A 67-year-old resident of Queens, Charles Foehner, is set to spend four years behind bars, a case that has sparked a heated discussion about the strict gun laws in New York City. Foehner was cleared of any criminal charges for fatally shooting a mugger in self-defense, yet he was charged for possessing an unlicensed handgun during the incident.
The drama unfolded two years ago during a confrontation with Cody Gonzalez, a man already notorious for his mental health issues and a criminal record that included more than 15 arrests. Reports say Gonzalez approached Foehner, demanding money and cigarettes. When Gonzalez lunged at him, waving an object—initially thought to be a knife but later found to be just a pen—Foehner shot in self-defense.
While the authorities chose not to charge Foehner for Gonzalez’s death, a search revealed multiple unregistered firearms in his home. According to New York law, owning these guns, including the one used in the altercation, is a felony.
Gun rights activists are outraged by the sentence. The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) pointedly criticized the situation. Their Chairman, Alan Gottlieb, referred to the laws as “draconian,” aligning with attorney Thomas Kenniff’s views.
Gottlieb expressed disappointment, stating that Foehner, who acted defensively against a criminal, was unjustly penalized under these regulations. “In most parts of the country, Mr. Foehner would be celebrated for protecting himself; instead, he’s headed to prison for four years right here in New York,” he lamented.
The advocacy group argues that the justice system in New York is upside down. It prioritizes minor offenses by citizens faithfully adhering to laws while letting repeat offenders escape significant consequences. Gottlieb drew attention to similar cases, making comparisons with the prosecution challenges faced by others in comparable situations.
“The prosecutors in Queens should be embarrassed for leveraging New York’s unjust gun laws against someone defending themselves from a criminal. Here, it seems more critical to let known offenders walk freely while good citizens get stuck in jail instead,” Gottlieb added.
Looking ahead, Foehner’s next court date is January 14. Calls for his sentence to be reduced are strong, but optimism is low considering the city’s strict policies around firearms.
“If there was real justice at play, there would at least be a push for a sentence reduction for Mr. Foehner, but we’re talking about a place where the innocent are often treated worse than the guilty,” Gottlieb concluded.
