Arrest Shows NY Authorities Rather Home Owners be Disarmed than Defended

Arrest Shows NY Authorities Rather Home Owners be Disarmed than Defended
Arrest Shows NY Authorities Rather Home Owners be Disarmed than Defended

U.S.A. – -(Ammoland.com)- In addition to having his house condemned, a 64-year-old New York homeowner is facing up to four years in prison for using an unregistered gun he inherited from his father to defend himself against a duo of repeat burglars, Bizpac Review Senior Staff Writer Vivek Saxena reports.

Ronald Stolarczyk of Deerfield reportedly came home to a “burglary in progress” and shot suspects Patricia Anne and Nicholas Talerico, both of whom died from their wounds.  Stolarcsyk’s attorney told local reporters his client “was scared to death and he thought they were going to kill him.”

The homicides aren’t why the homeowner was arrested and charged:

“Because Stolarczyk had never registered his deceased father’s gun, he was arrested and charged with criminal possession of a firearm.”

That's a “Class E felony” per a New York State Police press release.

Adding insult to injury, he is now evicted from his home, condemned by authorities because it had no electricity or running water. But for the risks and punishments of getting caught, authorities are making a pretty good case for “Shoot, shovel and shut up.”

Let’s review the bidding:

That'll teach him to defend himself! (Ronald Stolarczyk arrest photo)

True, the guy is peculiar. He’s a hoarder who was living in conditions that did not comply with community housing requirements. But he didn’t even buy his gun, he inherited it, presumably along with other property. Had it been a deliberate purchase, it would be reasonable to conclude he had some understanding of “legal” transfer and possession requirements (even though the true standard for legality is supposed to assume gun ownership “shall not be infringed.”)

It’s not reasonable to presume someone who had a gun passed down to him on his father’s death would have an understanding of New York’s complex system of firearms edicts. “Ignorance of the law is no excuse” may be an expectation, but that doesn’t make it a realistic or a just one, as:

“The criminal laws are not always easy to track down and not always easy to understand. In fact, many laws are nearly impossible to understand in all of their complexity, and the whole corpus of federal law is in fact impossible to know. There are so many crimes in the federal law books that no conscientious citizen (or even a conscientious legislator, law enforcement officer, lawyer, or judge) could possibly know what they require. This puts Americans at risk of conviction and imprisonment for the violation of laws that are impossible to find and impossible to know, effectively discarding the traditional protection that conviction requires culpability.”

As Stalin’s enforcer Lavrentiy Beria boasted:

“Show me the man and I’ll show you the crime.”

Compare that attitude to the reason we supposedly have our government in the first place as articulated in the Preamble to the Constitution:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Rather than “secure the blessings of liberty,” New York gun laws advance the interests of the basest of totalitarians. It's hardly surprising that DA Scott McNamara is a Democrat, or that he was originally appointed by disgraced degenerate gun-grabber and former Governor Eliot Spitzer.

In Stolarczyk’s case, even if the prosecution ends up going easy on the sentencing, what he’s being charged with is a felony, and that will result in his being designated a “prohibited person,” barred for life from owning a gun. Before any antis start screaming about the guy’s peculiarities making him suspect, and the need to close the “hoarder loophole” for people living off the utility grid in ramshackle dumps, we ignore the mandate for full due process that proves someone is a danger at the peril of our liberty. And even then, resulting prohibitions are demonstrably futile).

Stolarcsyk is scheduled back in court on August 5. Gun owners who wish to help with his legal defense can do so on his Go Fund Me page, which has already exceeded its goal number, but which will need every cent and more in order to accommodate setbacks and appeals.


About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

  • 34 thoughts on “Arrest Shows NY Authorities Rather Home Owners be Disarmed than Defended

      1. NOPE…WRONG..We have a “governor” that believes he is an “emperor”. He has OPENLY “royally decreed”, “HE” fully intends to ignore the U.S. Constitution, Bill of Rights, his SWORN oath of office, the POTUS, and now that “HE” and his DEMOCOMMUNIST “minions” have “complete control” and is the ONLY “‘government” of N.Y. “HE” can now “gets things done” and install (without any “meaningful” opposition) “HIS OWN PROGRESSIVE government” in N.Y. state and make N.Y. the most “progressive” (COMMUNIST) state in the union.

