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Aldon Smith and Delanie Walker are in trouble in San Jose for, among other things, illegally possessing assault rifles, which Smith, as  I understand it, fired during a party. He may or may not get charged. A while back Plaxico Burress went to jail for illegally possessing a hand gun in New York. Are the cases of Smith and Burress the same or different? Please help me understand as I am not a lawyer and find these matters somewhat confusing.

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8 Comments

  1. Brett

    Without specifics it is hard to speculate Lowell. I, like you, when more info is available will need some legal help on this one. Either way, how freakin stupid. Same old story…when will these guys ever learn. Even if it comes out that they were not involved, why they would even put themselves in a situation like this boggles the mind. These guys get extensive training on how to steer clear of this kind of thing. Disapointed in Geyserville

    September 5th, 2013 11:45 am

  2. NeverWrong

    I think Burress’s misfortune, besides his stupidity to be packing with the safety off, was time/place: Mayor Bloomberg was sending a message on handgun offenses. Don’t know how that translated to the court, but Plax got nailed hard.

    September 5th, 2013 11:54 am

  3. Seth

    Smith purchased the assault rifles in arizona, where its legal to purchase and own assault rifles. From what ive read he is in trouble because he did not have them modified to conform to california’s state laws. In my humble opinion, nothing wrong with owning assault rifles if you are responsible, but if you fire them in the air to ‘disperse a crowd’ you have no business owning one. But thats an opinion for a different blog.

    September 5th, 2013 12:18 pm

  4. Stan

    New York has a zero tolerance policy on guns. With Smith,he had an illegal unmodified gun in his own home. He should be charged…but fame and money in California cause the law to pick and choose who to prosecute.
    Ignorance of the law only applies to us. If you have fame and money..be as ignorant as you want. Burn the mother down if you like. I feel I could go on..but wont.

    September 5th, 2013 12:21 pm

  5. Dennis

    Are there any witnesses besides the guy that is suing? I think worst case this is a misdemeanor, and only if there are more witnesses. And as far as California gun laws go, don’t get me started, I could care less if somebody breaks them. They are over the top ridiculous.

    September 5th, 2013 1:56 pm

  6. Steve the cat rescuer

    Discharging a firearm in public, unless at a range, on BLM approved areas or in self defense, is either a misdemeanor or felony, depending on circumstances. Hunting regulations are different. NYC has draconian gun laws, which deemed Burress’s act a felony. If the current laws before our idiot state legislators are passed (and they will be because the Dems have a majority in both chambers), California will be much worse than NYC. Seth is essentially correct about the assault rifle – Smith should have had it modified to conform to CA laws. Still stupid to discharge it at a party, if it’s true, and not the first time Smith has had legal issues as a result of being at a party. Dude needs to grow up.

    September 5th, 2013 4:50 pm

  7. Streetglide

    He was hanging out with thugs got caught up in the moment and it all went to hell. getting stabbed has that effect. Having said that, California gun laws are stupid. As far as Plexico, he was packing in a public place. On the one hand I don’t blame him, on the other what a dumb your-word-here…

    September 6th, 2013 6:11 am

  8. B-Rad

    “Are the cases of Smith and Burress the same or different?”

    What’s funny about the Smith case?

    Whereas Burress shoots his dumb self in the leg, blames the Giants for suspending
    him for the season, and ends up in prison for a couple years.

    September 6th, 2013 1:56 pm

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