Intruder Shot By Homeowner Was Carrying Toy Gun

After being woken by loud noises in his Mill Basin, Brooklyn home around 2 a.m. yesterday morning, 62-year-old Larry Goldstein took his .38-caliber Smith & Wesson revolver to investigate what was happening. He discovered two intruders in his kitchen, and since they appeared to be armed, Goldstein fired, hitting one of the men three times while the other fled. And it turned out the intruders were carrying a toy pistol and toy machine gun. A police official told the Wall Street Journal the toys "were very realistic looking... If someone pointed them at you, you would light them up too."

Goldstein, a retired schoolteacher, was licensed to carry his gun, and no charges will be filed against him because, the WSJ explains, "state law permits homeowners to use deadly force when their houses are forcibly entered." He told reporters, "It was frightening. I don't know, it was protective instinct. I'm just sorry it happened. I'm all shaken up... I never expected to have a break-in and I'm glad that nobody was hurt in my family," remarks that somewhat echo the regret that a Harlem shopowner had when he fired at robbers (killing two) who were threatening him and his employee.

Alexander Maginat, 30, was hit twice in the chest and once in the arm. Maginat, who is at Brookdale Hospital, had eight prior arrests and was charged with robbery, criminal possession of a weapon and possession of burglar's tools. However his mother, a former auxiliary cop, told the Daily News that her son couldn't possibly be a burglar, "My son knows better than that."

Goldstein's neighbors were relieved: One told the Post, "Hopefully, he'll make people think twice about coming here and knocking down doors," and another said, "As a person who's been an opponent of gun ownership, I'm glad he had one now."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on September 16, 2010 9:42 AM

Comments [rss]

Kelles

yes let's please draft up "Cleopatra's Law" -- which forbids the media from getting an idiotic sound bite or quote from any perp's mom!

henryhamilton

Why do they even bother to talk to the mothers? It's just embarrassing.

John L

Goldstein needs to got to the police academy and explain to the recruits how he was able to bring down a perp with just 3 gunshots.

Had he called 911 the NYPD would've probably shot these guys 50 times and possibly shot each other in the process.

exnyer

50 times unarmed perp, this perp had a fake machine gun, that calls for at least 100 rounds.

Dogsbody

I guess you shouldn't bring a toy gun to a real gun fight.

kazubes

Good for Mr.Goldstein

Rocknrope

As far as a scenario in favor of looser gun restrictions, you couldn't ask for a more perfect situation:

- 62 year-old retired school teacher

- licensed to own a handgun

- confronts two "armed" assailants in his home

- defends himself and his family by wounding both assailants.

This is the reason why normal, everyday citizens want their 2nd amendment rights protected.

mocanlagunas

googling now what you need for a gun license in ny...

JacqueMehoff

are you rich? do you have $600 for the initial fee and six months to wait to find out if you get approved? what if you get denied for whatever reason? say bye to that $600.

exnyer

It`s $340 per year after that and a decent gun like a Glock will set you back another $600 ammo about $30 for a box of 50.

ktinnyc

It only cost $250 to register for a rifle or shotgun.

Rocknrope

If you're looking to get a handgun, good luck. A long gun (rifle or shotgun) is easier to acquire.

JacqueMehoff

yep, mr. goldstein's on the gun list.

Rocknrope

" If someone pointed them at you, you would light them up too."

That official's been watching too many Mamet films.

ktinnyc

So where are all the loud mouths that just knew the home owner was going to be prosecuted for the shooting because this is New York City?

MT

Not sure if this makes me a loudmouth, but I wouldn't be surprised if this douchebag thug ends up suing the homeowner if he recovers - or better yet his family sues for wrongful death if he dies.

Does anyone know if crime victims like Goldstein are protected from frivolous lawsuits like that?

Petey

Unless this retired teacher shot your son, then dragged him into his house, and faked a break-in into his house, I'm going to go with that yes your son does commit burglaries, and isn't the nice son you think he is, or pretend he is.

Mordicai

Good. Well done, Larry Goldstein. They didn't have "toys," don't be fooled be the media tagline. They had guns, presumable to trick you into thinking that they were armed & dangerous. Well, it worked. You don't have to go "well, maybe I'll wait till they shoot me to see if they are real or not." You blow them away. Don't feel bad about it.