, 2008 4:55 PM

Apparently, Maske's expertise as a writer is his ability to read the Daily News.

Posted by: Anonymous | November 30, 2008 4:53 PM

What do ya do... yet another great player falls prey to this malicious system we call "the law"

want a better example?
Lindsey Lohan Damn near kills a guy while driving drunk paralyzing him for life and spends less than one day in jail. Michael Vick caught up in a dog fighting scandal and has been in jail forever and a day now. What gives, what has America come to when animals lives are valued more so than human lives. I,e Lindsey Lohan & Paris Hilton.

WE WANT MICHAEL VICK BACK IMMEDIATELY!!!
We can live without the other two buffons aforementioned.

Posted by: Texas 4 Nat'l Champions Roland Browne | November 30, 2008 4:45 PM

Yet another case of an overpaid professional athlete who screws up again and again, but is forgiven repeatedly because he has athletic talent (see Pacman Jones, T.O., etc.). If Burress were Joe Lunchbucket, he'd be spending the next year in jail.

Posted by: amazin | November 30, 2008 4:44 PM

Unfortunate things happen eventually to those who break the law. To avoid getting into trouble, don't break the law. Duh!

Posted by: Ejay | November 30, 2008 4:43 PM

Right to bear arms is not the same as right to take guns anywhere you please.

Posted by: Peter | November 30, 2008 4:41 PM

Guess New York is not subject to the US Constitution, specifically the Second Amendment.

It is a right to carry a weapon that is guaranteed by the Supreme Law of the Land.

Perhaps his lawyer has read about such things and can properly defend him.

Posted by: UScitizen | November 30, 2008 4:37 PM

Normal, law abiding citizens can't carry a gun in NY. This Thug should have to do hard time! What an idiot...How high was he that he shot himself? If he doesn't do hard time, then I guess it's ok to break the law if you are famous. What a crack-head!

Posted by: KellyG | November 30, 2008 4:35 PM

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