Plaxico / Gun Laws

[brazil84]

Besides the nightclub incident, it seems that Plaxico Burress is potentially in hot water for an unlicensed handgun and rifle he had at his house in Totowa, New Jersey:

Guns seized in search of NFL player's home - CNN.com

NEW YORK (CNN) – A 9 mm handgun, a rifle, ammunition and clothing were confiscated during a search of the home of New York Giants wide receiver Plaxico Burress, police said Wednesday.

The confiscated clothing included the sneakers and blood-stained jeans worn by Burress on November 28, when he accidentally shot himself in the leg at a Manhattan night club, said Dennis Blakely, a police detective in Totowa, New Jersey, where Burress lives.

Burress has been charged with two counts of second-degree criminal possession of the gun with which he shot himself.

Blakely said it is unclear whether Burress has permits for the weapons found in his home Tuesday. If not, additional charges would be likely.

However, I seem to recall hearing that there’s no law against keeping an unregistered handgun in one’s residence in New Jersey:

Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

NJSA 2C:39-6(e).

So how will Plaxico be prosecuted for having weapons at his home in New Jersey?

[Paul_in_Qatar]

Probably a matter of opinion, so this ought to be moved.

[BrandonR]

@Paul in Saudi

Probably a matter of opinion, so this ought to be moved.

Huh? Seems to me that this question should have a factual answer… It’s basically just asking whether or not someone can be prosecuted for having “unregistered” firearms in New Jersey.

[Colibri]

@BrandonR

Huh? Seems to me that this question should have a factual answer… It’s basically just asking whether or not someone can be prosecuted for having “unregistered” firearms in New Jersey.

I’d agree. There may be a degree of speculation involved, but there should be some factual information pertinent to the OP.

[Moderating]

Just as a reminder, let’s stick as close as possible to the situation described in the OP, and try to avoid a debate on gun laws in general, or the mental capacity of the individuals involved.

Colibri
General Questions Moderator

[UltraVires]

Agreed. The media as a whole seems woefully uninformed about firearms laws. I see a lot of stories in Florida about how so-and-so had a registered/unregistered gun. There is no gun registration in Florida.

As far as I know, there is no gun registration in New Jersey, either, but you do need a permit to purchase, and there are no legal private party transfers. Maybe they are trying to say that Plaxico purchased the gun illegally?

It is also possible that the gun is an “assault rifle”. New Jersey has an assault rifle ban that is stricter than the now defunct federal ban, and there is no grandfather clause. So, if he had a clone AR-15 or something, he could be in trouble there…

[Loach]

@jtgain

Agreed. The media as a whole seems woefully uninformed about firearms laws. I see a lot of stories in Florida about how so-and-so had a registered/unregistered gun. There is no gun registration in Florida.

As far as I know, there is no gun registration in New Jersey, either, but you do need a permit to purchase, and there are no legal private party transfers. Maybe they are trying to say that Plaxico purchased the gun illegally?

It is also possible that the gun is an “assault rifle”. New Jersey has an assault rifle ban that is stricter than the now defunct federal ban, and there is no grandfather clause. So, if he had a clone AR-15 or something, he could be in trouble there…

You are exactly correct. There is no gun registration in New Jersey. The only permit is a firearms purchase permit, not a weapons registration. As long as he can prove the gun was purchased legally and the weapons themselves are not illegal under state law there should not be a problem with the guns. It is possible that there is a local ordinance that I am not aware of.

I know I have mentioned it often enough to probably make some sick of hearing it but for those that haven’t, I am a police officer in New Jersey. I also own a few “unregistered” handguns.

[brazil84]

Thanks folks.

I’m guessing that the interview went something like this:

Blakely: We recovered a handgun, a rifle, and some bloodstained clothing when we searched the premises.

Reporter: Did Plaxico have licenses for those weapons?

Blakely: [Afraid to tell CNN “well, you don’t really need a license just to own a firearm in New Jersey”] It’s not clear but we will investigate the matter and file charges if appropriate.

[Loach]

@brazil84

Thanks folks.

I’m guessing that the interview went something like this:

Blakely: We recovered a handgun, a rifle, and some bloodstained clothing when we searched the premises.

Reporter: Did Plaxico have licenses for those weapons?

Blakely: [Afraid to tell CNN “well, you don’t really need a license just to own a firearm in New Jersey”] It’s not clear but we will investigate the matter and file charges if appropriate.

Pretty much. The search warrant probably allowed for confiscation of any weapons pending an investigation. There is a chance that there is a local ordinance that I am not aware of.