Troopers: Upstate NY Man Arrested After Firing Gun in Backyard

If you're from Upstate New York, it's not uncommon to hear gunshots coming from someone's backyard, especially if you live in a rural area. Unfortunately, the gun activity becomes problematic depending on where you're shooting, who is shooting, and if the gun you're allegedly using is possessed illegally. It's also a problem if people in the neighborhood fear the shots are suspicious, and call police.

On Sunday afternoon at about 3:47 p.m., State Police in East Herkimer were called to residence on Shells Bush Road in the Town of Herkimer after reports were called in regarding shots fired. Upon arrival, Troopers found a man to be in possession of a firearm, who had allegedly fired multiple shots from a handgun in the backyard of the residence. Following their investigation, Troopers determined that the gun or guns being used were possessed illegally, police say.

State Police arrested 41-year-old Thomas L. Kubelius of Schenectady on charges of Criminal Possession of a Firearm (class “E” Felony) and Criminal Possession of a Firearm 3rd degree (class “D” Felony).

Troopers say no-one was harmed during the incident and at the time, there was no active threat to members of the public.

Kubelius was arraigned in the Town of German Flatts Court and remanded to Herkimer County Correctional Facility on $15,000 cash, $30,000 bond.

No other information is available regarding the incident.

When Is It Legal to Shoot a Gun in a Rural Backyard?

In upstate New York, discharging a firearm in rural residential areas is subject to both state and local regulations designed to ensure public safety. According to New York State law, it is prohibited to discharge a firearm within 500 feet of any dwelling, farm building, or structure that is occupied or in use, unless you are the owner, lessee, an immediate family member, an employee, or have the owner's consent.

[AUTHOR'S NOTE: This post is for informational purposes and is based largely on information received from the New York State Police. Regardless of any statements or photographs regarding potential evidence presented or accusations alleged, the reader is reminded that all suspects and/or arrested persons are innocent unless proven guilty in a court of law. At the time of this posting no additional information is available.]