Sixty-Four Year Old Man is Arrested after Shooting & Killing Two Home Invaders

[Jack Flash]

He used an unregistered handgun. Does anyone know NY State law? Would he have been arrested if he had used a shot gun?

New York man facing illegal weapons charge after killing 2 burglars in his home says gun was father'''s | Fox News

 

[blues7]

Charges were dropped.

Charge dropped against Central NY homeowner who shot, killed 2 intruders - syracuse.com

 

[NYlakesider]

Charges were dropped.

Charge dropped against Central NY homeowner who shot, killed 2 intruders - syracuse.com

The farther north you get above "the City" that better justice seems to work. A lot depends on who is running the show NYSP, Sheriffs, Local PD!

Glad to see the charges were dropped but rest assured its not over by a (Pardon the pun) a long shot.

 

[blues7]

The farther north you get above "the City" that better justice seems to work. A lot depends on who is running the show NYSP, Sheriffs, Local PD!

Glad to see the charges were dropped but rest assured its not over by a (Pardon the pun) a long shot.

Well, I moved from NYC in 1987 and don't plan on ever moving back.

Fortunately, after retiring from federal L.E. in South FL, I moved to an area very much like the high peaks region of the Adirondacks, (where I spent a great deal of time backpacking, canoeing, x-c skiing, climbing etc), in western NC.

Less snow and warmer winter temps...and much friendlier to the 2A.

 

[Jack Flash]

…
Glad to see the charges were dropped but rest assured its not over by a (Pardon the pun) a long shot.

Civil charges are of course a worry but it may be that it isn't worth a lawyer's time in this case. Not meaning any ridicule of course, but it looks like the house and property are not worth a whole lot unless there is a lot of acreage that goes with it.

The handgun was a Rossi. Whatever it may be worth, I hope he gets it back. Obviously it had value in an HD role, and possibly sentimental value as well. It would be nice to know.

 

[andy52]

There is one nice thing about living here in Missouri, if I have to use deadly force in my home and no charges are filed against me the state law does not permit any civil actions.

 

[blues7]

There is one nice thing about living here in Missouri, if I have to use deadly force in my home and no charges are filed against me the state law does not permit any civil actions.

NC has similar indemnification laws.

 

[ParadiseRoad]

The handgun was a Rossi. Whatever it may be worth, I hope he gets it back. Obviously it had value in an HD role, and possibly sentimental value as well. It would be nice to know.

...apparently he's not getting his house back...

..."Wolber said Stolarczyk is now living in an apartment, and probably won’t return to his Deerfield home. The home, which had no electricity or running water, was condemned due to its condition after the shooting"...

 

[Jack Flash]

...apparently he's not getting his house back...

..."Wolber said Stolarczyk is now living in an apartment, and probably won’t return to his Deerfield home. The home, which had no electricity or running water, was condemned due to its condition after the shooting"...

Yes, I read that. I thought that even if he didn't have the funds to bring the house back to inhabitable condition, he could still possess it and possibly sell it if someone doesn't sue it away from him.

 

[Wise_A]

He used an unregistered handgun. Does anyone know NY State law? Would he have been arrested if he had used a shot gun?

Lemme go step-by-step to explain where he went wrong.

Father died, left behind his Rossi revolver. Presumably, it was properly licensed, which means he had a county-issued permit that listed the exact firearm in question. Any handgun must be individually listed on your permit, and must be transferred through an FFL, with a NICS check, whereupon your county sheriff's office will issue you an "amendment" to your permit listing the new gun.

So no, if it was a shotgun or rifle, there would have been no problem. Not because of "omg ebil gun", but because that's the permitting law. Shotguns and rifles may be transferred without paperwork, individual-to-individual.

Now, when this dude inherited the gun, he had a few options:

(1) He could turn in the firearm at his sheriff's office, free-of-charge and without penalty. He could also have called, and they'd have come and got it.

