| I'm sure that everyone who follows the NFL has | | | | individuals or organizations, such as the NFL. |
| surely heard more than they ever cared to about the | | | | In order for anyone to have a legitimate claim that |
| recent Plaxico Burress-shoots-himself story. And along | | | | their constitutional rights were violated, the conduct |
| with the discussion about his particular situation came | | | | complained of must have been engaged in by a |
| a broader discussion about NFL players carrying | | | | "state actor" (like the police, the FBI, or the IRS). |
| handguns, and the NFL's league-wide gun policy, or | | | | Absent state action, there simply cannot be a |
| lack thereof. Unfortunately, one thing that I have | | | | constitutional violation of any sort - with some very |
| seen repeated over the airwaves (I'm talking to you | | | | limited exceptions where private citizens are acting |
| ESPN) is the notion that the NFL is somehow limited | | | | on behalf of a state actor (like if the police asked |
| in what it can do about its players carrying handguns | | | | your landlord to go into your apartment and |
| by the Second Amendment. | | | | confiscate illegal drugs). |
| This idea is simply rubbish. The NFL can contractually | | | | So while there are interesting public policy and labor |
| obligate its players to refrain from carrying handguns | | | | issues surrounding a potential NFL gun policy that it |
| without running afoul of any constitutional rights. The | | | | will negotiate with the Players' Union, there are no |
| reason is that the NFL can never, no matter how | | | | constitutional issues anywhere in the picture. The NFL |
| hard it tries, violate the constitutional rights of | | | | can mandate that players refrain from carrying guns |
| anyone. The most basic of constitutional principles is | | | | just the same as it can mandate that players refrain |
| that the constitution protects people from | | | | from taking steroids. |
| governmental action, not those of other private | | | | |