A 67-year-old Queens resident is headed to prison for four years, sparking a fierce debate over the application of New York City’s strict firearm regulations. While Charles Foehner was cleared of criminal wrongdoing for fatally shooting a mugger in self-defense, prosecutors successfully pursued charges regarding the unlicensed handgun used in the incident.
The controversy centers on a confrontation that occurred two years ago between Foehner and Cody Gonzalez. According to reports, Gonzalez, a man with a history of mental illness and at least 15 prior arrests, approached Foehner demanding money and cigarettes. When Gonzalez lunged at the older man brandishing an object—which appeared to be a knife but was later identified as a pen—Foehner opened fire.
Authorities ultimately decided not to prosecute Foehner for the death of Gonzalez, accepting the premise of self-defense. However, during the investigation, police discovered a collection of unregistered firearms in Foehner’s residence. Under New York’s possession statutes, the ownership of these weapons, including the handgun used to kill Gonzalez, constituted a felony.
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The sentence has drawn sharp condemnation from gun rights advocates, specifically the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).
“We agree wholeheartedly with attorney Thomas Kenniff’s assessment of New York’s gun laws,” said CCRKBA Chairman Alan Gottlieb, referring to the defense lawyer’s description of the statutes as “draconian.”
Gottlieb argued that the Queens District Attorney’s Office is penalizing a victim for navigating a dangerous situation. “Almost everywhere else in the country, Mr. Foehner would be getting accolades for defending himself against a guy with Gonzalez’ criminal record, but in New York, he’s getting four years in prison,” Gottlieb stated.
The advocacy group contends that the city’s justice system is inverted, focusing on technical violations by law-abiding citizens while recidivist offenders roam free. Gottlieb drew parallels between Foehner’s plight and other polarized local cases, such as the prosecution of subway passenger Daniel Penny.
“Queens prosecutors should be ashamed of themselves for using New York’s despicable gun laws to imprison a man who was defending himself from a thug,” Gottlieb added. “Apparently, in New York City, it’s more important to allow dangerous repeat offenders to roam the streets, while putting good people behind bars.”
Foehner is scheduled to appear in court on January 14. While advocates are calling for a commutation of the sentence, expectations remain low given the city’s rigid stance on unlicensed firearms.
“If there is true justice in the world, Mr. Foehner’s sentence would be commuted, at the very least,” Gottlieb concluded. “But this is New York City, where the good guys are treated like bad guys.”
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