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

[F75gunslinger]

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

I do and I live here. It is what it is though. I doubt it will ever change and I'm afraid it will get worse as time goes on. I've already talked to the other half about leaving NY altogether . But it's hard when all our friends and family are here.

 

[tops]

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

Plus illegal, immoral and illicit. Larry

 

[Zackary]

Here in New York State it all depends on which county ( excluding NYC ) you live in. The county I live in is gun owner friendly. A few years ago while cleaning out my mother-in-laws house after she passed away, we discovered a S&W model 49 handgun my father in law purchased in 1971 after being robbed twice in NYC at gunpoint while working as a delivery man. After that he moved the family upstate ( He passed before her). I took it to the county sheriff's office and explained the situation. They were very good and I added it to my permit. No problems .Recently I went to a party in my neighboring county ( Tompkins) and got talking with a good friend of mine about Unrestricted Carry. He's a gun guy and he explained that in Tompkins County unrestricted permits cannot be had, no matter what. He told me he carries without one. I told him he was crazy. If he ever shot someone there , they'd put the screws to him. The laws make no sense but then they're not supposed to.

 

[Jessie]

...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, that tree of unintended consequences has branches that are far reaching.

 

[Wise_A]

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.

Yes. And like I said, everything is made so intimidating, culturally, that even a completely rational person would be terrified to ask. I know not what the general disposition of Oneida County is, but people are wary even in "green zone" counties.

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

Yeah. Some counties will literally hand you a bunch of amendment slips if you ask, so you don't have to wait for a signed (usually rubber-stamped) one in the mail.

However, I would point out that I chuckle heartily when I see forum members from some other states standing in line to "renew" their CCW permit, as mine does not expire.

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.

Heh, yes. All my long guns were purchased new, so I was out-of-date on that particular semi-unenforceable provision.

But again--see? The process is overcomplicated.

 

[steelslaver]

I die my wife, friends and kids divide up my guns just like my other stuff. None of the government's business and they don't have to stand in any line to for a permit to own a handgun even if they want to drive around with it in their car. If they use one to shoot a couple low lifes breaking into their home the sheriff or police dept thank them and I smile in the after life.

 

[TexasArmed]

Reading all these posts about being arrested for shooting home intruders, makes me Thankful about where I live. God Bless Texas.

 

[HorizontalMike]

Uh... Yankee Texan?

Reading all these posts about being arrested for shooting home intruders, makes me Thankful about where I live. God Bless Texas.

WHUTT?... You must be one of them "Yankee" Texans living up there in NE Texas!

Even Austin is over an hour North for me!
And my county has an average of roughly ~10 people per square mile, if you subtract the population of the county's two towns (about 2,000 pop. each).

But you are absolutely correct about living in Texas!

 

[fredj338]

Reading all these posts about being arrested for shooting home intruders, makes me Thankful about where I live. God Bless Texas.

It should say God bless parts of Texas. Just like every state now, there are places that will not treat gun owners well. Times are changing & no state is exempt. Look at how much Colorado has changed. Texas is changing too, Beto O, Austin, no place is safe from the antigun movement.

 

[Richard Simmons]

My takeaways are:

It was a Rossi but it got the job done.

House looked pretty derelict to me. Not an excuse for anyone to trespass, break and enter, steal, etc., but if your dwelling looks like his it’s more a target for tweakers and others looking for scrap, pawn items.

I pass a house every morning on the way to work that is in serious need of exterior paint, gutters, etc., but even with all the clutter and disrepair someone is keeping the yard and bushes trimmed back enough to keep it looking just this side of abandoned/vacant.

Shooting was ruled as self defense. Unless they were threatening violence which neither article indicated I’m not viewing burglary as a capital offense worthy of taking a life over but I wasn’t there so I’ll chalk it up to people who play stupid games win stupid prizes.

 

[GaryS]

I've carried in several parts of Texas, and as I type this, I am sitting in Austin with my 642 in my pocket.

Texas is mostly Pro 2A, even Austin as there is (I believe) state preemption regarding firearms law.

You do have to pay attention to signage, as it's binding in Texas. Concealed carry can be prohibited on private property (30:06), as can open carry (30:07). In addition, commercial establishments that derive 51% or more of their revenue from alcohol are posted no carry and it's a felony. Signs have to meet the state requirements regarding wording, size, posting location, or they are not valid.

Some of the rules are governed by the firearms laws and some by the Texas Alcohol Beverage Commission (TABC).