    1. As a New Yorker, I can say this varies wildly by the county and the region. The entire state is now very divided and has been for some time. We had a very similar incident in northern New York about five years ago or so, and in broad daylight a man broke into the home of a person and shot him and his wife, only wounding them. The homeowner shot back and killed the intruder. The local court charged the homeowner BUT he served no jail time because of it. While I don’t agree with even that, a more liberal county or district it would have been handled differently. This harkens back to the Bernie Goetz case, the subways shootings in NYC. Goetz went to a jury trial but was convicted on the gun charge but ended up with little or no time, but later had to declare bankruptcy because of the wrongful death suits. Not everyone can pack up and move like those outside of this state easily suggest, and where does one move to these days? Many states are enacting red flag laws, safe storage laws etc and have stricter rules than ever before. It’s not as easy to uproot life once one has a family, a job with a pension, good schools, etc.

      1. This is why ( I don’t) people should not live in totalitarian states, such as New York. Ever since the Sullivan Law was adopted, criminals have an easier time with police than law abiding citizens. The Sullivan Law was passed by Tammeny Hall to facilitate their constituents, petty criminals, in order to protect them from armed victims. In other words, the petty criminals were protected by the big criminals, politicians. Defending your life and property are God Given Rights that predate the U.S. Constitution and the country. Mr. Stolarczyk should appeal this case all the way to the SCOUS. It would make great case law. Of course the overzealous prosecutor was appointed by Spitzor #69. Makes one wonder.

    2. This is why ( I don’t) people should not live in totalitarian states, such as New York. Ever since the Sullivan Law was adopted, criminals have an easier time with police than law abiding citizens. The Sullivan Law was passed by Tammeny Hall to facilitate their constituents, petty criminals, in order to protect them from armed victims. In other words, the petty criminals were protected by the big criminals, politicians. Defending your life and property are God Given Rights that predate the U.S. Constitution and the country. Mr. Stolarczyk should appeal this case all the way to the SCOUS. It would make great case law. Of course the overzealous prosecutor was appointed by Spitzor #69. Makes one wonder.

    3. I take exception to Davids description of Scott McNamara. I have know Scott professionally since he first became an Assistant District Attorney working in Rome City Court. While it is true that he is a registered Democrat, I am a registered Republican, I have always found Scott to be fair and impartial. Unfortunately, the DA doesn’t get to write the laws, rather he gets to determine if there is reasonable grounds to believe that a crime was committed, and if so, he has a sworn duty to prosecute it. Folks in this column don’t complain when a Constitutional Sheriff refuses to enforce laws we don’t agree with (nor do I). The DA’s job is a bit more restrictive. I would recommend that all wait and see the results of the case, in a RED county, in NYS. I haven’t seen that this gent was being charged in the local paper, also a conservative paper, but perhaps I missed it. I have seen that he was removed from his home, cleaned up and provided the benefits that he was entitled to under NYS Social Services law. Would it surprise me if he is ultimately convicted, no it would not, but it would dishearten me. Unfortunately, Albany’s reach, especially now that the Dems control both the Senate and the Assembly, is long and getting longer. I love the area in upstate NY but I absolutely hate the politics, welfare and the taxes! Upon retirement, if not sooner, I will be fleeing my home state.

      1. @Phred, Why are either one of you associated with a political party? That gives the impression of biased views of the law. Government prosecutors especially should not be associated with any politics to avoid the appearance of impropriety.

    4. The arrest showed nothing of the sort.
      Instead, it showed that the state expected him to register the gun, which he did not do.
      I’m ignoring the fact that the law requiring registration of the gun is unconstitutional; instead, I’m pointing out what the arrest actually showed.
      If it had shown that the state wanted him unarmed, the charges would have included manslaughter at a minimum. The fact that such a charge wasn’t made shows the state has no problem with him being armed.

      1. Tjey want him and everyone else unarmed! That’s why all gun related charges are felonies! That way you lose you right to own a gun vote ect .. possess a standard capacity mag felony! Unregistered at. Felony. Get the picture?

    5. Did the goon squad have a warrant to enter his home? Or express permission to enter? If not, they cannot use the “evidence” of the gun, nor its being “ungregistered” because it was NOT gotten legally.

      Bsides his “criminal” defense matter, I think he should launch a major Federal level lawsuit against this DA directly both as individual and as government agent, for violating his civil rights. Heller decision states a guy can have a gun in his home for his own defense. AND that that RIGHT is protected under the Second Article of Ammendment.

      His right to arms (under those and other terms) is inalienable, derives from the Constitution, predates government, and is a CIVIL or natural right The DA has decided to violate this man’s civil right.
      Once filed, against this DA in his own capacity as a person AND in his official capacity, go after his personal bond and insurance, required for him to hold public office. Until that bond is cleared, the guy cannot function in his official capacity.