(2) If he had a permit, he could have transferred it to himself through an FFL. Here's the Oneida County Office of Pistol Permitting's handy-dandy little "Transfer From a Deceased Owner" sheet.

https://ocgov.net/oneida/sites/default/files/pistol/TrnsfrOwnership.pdf

Literally, unless you need the firearm to be disposed from the estate, they just want you to go to a dealer. Easy-peasy. Fee would probably be between $25 and $50.

(3) He'd do #2, but he'd need to get a permit first. This presumes he could pass a NICS check, but otherwise, New York is a shall-issue state. The cost for this would depend on the county in question. Oh look! The Oneida County Sheriff has another sheet!

Application Information | ocgov.net

So he'd need the classroom portion of NRA Basic Pistol, plus the transfer fee for the FFL. Not a big deal.

Unfortunately, this dude didn't do any of these things. It sounds like he was maybe not in the greatest shape to begin with, living in a house with no water or electricity. And frankly, all the media hoo-hah over those "illegal guns" just scares people. Most guns inherited this way are probably unregistered, just because people are too scared to go through the process, when most sheriffs honestly couldn't care less and are very happy to help.

So--no sympathy, but whatever. Sounds like the prosecutor agreed that this wasn't worth the people's time.

 

[Stevens]

The farther north you get above "the City" that better justice seems to work. A lot depends on who is running the show NYSP, Sheriffs, Local PD!

Glad to see the charges were dropped but rest assured its not over by a (Pardon the pun) a long shot.

My BIL is from upstate NY I have been up there several times, really good folks there!
Steve W

 

[adwjc]

My BIL is from upstate NY I have been up there several times, really good folks there!
Steve W

Yeah, welcome to the "other" New York. There is a lot more to NY than the 5 boroughs.

 

[LoboGunLeather]

I am glad to hear that the gentleman survived this incident, and I am very glad to hear that he is not being actively prosecuted.

I have spent some time in New York, both upstate and the "City". I strongly agree that the "five boroughs" are not at all representative of the fine people of New York State.

I cannot help commenting on the fact that there is no right to keep and bear arms when an owner must be licensed and his arms must be registered. All that remains is a privilege to be granted or denied at bureaucratic discretion (or whim).

 

[F75gunslinger]

Shotguns and rifles may be transferred without paperwork, individual-to-individual.

This is not quite true. When they ran the SAFE Act through, long guns now also have to go through a dealer for a NICS check UNLESS it is being transferred from someone to a "direct family member". So mother , father , sister , brother , daughter , son . Anyone else has to go to the dealer and have the transfer and check done.

The article ( and every article I have seen on this story ) have been misleading . It sounds to me like the Pro-gun folks want to push the idea that he was arrested for defending himself ( he wasn't ) and the anti-gun folks want to paint it as a crazy person with an illegal gun.

NYC has their own rules separate from the rest of NYS when it comes to gun laws. I have a concealed carry permit in NY, and am allowed to carry everywhere EXCEPT government buildings ( town, county, state, or federal ) and the five counties that make up NYC. My permit isn't valid there. They also have tighter restrictions on long guns than the rest of the state.

While I don't necessarily agree with all the rules that the state has imposed for gun owners, I think in this instance the DA in that jurisdiction would be completely in the right for prosecuting this guy honestly. I'm surprised that he even managed to keep the gun in the first place. In my area when someone dies the county sheriffs office is pretty quick to make a visit and find out where the guns went ( handguns at least ) if they aren't dual registered ( some counties allow you to have the guns on more than one permit. My father and I have ours on both of our permits so if something happens to one of us it isn't a big hassle ) .

 

[ISCS Yoda]

Leaving the political remarks aside in re rights and privileges I am constrained to remind y'all of the Bernard Goetz case from some decades back, a/k/a, I believe, the Subway Vigilante case. In New York City, of course. NOT Upstate New York where the rules are more reasonable.

