The intersection of self-defense rights and firearm regulations in New York continues to generate complex legal challenges, as demonstrated by the recent case of Charles Foehner. A 67-year-old Queens resident, Foehner pleaded guilty to criminal weapons possession after fatally shooting a would-be robber in June 2023. While prosecutors acknowledged the shooting itself as lawful self-defense, Foehner was sentenced to four years in prison for possessing an unlicensed firearm.
This case offers important lessons about the interplay between justifiable use of force and strict firearm licensing requirements in New York, themes that also emerged in the landmark defense of Daniel Penny by Raiser, Kenniff & Lonstein.
The Foehner Incident: Self-Defense Meets Firearm Law
In the early morning hours near his Kew Gardens home, Foehner was confronted by Cody Gonzalez, who demanded money and cigarettes while appearing to brandish a weapon. Security footage captured the encounter, which prosecutors determined constituted a legitimate case of self-defense. Gonzalez had an extensive criminal history with 15 prior arrests dating back to 2004.
The Queens District Attorney's Office declined to prosecute Foehner for the shooting itself. However, when investigators executed a search warrant on Foehner's residence, they discovered more than two dozen additional firearms, leading to 26 counts of criminal possession of a weapon. After more than two years of litigation, Foehner accepted a plea agreement on a single weapons possession charge.
The Legal Framework: When Self-Defense Is Valid But Possession Is Not
New York's Self-Defense Standards
Under New York Penal Law § 35.15, individuals may use physical force when they reasonably believe it necessary to defend themselves or others from the imminent use of unlawful physical force. The law recognizes that citizens facing genuine threats have the right to protect themselves, subject to certain limitations.
These include:
The person must reasonably believe force is necessary
The person generally cannot be the initial aggressor
The use of deadly physical force requires a reasonable belief that deadly force is being used against them or that certain serious felonies (such as robbery or kidnapping) are being committed
When properly raised, self-defense becomes an affirmative defense that the prosecution must disprove beyond a reasonable doubt.
New York's Firearm Licensing Requirements
New York maintains some of the nation's most comprehensive firearm regulations.
Under Penal Law Article 265 and related provisions:
Possession of a handgun requires a valid license
Criminal possession of a weapon in the second degree (carrying a loaded, unlicensed firearm) is classified as a violent felony
Licensing requirements apply regardless of where or how the firearm is used
Even lawful self-defense does not retroactively validate an unlicensed firearm
The Foehner case illustrates that these two legal frameworks operate independently. A shooting can be justified under self-defense law, while the possession of the firearm used remains criminally prosecutable.
Comparing Legal Themes: Foehner and Penny
The representation of Daniel Penny in 2023-2024 by Raiser, Kenniff & Lonstein and the Foehner case share instructive parallels regarding self-defense law, prosecutorial discretion, and public safety concerns in New York.
Shared Legal Considerations
Genuine Threat Perception - In each instance, the individuals faced what they reasonably perceived as imminent danger—Penny responded to threats on a confined subway car, while Foehner confronted an assailant with an apparent weapon outside his home.
Use of Force in Protection - Both men used force, believing it necessary to protect themselves or others from harm. The legal question in both cases centered on whether that belief was objectively reasonable under the circumstances.
Extensive Prosecution Review - Each case underwent thorough investigation and prosecutorial evaluation, with authorities ultimately recognizing the self-defense nature of the underlying encounters.
Public Safety Context - Both incidents occurred against a backdrop of heightened public concern about crime and personal safety in New York City, raising broader questions about when and how citizens may protect themselves.
Critical Distinctions
Charges Filed - Penny faced charges related to the use of force itself (manslaughter), while Foehner was never charged for the shooting but faced weapons possession charges based on the firearm used and others found in his home.
Legal Outcome - Penny was acquitted of all charges after trial, while Foehner accepted a plea agreement to resolve weapons charges separate from the self-defense shooting.
Regulatory Framework - The Penny case centered on interpreting self-defense law and reasonable force, while the Foehner matter highlighted the independent operation of firearm licensing requirements.
Implications for Self-Defense Cases in New York
The Reasonable Belief Standard
Self-defense claims require both subjective and objective reasonableness. Courts evaluate not only whether the person genuinely believed force was necessary, but whether that belief was objectively reasonable given the totality of circumstances.
This analysis considers the nature and immediacy of the threat, the proportionality of the response, whether retreat was safely possible (in most circumstances outside one's dwelling), and the defendant's knowledge of the aggressor's history or propensities.
Firearm Possession as a Separate Legal Issue
Even when force is justified, firearm possession violations remain independently prosecutable. Individuals who possess firearms without proper New York licensing, transport firearms through the state without appropriate permits, or fail to register firearms as required face potential criminal liability regardless of how the weapon was ultimately used. The critical lesson is that lawful self-defense does not cure unlawful possession—firearms must be legally possessed before any defensive use becomes necessary.
Prosecutorial Discretion and Public Policy
Both cases demonstrate how prosecutorial decisions reflect broader policy considerations, requiring prosecutors to balance recognition of legitimate self-defense against enforcement of public safety regulations, community expectations, and the practical administration of justice. The outcomes suggest that while New York recognizes self-defense rights, the state maintains strict enforcement of firearm regulations even when the underlying use of force is deemed justified.
The Importance of Legal Representation
Complex cases involving self-defense and firearms violations require experienced legal counsel who understands the technical requirements of both self-defense law and weapons regulations, how to effectively present justification defenses to prosecutors and juries, and the long-term consequences of convictions. Strategic representation can make the difference between conviction and acquittal, or between harsh sentences and favorable resolutions.
Looking Forward: Self-Defense Law in an Evolving Legal Landscape
As New York continues to address public safety concerns while regulating firearms, cases like Foehner's and Penny's will shape how courts and prosecutors approach the intersection of self-defense rights and weapons laws.
Key considerations moving forward include:
Legislative Developments - Changes to firearm licensing procedures and self-defense statutes may alter the legal landscape for future cases.
Judicial Interpretation - Court decisions interpreting the scope of self-defense and the application of weapons laws will provide guidance for similar cases.
Enforcement Priorities - Prosecutorial policies regarding when to charge weapons violations in self-defense contexts will influence case outcomes.
Public Dialogue - Ongoing discussion about crime, public safety, and individual rights will continue to inform legal and policy decisions.
Experienced Representation for Complex Criminal Defense Matters
At Raiser, Kenniff & Lonstein, our attorneys bring extensive experience handling cases at the intersection of self-defense law, firearms regulations, and complex criminal defense. As former prosecutors and seasoned defense counsel, we understand how to navigate these challenging legal issues and provide strategic, effective representation.
Our firm has successfully defended clients in high-profile cases and continues to monitor developments in the evolving area of self-defense law. Whether you face charges related to self-defense, weapons possession, or other serious criminal offenses, our team is prepared to provide knowledgeable and aggressive advocacy.
If you are facing criminal charges involving self-defense or firearms violations, contact Raiser, Kenniff & Lonstein at (888) 646-0025 or reach out online to schedule a confidential consultation with an experienced New York criminal defense attorney.