      See how he enjoys THAT status, and see how long it takes for him to hear the canary chirping in the coal mine…. and drops the charges against him. Then I’d still go after the DA for false arrest and false imprisonment.

      He wanna play hardball, well, lets us have some HARDball.

      Eedjits in gummit acting like Hitler’s Goon Squad, the Stasi. Not a good thing.

      New York’s requirement for a Mother May I Card to even possess a handgun in the home sounds a whole lot like New Jersey’s former requirement, destroyed by the SCOTUS decision in Heller. New York =shoulda been first, but millions would be content if they were second. Illinois also fell under the mandate of Heller, and had MacDonald tossed onto the fire as well. They now MUST issue Mother May I Cards to carry concealed. No longer can corrupt DA’s like this dirtbag “decide” that “no one’ is qualified to carry their own defense. Next, New York, then California.

    6. On one of the survival magazines (a few years back) it had an article that said “are you an outlaw?” It stated that there are over 2 million laws. (city, county, state , federal) on the books, with at least 100 added every day. Its impossible to know ever law and hidden ones. Did you ever notice when simeone is arrested that they always add on more charges unrelated to the original charge.
      Thats a bunch of crap that people in New York have to register their firearms and have to get permits to own one. Its run by power crazed, mentally unstable, psychotic, meth using politicians who do the commands of their masters micheal Bloomberg and George Soros.

    7. Was the inherited gun registered to his father ?
      If yes, he had 15 days to place it with an FFL, or NYS pistol permit holder.
      After 15 days, the appropriate state official should have picked the weapon up.

    8. Unbelievable, they only wanted him to be a good victim and not defend himself. Criminals in NY must be a protected species and should be made a state symbol, oops they already are.

    9. It appears that NY is in the business of creating criminals out of thin air. No surprise here. I often say “if you have to shoot someone who invades your home, it better be with a registered gun”. Some people I know are proud of the fact that they have firearms that are not in the system, but in reality these weapons put their owners at risk and ripe to be made an example by an ever increasing police state. Even those gun defense programs can’t or won’t protect unregistered gun owners.

        1. This country wasn’t won with a registered gun!
          Background checks = gun registration = gun confiscation = democrat goon squads kicking in your front door and hauling you off to a democrat run New World Order concentration death camp!

    10. To start with you shouldn’t need to register your guns. Only in a communist state, which there should be none in the USA. New York is a fucked up state with morons that live there. This communist gets voted in over an over again. New Yorkers must love it in the ass, or they wouldn’t keep voting them in.

    11. Use the Hillary defense. Yes he technically broke the law but since he didn’t intend to break the law he cant be charged with a crime. If it’s ok for her then it should be ok for the deplorables.

    12. The 4th amendment guarantees a person to be secure in his places. So who enforces constitutional law in new york? Actually no one! But who’s supposed to uphold and enforce constitutional law? Why, the wonderful fbi, and us attorneys office! So who will hold the fbi, and us attorneys office liable, and arrest the violators for failing to uphold the constitution? In new york, criminals rule, so no one will hold those responsible- liable!

      1. Former Congresswoman Cynthia McKinney said way back in 2004 that this country was being run by a CRIMINAL SYNDICATE. Anybody can look around just a little bit and see that she is/was 100% correct. Pres. DJT knows this, and he says he is trying to drain the swamp. What a monumental task that will be considering how entrenched the criminals are. You can tell which ones are compromised by their total lack of adherence to the original US Constitution. Most of them are TRAITORS who should be charged with their crimes, taken in front of a MILITARY TRIBUNAL, and dealt with accordingly if and when found guilty.

          1. If they were hers, it’s nobody’s business. And I never heard that innuendo before. Maybe you should consider the source, she has a lot of enemies in the Deep State, especially since she exposed “the pledge” that all congress critters must sign in order to get funding for their re-election campaigns. She refused to sign and blew the whistle on the turd faces, so now she has been on their hit list. Google it up, “Cynthia McKinney exposes ‘The Pledge’ “. And you question why this country has become so F’d up ? The Incredibly Evil Khazarian Mafia strangled the USA like an octopus does to its prey.

          2. @Richard…I never heard anything of the sort about her. And I even just did a search for that and absolutely nothing came up. Dear Richard, you will have to do much better than that. Can you offer a link to that story, or did you just hear it from those who have been known to be perpetual liars for thousands of years now. Jesus Himself identified the problem and you can read about it in the Bible. Start with John 8:44, and then go read the entirety of John 8. Maybe the lights will start to go on.

          3. She was the one who hit a Congressional security guard because he asked for her ID after she had walked around the security check point not wearing her Congressional lapel pin….

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