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NYC: Victim Convicted in Self-Defense Case; CCRKBA Rips Gun Laws

November 21, 2025 By Dave Workman

A New York City man will go to prison because he shot a would-be robber with an unregistered handgun.

By Dave Workman

Where else but in New York City, with its restrictive gun control laws, would the victim who defended himself in an armed robbery attempt be convicted and sent to prison?

The New York Post is reporting the plight of 67-year-old Charles Foehner who, two years ago, fatally shot a repeat offender with multiple arrests on his record and a reported history of mental problems. According to the Post, Foehner was not prosecuted for shooting would-be thief Cody Gonzalez. Instead, prosecutors slapped Foehner with multiple gun law violations. Foehner’s defense attorney “ripped the city’s ‘draconian’ gun laws,” the newspaper said.

The Citizens Committee for the Right to Keep and Bear Arms shared attorney Thomas Kenniff’s disgust.

“We agree wholeheartedly with attorney Thomas Kenniff’s assessment of New York’s gun laws,” said CCRKBA Chairman Alan Gottlieb in a statement Friday. “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. 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 who had at least 15 arrests in his background, along with a record of mental illness.

“Apparently in New York,” Gottlieb continued, “it’s more important to allow dangerous repeat offenders to roam the streets, while putting good people behind bars.”

Published reports say Foehner had several unregistered firearms in his residence, allowing prosecutors to file multiple charges against him. Gonzales reportedly lunged at Foehner with what appeared to be a knife, but turned out to be a pen.

“If there is true justice in the world,” Gottlieb said, “Mr. Foehner’s sentence would be commuted, at the very least, when he appears in court on Jan. 14. But this is New York City, where the good guys are the bad guys, and the real bad guys—who truly belong behind bars—are continually recycled back to the streets.”

According to the Post, attorney Kenniff said Foehner is a “hero” whom the gun laws put into an “impossible position.”

The Post quoted Kenniff, who reportedly defended Daniel Penny in his plight, stating, “If this was a state and a city that had its affairs in order, Mr. Foehner would be getting a plaque, not a prison sentence.”

Workman is editor-in-chief of TheGunMag.com

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Filed Under: Article of the Day, Headlines, Legal, News, Opinion, Politics

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

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