A senior citizen from New York has been sentenced to prison not for a self-defense shooting, but for possessing an extensive illegal weapons cache found in his apartment. The man, Charles Foehner, aged 67, has begun serving a four-year prison term after admitting to felony charges of criminal possession of a weapon.

Authorities uncovered a significant collection of unlicensed firearms, thousands of rounds of ammunition, and various assault weapons at his residence in Queens. This arsenal was in clear violation of New York’s stringent firearms regulations, according to prosecutors.

In addition to his prison sentence, Foehner will face five years of supervised release following his time behind bars.

It is important to note that the prison time is unrelated to the fatal shooting of 32-year-old Cody Gonzalez, who was killed during a predawn confrontation on May 31, 2023, in Kew Gardens, Queens.

The prison term is not for the shooting that left 32-year-old Cody Gonzalez dead on a driveway in Kew Gardens, Queens in the early hours of May 31, 2023.

According to investigators, Foehner had been returning to his apartment around 2am after buying cigarettes when Gonzalez confronted him near 82nd Avenue and Queens Boulevard. 

Gonzalez demanded a cigarette and Foehner’s phone, then lunged toward him with what Foehner believed was a knife – later found to have been a pen.

Armed with a revolver, Foehner fired, fatally striking Gonzalez. He was never charged over the shooting. 

Charles Foehner will serve four years in prison as part of a plea deal after gunning down a would-be mugger during a robbery gone wrong outside his Queens apartment

Foehner shot and killed Cody Gonzalez (pictured) when the alleged would-be mugger lunged at him with a sharp object demanding money and cigarettes on May 31, 2023

Investigators found 26 unlicensed and unregistered firearms during a court-authorized search of Foehner’s home following the shooting of Gonzalez

The entire incident was captured on building surveillance cameras. Foehner immediately called 911 and cooperated with police.

At the discretion of District Attorney Melinda Katz, prosecutors decided not to charge Foehner for the shooting itself, determining that no criminal liability would be pursued in Gonzalez’s death.

But then the investigation took a dramatic turn.

While executing a court-authorized search warrant at Foehner’s home, homicide detectives discovered what Katz repeatedly described as an ‘arsenal’.

Inside the residence they found 26 unlicensed and unregistered firearms, 13,074 rounds of ammunition, 152 large-capacity feeding devices 0 10 of them loaded – and two bulletproof vests.

Four of the firearms were classified as assault weapons. Nearly all of them were operational.

‘This stockpile was not a collection of your grandfather’s harmless, inoperable, antique weapons,’ Katz said in a statement. 

‘This was an arsenal of lethal firearms and assault weapons possessed in full violation of New York State law.’

Charles Foehner is seen next to his weeping wife at Queens Criminal Court before stepping into the courtroom on Wednesday

Foehner whipped out a firearm and fatally shot the suspected robber, identified as 32-year-old Cody Gonzalez, during a late-night confrontation in May 2023

Police determined Gonzalez was holding a pen, rather than a knife, during the encounter

Prosecutors declined to charge Foehner for the fatal shooting but pursued felony weapons charges tied to his apartment

The cache included four assault weapons, thousands of rounds of ammunition, and large-capacity magazines

Among the recovered weapons were Glock pistols, Smith & Wesson revolvers, Mossberg shotguns, Norinco rifles, and a semi-automatic assault rifle – a cache that prosecutors said posed a grave public safety risk.

Foehner was arrested the day after the shooting and later pleaded guilty on November 20 last year to criminal possession of a weapon in the second degree, a felony.

On Wednesday, Justice Cimino formally sentenced him to four years in prison. 

He was remanded to the Eric M. Taylor Center, where he will remain incarcerated before eventually serving the balance of his sentence in state custody.

Assistant District Attorney Samuel Pellegrino prosecuted the case under the supervision of the Queens District Attorney’s Career Criminals and Major Crimes Bureau.

Foehner, a retired doorman who relocated to Pennsylvania after the shooting, has acknowledged the gravity of what happened – even as he insists he acted defensively.

After obtaining a search warrant, investigators recovered more than two dozen firearms from Foehner’s apartment. Foehner (pictured in court last November) only had a license for 5 rifles

Foehner (left, pictured with his lawyer) was seen smoking a cigarette outside the courtroom last fall

‘He kept coming closer and clearly he was going to attack me,’ Foehner told the New York Post late last year. ‘I didn’t want to hurt anyone. He left me no choice.’

‘Whatever the circumstances are, a guy is dead because of me. Maybe I should have taken the beating, but who knows where the beating stops,’ he said, reflecting on the outcome.

Foehner described himself as a lifelong gun enthusiast and a ‘doomsday prepper,’ saying he collected firearms over decades. 

Authorities noted he held licenses for only a fraction of the weapons recovered.

Prosecutors emphasized that while Foehner was spared criminal charges for the fatal shooting, the illegal weapons stash found in his home could not be ignored.

 Foehner is seen alongside his lawyer before stepping into the courtroom before being jailes

At the discretion of District Attorney Melinda Katz, prosecutors decided not to charge Foehner for the shooting itself, determining no criminal liability would be pursued in Gonzalez’s death

‘While investigating a May 2023 shooting incident, we found Charles Foehner in possession of 26 unlicensed and unregistered weapons,’ Katz said. 

‘Four of the firearms were determined to be assault weapons and nearly all the illegal firearms were fully operational.’

It was that distinction between lawful self-defense and unlawful possession that  ultimately saw Foehner handed a custodial sentence.