The Stupidity Of Gun Laws That Make Honest Citizens Criminals.

(image courtesy Observer-Dispatch.)

Sixty-four year old Ronald Stolarczyk of Deerfield, New York is out of jail after being charged with a felony of possessing an unregistered gun that was legally purchased by his father, who was a veteran of the Utica Fire Department, and left to Stolarczyk when the father passed away.

The gun came to light when Stolarczyk shot two people who broke into his home and tried to rob him – for the second time.

Patricia Anne Talerico, 57, and her nephew, Nicholas A. Talerico, 27, of Utica, were shot and killed Tuesday afternoon by homeowner Ronald Stolarczyk, 64, as they were burglarizing his home at 6110 Walker Road in Deerfield.

McNamara said “a large amount of property” believed to have been taken from the initial burglary at Stolarczyk’s home was discovered at Nicholas Talerico’s apartment in Utica during the investigation of the shooting.

Items recovered included an old Commodore computer and an old bicycle, McNamara said.

Stolarczyk knew he had been burglarized recently, said his lawyer, Mark Wolber.

Stolarczyk appears to be a hoarder, McNamara said, and among the items he collected were Commodore and Atari computers.

The two criminals were paragons of virtue, according to their families:

“On May 28th, our world was completely changed and will never be the same. We lost two wonderful people to gun violence. We are not sure why our Brother and Aunt were in Deerfield but we can say with certainty that they were not there to harm anyone. They were two amazing, caring, and loving people we truly believe they thought the house was unoccupied. They did not deserve to die!!! The police should have been called and their deaths could have been avoided. They are also victims & will deeply be missed!!”

Those two “wonderful people” have police records, which belies the family’s statement:

Police found items belonging to Stolarczyk in another home Tuesday night. Oneida County District Attorney Scott McNamara says police are trying to determine if the two robbed Stolarczyk’s home about a week ago.

“A truckload of evidence was seized last night. At this point, we have to determine whether or not that was evidence that had been taken from this residence on a prior occasion,” McNamara said.

The Oneida County Sheriff’s Office released past booking photos of Patricia and Nicholas, saying that both have criminal records.

Patricia Talerico had been arrested more than 20 times in the past, and Nicholas Talerico was arrested on more than one occasion.

Both suspects were Utica residents, although they lived at different addresses.

Stolarczyk is a hoarder by all accounts. That doesn’t mean that his house – as full of his possessions as it may be – is a repository for those who stole from him and were looking to steal from him again.

Yet because of the gun left to him by his father, Stolarcyzk is being charged with a felony and is facing 1 1/3 to 4 years in jail because people broke into his home and being scared, he defended himself:

The Deerfield homeowner has retained attorney Mark Wolber, and Oneida County District Attorney Scott McNamara says the homeowner has been cooperative and talking to investigators.

Right now, Stolarczyk is charged with felony gun possession because investigators believe he used his deceased father’s gun, which he never registered to himself, to kill the two suspected intruders.

McNamara talked Reporter Joleen Ferris about duty to retreat, whether it applies here; whether it applies to unarmed suspects. And Stolarczyk’s attorney shares what was going through his client’s mind as he heard strangers talking in his home, getting closer and closer to him.

“At this point in time, we have no reason to believe they were armed, but under the law, Mr. Stolarczyk, the law doesn’t require them to be armed for Mr. Stolarczyk to defend himself against a burglar,” said McNamara.

“He told me that when they were coming up the stairs, that as they approached him, that he was scared to death and he thought they were going to kill him. One of the troopers said, ‘did you see anything in their hands?’ He said, ‘I didn’t look at their hands, I just saw them coming at me and I thought to myself, at that point, that it’s either them or me,’ and he just started firing,” Wolber said.

Any law that takes a law abiding citizen and makes him a criminal by defending his life and his property is not a good law.

The Declaration of Independence states:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

The line is a restatement of John Locke’s statement on rights of “life, liberty, and property.”

No one is sure why Thomas Jefferson in writing the Declaration of Independence changed Locke’s “property” to “pursuit of happiness,” but the general feeling is that Jefferson wanted the stated right to be more inclusive than just the right of property. The right of property is part of the unalienable right of the “pursuit of happiness.”

So when Anne Talerico and Nicholas A. Talerico came into Stolarczyk’s home, they were looking to violate his right to property, and in his mind, looking to violate his right to life.

Yet Stolarczyk was arrested for exercising a defense of those rights, in his own home, while under attack from people he did not know.

We are sure that the politicians of New York wanted to pass “common sense gun laws” when they decided that bequeathed weapon had to be registered. They never thought that the idea of defending one’s property and one’s well being was “common sense.”

To us, that shows the lack of thinking or knowledge of what “common sense” is on the part of the legislature, or anyone who wants similar laws passed.

One Response to “The Stupidity Of Gun Laws That Make Honest Citizens Criminals.”

  1. Percy Veer says:

    At first glance this appears to be another case of criminals trying to play the victim card, the only victim here is the guy who was terrorized by what appears to be two career criminals in his own home. I’ll withhold final judgement until all the facts come out during trial but the family’s statement just looks to be an attempt to pave the way for future civil suits against the homeowner. Interesting that the prosecutor is talking about the homeowners duty to retreat, seems to me, once you’re in your own home you’ve retreated about as far as you can.