By Budd Schroeder
Budd Schroeder
A man could go to jail for up to four years because he didn’t have a piece of paper. That is what could happen to a man in Deerfield, NY, because he shot two burglars who attacked him, and both died. Now, he was not charged with murder or manslaughter because Article 35 of the New York State Penal Law covers the justification of deadly force in the case of burglary.
The homeowner, Ronald Stolarczyk, used a gun that used to belong to his father who died many years ago. According to the news reports, Ronald never turned in the gun after the death. He also didn’t get a pistol permit and therefore, according to the Sullivan Law, committed a felony by possessing the gun. That is why he was arrested.
New York has some of the strictest and dumbest gun laws in the nation and they are particularly focused on gun possession. You may not own a handgun unless it is registered to you on your pistol permit. This is not an easy process in many counties. While the pistol permit is a state permit there are several quirks involving the process.
The state permit for an upstate resident is absolutely worthless in New York City, but the carry permit issued to a New York City resident is valid upstate. Both are valid in Long Island but an upstate permit holder could have trouble trying to transport his gun from his home to a place in Long Island if he has to go through any of the five Boroughs of New York City.
A New York City resident can get a permit to possess a handgun for his premise but it is a crime to take it from there except for the purpose of going to one of seven approved ranges for practice. Carrying it to the range requires that the gun be in an opaque case, unloaded and the ammunition separate.
Now, there is a court case that has a challenge of the part of the law that says the gun owner cannot take his or her gun with them if he/she owns property upstate and wishes to take with the gun. There is a lot of confusion when it comes to gun laws and possession in the Empire State.
So, here we have a case where a person uses an illegal gun to do something that is legal by New York law and has been arrested. He didn’t have a document issued by a judge that gives him the ability to enjoy a constitutional right.
Getting a pistol permit in New York City is a drawn out and expensive process unless the applicant is politically wired or a celebrity. The New York City Police Commissioner is the one who oversees the process and usually a designated officer is the one to do the interviews and decide whether the person is allowed to own a handgun. Some legal cases have discovered that money can help in getting the officer’s acceptance. That has been embarrassing to the police agency.
In the rest of the state the usual administrator for issuing pistol permits is a judge and done through the County Clerk’s office. Each county seems to be its own kingdom and pretty much runs the process as the judge decides, with the cooperation and staff of the County Clerk.
The applicant must fill out a form, give four references and submit it with photos and fingerprints to begin the process. There can be variances in the way it is done. Some counties will require that the applicant take an approved safety course before the application will be accepted.
A law enforcement agency will perform a background check, contact the references and submit the report which includes an FBI check. The applicant is vetted by the federal, state and local law enforcement agencies before issuance is considered. Then, in some counties, the judge may put restrictions on the permit that say it is good only for business, target shooting or hunting. Self-defense is not considered to be a good enough reason to have a permit by some judges.
For the counties that require a pistol safety course, there is a quirk in the law that says that a person may not possess a handgun unless the gun is licensed to him or her. This makes the safety course purely academic and learning to load and fire the gun has to be delayed until after the permit is approved and the person buys a gun.
However, there is a provision that allows hands on training for people between the ages of 14 and 21. Strange that teen-agers can be trusted by the state to handle a gun for training purposes, but not those who are old enough to own one.
Maybe Mr. Stolarczyk never thought about a pistol permit and there is a possibility that he thought because his father had it legally, he inherited it legally. This will be an interesting case to follow. There can be a legal quirk in federal law that possibly could be brought up considering that a lawsuit is waiting to be heard that could have a bearing on this case.
The landmark federal Heller case has firmly stated that a citizen has the RIGHT to possess a firearm in his home and that includes rifles, shotguns and handguns. For more than a decade, New York has ignored that decision and when they infringe on Second Amendment rights, they are really infringed. This incident may just be the case to determine if the federal law can overcome the whims of the liberal left legislators and governor of New York.
