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I feel really bad for this guy on the gun charge. I don't know enough about the shooting to have a feeling one way or the other on whether it was justified, but this is the sort of "gotcha" gun law that does nothing for anyone. When his dad passed away, I'm sure that investigating some obscure bureaucratic hooey was the last thing on his mind, and rightly so. It seems like the law was designed more to deprive people of their rights by branding them felons than anything else.
 
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Sounds justified -- poor guy (literally -- look at the picture of his garage): Lawyer: CNY homeowner who killed 2 ‘was scared to death, thought he was going to die’

At first, the 64-year-old Oneida County man remained quiet to see if they would go away, said his lawyer, Mark Wolber. But then the homeowner heard them climbing up the stairs from the garage to his kitchen, the lawyer said.

Stolarczyk went around the door to the garage and yelled at them to stop, but one of the two - he thinks the female - kept coming at him, Wolber said.

"He said he was scared to death and thought he was going to die,'' Wolber said. “Yesterday he was minding his own business in his kitchen, and today he’s in jail.”
...
Stolarczyk had a cell phone that had no regular service but was able to call 911, his lawyer said. He then went down to the driveway, Wolber said.
...
Stolarczyk lived in the home with his parents, but they have both died, Wolber said. His dad owned the handgun, and Stolarczyk said he recently discovered it in the home and never registered it himself, he said.
...
In court in Utica, Stolarczyk was arraigned and his bail was set at $15,000, but he doesn’t have the money, Wolber said.

Since his home is still cordoned off as a crime scene with technicians gathering evidence, he told Wolber he had nowhere to go and might as well remain in jail for now, Wolber said.
 
It was his father's gun, and based on the age it's easy to figure an old 1911 or a wheel gun. Based on the DA's statement I think the guy will get out of it without any problems. But even still, he used a family heirloom to defend his life. If he gets convicted of ANYTHING then this country (at least parts of it) is truly lost.
 

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