Homeowner Arrested After Shooting Burglars With Illegal Gun

[AnthonyC]

Two burglars killed in the act of the crime when shot by homeowner. However, homeowner is arrested for an illegally possessed handgun.

https://cnycentral.com/news/local/h...0iIMAqcf9wNyxKTWUnJD3hE63ITgODwAblkUjpCGh_UIA

 

[GOYABEAN]

Should have read the handbook land is a sanctuary kingdom rules must be followed

 

[Deplorable Me]

Should have invested in a "NO BURGLARS" sign.

 

[gun_slinger_boy]

-NY
-People burglarize your house
-You shoot them
-You go to jail

Sounds about right.

 

[repete]

Anyone else notice the names of the" burglars"? Mom and son she was 57 he was 27 and the shooter is 60something, I smell a pissed off ex that either was stealing or wanted her shit back! Time will tell.

 

[GOPerfect]

Promise there will be a lot more to this story.

 

[Acer-m14]

should have said i hit one with a frying pan and took his gun and then he came at me and shot them both

 

[Cooolone]

Sawed off shotty would get you in less trouble... Just sayin.

If the homeowner isn't a convicted felon on parole, and there's no side story to it... Can't see how any of it sticks! SCOTUS has declared the "Right" to defense... If there is no right, then it's murder, forget the tool used. If pursuing charges just because, then I'd call it malicious prosecution (just because), lol.

Again, clean record? Demand a trial, don't settle for jaywalking deal. Force the issue, not a jury in the world will convict a homeowner protecting themselves. Well maybe in NY... Lol

But I do agree... The whole story isn't out yet and trial by the public media is gruesome, lol.

 

[Grimscale]

Doesn't this fall directly under Heller? I thought SCOTUS said it is a Right to own a handgun in the home for personal defense?

Maybe this can be the straw that breaks Cuomo's back?

Or someone could drop a pallet on him, either works.

 

[C3D]

"State Police charged Stolarczyk with Criminal Possession of a Firearm, a class “E” felony for allegedly possessing a handgun without a pistol permit."

I am not sure how they are coming up with a Class E felony for this. CPW 4th is a misdemeanor and CPW 3rd is a Class D felony.

 

[MoMan]

It must have been; "Take your kid to work day"!!

 

[Airborneguy]

Years ago a Navy vet in Brooklyn got off on this charge in a similar situation. The gun was legally his, just not in NY. He had bought it while in the Navy. Also, the perp didn't die.

 

[Bustedknees]

Wondering if he'll face the charges in Deerfield court or send him to the cesspool of Utica to answer the charges.. Two different worlds..

 

[Bob]

"State Police charged Stolarczyk with Criminal Possession of a Firearm, a class “E” felony for allegedly possessing a handgun without a pistol permit."

I am not sure how they are coming up with a Class E felony for this. CPW 4th is a misdemeanor and CPW 3rd is a Class D felony.

"Criminal Possession of a Firearm" is different than "Criminal Possession of a Weapon".
Criminal Possession of a Firearm is charged under 265.01-b and is a class E felony.

 

[Celt]

Personally, I don't care if there's more to the story. Who cares if they knew each other or what the reasoning was. They attempted to burglarize his house and he killed them.

The real shame of it is that in this state he wasn't legally allowed to own a handgun and now is being charged with a crime.

 

[Steal2B]

Anyone else notice the names of the" burglars"? Mom and son she was 57 he was 27 and the shooter is 60something, I smell a pissed off ex that either was stealing or wanted her shit back! Time will tell.

Who knows?. Local news reported the homeowner initially called 911 to report a burglary in progress in his garage and there was a dispatch for a "home invasion". NYSP Keller states the two shot were in the home, the shot male was able to run out of the house and went to a neighbor home across the street for help. Keller also said their were no intruders. It does not look like much of a garage.

 

[Shadow2]

If the guy has no record expect the charges too disappear because this is as RIPE a case as one can get. Heller specifically protects home defense. fast track this to SCOTUS.

 

[C3D]

"Criminal Possession of a Firearm" is different than "Criminal Possession of a Weapon".
Criminal Possession of a Firearm is charged under 265.01-b and is a class E felony.

Thank you for the reminder, I had forgotten about that little gem from the SAFE Act when I posted this morning.

 

[Celt]

If the guy has no record expect the charges too disappear because this is as RIPE a case as one can get. Heller specifically protects home defense. fast track this to SCOTUS.

I would like to be hopeful, but I don't see this being the case that undoes the pistol permitting laws in New York state.

 

[MilesTeg]

There's a rumor going on at work, that it was a legal fire arm up until last year. i.e. he didn't renew his permit with the state. This could be a huge can of worms.

 

[Celt]

There's a rumor going on at work, that it was a legal fire arm up until last year. i.e. he didn't renew his permit with the state. This could be a huge can of worms.

That could be an interesting twist, because previously New York state did not require renewing your permit oh, it was only after the unsafe Act at the entire state has a five-year expiration date.

However, I still don't think this could ever undo the pistol permitting process in New York. Frankly I don't think there is anything short of a complete Revolution and regime change along with cutting out New York City from the rest of the state that could ever undo the pistol permitting process here.

 

[MilesTeg]

That could be an interesting twist, because previously New York state did not require renewing your permit oh, it was only after the unsafe Act at the entire state has a five-year expiration date.

However, I still don't think this could ever undo the pistol permitting process in New York. Frankly I don't think there is anything short of a complete Revolution and regime change along with cutting out New York City from the rest of the state that could ever undo the pistol permitting process here.

I agree. The only thing it might do is make owning a pistol legal (with registration of course)and carry requiring a permit. It's a long shot, but this is the best opportunity so far.

 

[@thewheels]

On the surface, this appears to be a great case for scotus.
The devil is in the details though.

 

[spat]

On the surface, this appears to be a great case for scotus.
The devil is in the details funding though.

FIFY

 

[@thewheels]

FIFY

True. And I know I'd be in for a couple of bucks if this holds up.

 

[spat]

True. And I know I'd be in for a couple of bucks if this holds up.

When justice depends on the thickness of your wallet, is it really justice ?

And I would be willing to (and have) kick in a few bucks for the right case too.

 

[@thewheels]

When justice depends on the thickness of your wallet, is it really justice ?

Absolutely not. Another reason to starve the beast.

 

[GOPerfect]

Oneida County man kills burglars in his home with illegally owned gun, police say

 

[spat]

Oneida County man kills burglars in his home with illegally owned gun, police say

Sounds like he inherited the gun and never registered it.

This does sound like a pretty good case for SCOTUS.

 

[MilesTeg]

'It's either them or me': Homeowner's attorney speaks out on Deerfield fatal shooting

Looking better and better.