That said, Texas is shall issue and permits are issued by the state police. Unlike my home state, one does not need a permit to buy or possess a firearm.

On balance, it's one of the better places to be a firearms owner.

It should say God bless parts of Texas. Just like every state now, there are places that will not treat gun owners well. Times are changing & no state is exempt. Look at how much Colorado has changed. Texas is changing too, Beto O, Austin, no place is safe from the antigun movement.

 

[fredj338]

Some of the rules are governed by the firearms laws and some by the Texas Alcohol Beverage Commission (TABC).

That said, Texas is shall issue and permits are issued by the state police. Unlike my home state, one does not need a permit to buy or possess a firearm.

On balance, it's one of the better places to be a firearms owner.

Not disputing that,just noting that complacency has allowed the antigun movement to grow everywhere. On balance, Kalif is better than WDC or NYC.

 

[steelslaver]

WHUTT?... You must be one of them "Yankee" Texans living up there in NE Texas!

Even Austin is over an hour North for me!
And my county has an average of roughly ~10 people per square mile, if you subtract the population of the county's two towns (about 2,000 pop. each).

But you are absolutely correct about living in Texas!

I'll stay in Montana. How do you deal with all those people. County I live in has 3 people per sq mile counting the towns. We are the highest population county of any that border us. Petroleum county to the east has 3 sq miles per person. Only thing I need a permit for is to carry inside of the town limits when the gun is concealed by my clothing. Open carry no permit. A woman's purse is not considered clothing and no permit needed for that. A loaded handgun in my car doesn't require a permit because in MT it is viewed as an extension of my home. The state congress passed permit less carry, but our chicken manure Governor vetoed it.

 

[Steve912]

Jury nullification was necessary and they didn't give it to Mr. Goetz - who did, indeed, spend a full year in jail.

Eight months, and a $43 million civil judgement to Cabey.

 

[HorizontalMike]

BRRRrrr!

I'll stay in Montana. How do you deal with all those people. County I live in has 3 people per sq mile counting the towns. We are the highest population county of any that border us. Petroleum county to the east has 3 sq miles per person. Only thing I need a permit for is to carry inside of the town limits when the gun is concealed by my clothing. Open carry no permit. A woman's purse is not considered clothing and no permit needed for that. A loaded handgun in my car doesn't require a permit because in MT it is viewed as an extension of my home. The state congress passed permit less carry, but our chicken manure Governor vetoed it.

+10...!
But at least here in South Texas I do NOT have to deal with "wet", "cold", "salty" feet...! I hated all that salt they threw on the roads back in northern Indiana after every flurry of snow! Even our shoes would deteriorate with all that salt, and THAT is assuming you didn't lose your toes to frostbite of ~20F liquid saltwater since it does not freeze...
BURRRRRR......

 

[steelslaver]

No salt here either. Montana uses sand. Cracked windshields though

 

[smoothshooter]

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 iits not over by a (Pardon the pun) a long shot.

There's nothing about the City or State of New York that would make me want to live there.
Or MA, MD, NJ, DE, CN, MD, DC, IL, CA, etc.

I don't see how you people that live in those places put up with all the ****.

 

[Frogwalking]

The house was condemned. No electricity, no water; probably a dump. The people who were killed may reasonably thought the house was empty. They may have been homeless people looking for a place to sleep. Burglary is not a capital offence. I think the prosecutor should have gone for voluntary manslaughter. This is not a good example of a just use of a firearm (imho). (I seem to be in a minority of one here, but this is how I see it.)

 

[Wise_A]

Just pointing out, we know absolutely nothing about the actual event other than that the deceased were inside the home. If he wasn't charged, I'd give him the benefit of the doubt.

 

[Quiet 1]

Lemme go step-by-step to explain where he went wrong. Father died, left behind his Rossi revolver. . . . . . . . . snip . . . .

Excellent, informative post, Wise_A. Let me add this, not as a "nit-pick", rather simply meant as an addendum.

Federal law allows handguns to be directly transferred from estate to an individual, without FFL involvement, by bequest.

Here is a copy of the relevant Federal Statute:18 USC 922
Paragraph (a)(3)(a) highlighted in purple states:

(It shall be unlawful) (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State

So, to be 100% federally legal, if the handgun is "bequeathed" through a written will, all that's needed is a copy of the “Bequeathment Page” and a copy of of the benifactor's death certificate. Obviously, It would be prudent to always keep these documents with your gun records.