Our hero, young Mr. Goetz, was carrying an unlicensed firearm in NYC, where licenses are mandatory and not shall issue. He was confronted by a gang on the subway and in self defense he pulled his gun and fired at the gang members. As I recall he wounded a couple and killed one.

Anyway, he was arrested on multiple charges. At his trial his very able attorney presented all of the appropriate self defense arguments and the jury acquitted him of every charge. Except one.

Carrying/possession of an unlicensed/unregistered handgun. Mr. Goetz got the maximum sentence of one year in jail.

To use a slang legal term, the licensing ordinance in NYC is "black letter law". In other words, there is no defense to the act. The gun you are in possession of either is registered and you are licensed to own and carry it or it is not/you are not. Jury nullification was necessary and they didn't give it to Mr. Goetz - who did, indeed, spend a full year in jail.

That's submitted here just to ensure that there is clarity for everyone between "upstate NY" and "NYC and its five boroughs". Nothing has changed, that I am aware of, in the intervening years since the Goetz case and today. I have family in NYC so we stay on top of this - and there is a current lawsuit working its way through the courts so this could become moot. As of today, it is still extant.

 

[Jack Flash]

Man, the Bernard Goetz story takes me back! I thought it was in the '70s, but Wiki says 1984. As I recall, he didn't kill anyone, but put one guy in a wheelchair. Within a few months, all but the latter individual had been arrested again in similar incidents.

 

[Xfuzz]

In Texas he would be the neighborhood hero.

 

[Tyree1867]

Wise A- you correctly identified all the variables. I'd just like to emphasize that the person in question may have been incapable of understanding the legal requirements following the death of his father. The condition of his living situation, I think, would support that. I don't mean ignorant of the law, I mean incapable.

 

[delcrossv]

Lemme go step-by-step to explain where he went wrong.

Father died, left behind his Rossi revolver. Presumably, it was properly licensed, which means he had a county-issued permit that listed the exact firearm in question. Any handgun must be individually listed on your permit, and must be transferred through an FFL, with a NICS check, whereupon your county sheriff's office will issue you an "amendment" to your permit listing the new gun.

So no, if it was a shotgun or rifle, there would have been no problem. Not because of "omg ebil gun", but because that's the permitting law. Shotguns and rifles may be transferred without paperwork, individual-to-individual.

Now, when this dude inherited the gun, he had a few options:

(1) He could turn in the firearm at his sheriff's office, free-of-charge and without penalty. He could also have called, and they'd have come and got it.

(2) If he had a permit, he could have transferred it to himself through an FFL. Here's the Oneida County Office of Pistol Permitting's handy-dandy little "Transfer From a Deceased Owner" sheet.

https://ocgov.net/oneida/sites/default/files/pistol/TrnsfrOwnership.pdf

Literally, unless you need the firearm to be disposed from the estate, they just want you to go to a dealer. Easy-peasy. Fee would probably be between $25 and $50.

(3) He'd do #2, but he'd need to get a permit first. This presumes he could pass a NICS check, but otherwise, New York is a shall-issue state. The cost for this would depend on the county in question. Oh look! The Oneida County Sheriff has another sheet!

Application Information | ocgov.net

So he'd need the classroom portion of NRA Basic Pistol, plus the transfer fee for the FFL. Not a big deal.

Unfortunately, this dude didn't do any of these things. It sounds like he was maybe not in the greatest shape to begin with, living in a house with no water or electricity. And frankly, all the media hoo-hah over those "illegal guns" just scares people. Most guns inherited this way are probably unregistered, just because people are too scared to go through the process, when most sheriffs honestly couldn't care less and are very happy to help.

So--no sympathy, but whatever. Sounds like the prosecutor agreed that this wasn't worth the people's time.

Does anyone else here think all these hoops to jump through are completely ridiculous?

 

[skjos]

Does anyone else here think all these hoops to jump through are completely ridiculous?

Completely, now Washington state (or more precisely the urban Puget Sound region) is being hit with the same stupid stick.