He yelled at the criminals to leave, but they did not. In fact, one advanced “aggressively” towards him.
“He said he was scared to death and thought he was going to die,” Stolarczyk’s attorney Mark Wolber said. “Yesterday he was minding his own business in his kitchen, and today he’s in jail.”
In fear for his life, Stolarczyk “quickly retrieved his deceased father’s .38-caliber Rossi revolver and fired several rounds at the burglars, both of whom were killed. After making sure he was safe from all threats, Stolarczyk immediately called the police and walked to the far end of his driveway to wait for their arrival.
Once they arrived, the responding officers investigated the incident and the Oneida County district attorney concluded that the shooting was likely justified, and that Stolarczyk would not face homicide charges.
The district attorney, however, charged Stolarczyk with felony criminal possession of a firearm.”
So, while the gun Stolarczyk used against the intruders was legally owned by his father who had lived in the house with him prior to his death, Stolarczyk himself had failed to obtain a permit and register the firearm.
Therefore, writes the Daily Signal, “under state law, this otherwise law-abiding citizen was ‘guilty’ of a Class E felony punishable by up to four years in state prison and the permanent loss of his Second Amendment rights.”