This Week's Attitude

By Neil S. Friedman

I intended to ignore the Plaxico Burress incident since my editor made it the subject of his column last week, but, since then, a couple of things - especially the gun issue - convinced me to convey my own five cents. (Used to be two, but inflation, you know.)

There's no question what the New York Giants wide receiver allegedly did - carrying a loaded weapon into a popular Manhattan nightclub - was dumber than dumb. He was fortunate that when his 9-mm Glock handgun accidentally discharged, piercing his thigh, the bullet only wounded him and not an innocent bystander or teammate Antonio Pierce, who was with him at the time of the accident.

If Burress was that anxious about being robbed or accosted because of all the bling he was wearing and the cash he was carrying, as he reportedly maintained, why didn't he hire a bodyguard or two? The expense for an evening would have been nominal for someone with a fresh $35 million contract to play football.

The entire incident reeks of bad judgment and misconduct — from Burress' action to a club security guard, who apparently gave the football player entry despite knowing he was armed, to the hospital employees who treated him and failed to report a gunshot wound to police as required by law. And though he may not be the brightest bulb in a world of athletes with more brawn than brain, Burress had to know it was criminally negligent to bring an unlicensed weapon, with a lapsed Florida permit, from New Jersey into New York.

But whatever happens to Burress, aside from his suspension by the team, salary loss and league sanctions, some punishment is warranted — after a fair trial or an appropriate plea deal. But, since the state, prompted by Mayor Bloomberg, passed mandatory sentencing for illegal gun possession two years ago, its "no exceptions" rule has not been widely applied. A spokesman for the New York State Division of Criminal Justice Services recently told The New York Times that the three-and-a-half year mandatory minimum sentence, for second-degree possession of a weapon, has only been applied 10 percent of the time.

Despite the media and public interest the episode earned, Burress deserves more than a simple slap on the wrist, but he should not be unduly sentenced and made an example of merely because of his status as a celebrity. After he fulfills his punishment, it might be sensible to have Burress become the poster child for illegal gun ownership by forcing him to do a series of appearances and public service ads directed at youngsters, cautioning them about guns — legal and illegal.

But, over and above the grid star's troubles, it was shameless grandstanding for the mayor to publicly comment soon after the episode made headlines and use Burress as a high-profile patsy in his illegal gun campaign. If the incident had involved Pete the Plumber from Canarsie (a distant cousin of the 15-minute famous Plumber from Ohio), you can be sure Bloomberg wouldn't have been as vocal.

The mayor deserves heaps of credit for his unwavering campaign to end the epidemic of unlawful guns that are responsible for the majority of violent crime that plagues our city and nation through his expanding Mayors Against Illegal Guns coalition. Nevertheless, Bloomberg should be more focused on the city's rising crime rates in certain neighborhoods, as well as the excessive number of carry permits, estimated at more than 35,000, including to hundreds of celebrities, business execs and others who want to carry a concealed gun, whether they need it or not. Those guns may be legal — nearly 40 percent are for retired law enforcement officers — but what's the intent? Personal protection or ego boost for the rich and famous? Perhaps the mayor should take a cue from the Old West when some towns banned guns completely, except for sheriffs and their deputies.

I mean, what the heck does Don Imus, who occasionally talks about his, need a gun for? Does the egotistical radio shock jock, who rarely mingles with the public, really think he's the target of some nut? He may carry his gun on his hip when he's working with all those kids with cancer on his New Mexico ranch, where it may be legal and more suitable, but it's certainly not necessary in New York.

The endless American obsession with guns seems to be welcome across most of the nation. That fact could not have been more evident than when vice presidential GOP nominee Sarah Palin made it known that she is an avid hunter and often turns her moose victims into family meals.

I must reiterate — for the umpteenth time — to all devout NRA gun nuts that the Second Amendment of the Bill of Rights does not give them the right to possess a firearm. Remember, it reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

Unless gun owners belong to a legitimate government-endorsed militia, their rights are not being violated when it comes to systematically monitoring their guns or when ownership is vigilantly limited to those who absolutely, positively require them. Nor does that Second Amendment right necessarily mean movie stars, athletes and other newsmakers are entitled to carry permits within New York City limits.

Now that Bloomberg has called anything other than a prison sentence for Plaxico Burress a "sham, a mockery of justice," perhaps it's time for the mayor of the city with the toughest gun laws in America to determine if tens of thousands of citizens should have permits to be armed with concealed handguns rather than make political propaganda out of a dumb mistake by a talented athlete.