Queens Doorman Case: Self-Defense or Prison?

In Kew Gardens, Queens, a 67-year-old retired doorman walked down a driveway at about 2 a.m. when a younger man approached and demanded money and cigarettes. Moments later, the older man drew a revolver and fired, killing his attacker. He told police he believed the man was lunging at him with a knife.

But the “knife” turned out to be a pen. And the revolver that likely saved his life was an unlicensed, illegal handgun. That single fact turned a seemingly clear New York self-defense shooting into a felony gun case that now sends the senior citizen to prison for four years.

The case of Charles Foehner, the Queens doorman who shot would-be robber Cody Gonzalez, has been covered by multiple outlets including
ABC7,
New York Post, and
ABC News.
The Queens District Attorney declined to charge him for homicide, recognizing the confrontation as self-defense. But the unlicensed firearm, and the arsenal of additional unregistered guns and high-capacity magazines found in his home, led to a plea deal on a serious weapons charge.

This is the brutal reality of New York gun laws and New York City gun laws: even if you genuinely fear for your life and act in self-defense, an illegal or unlicensed gun can turn you from victim into defendant. You can save your life with a shot and still lose your freedom to a prison sentence.

In this in-depth guide, we’ll break down what happened in the Queens doorman case, how NYC gun laws and New York concealed carry laws turned self-defense into a felony conviction, and what every law-abiding gun owner or future permit holder in New York needs to know so they don’t make the same life-destroying mistake.

The Queens Doorman Self-Defense Shooting: What Actually Happened

The late-night confrontation

According to charging documents and media reports, the confrontation took place outside Foehner’s Kew Gardens apartment building near Queens Boulevard and 82nd Avenue in the early hours of May 31, 2023.
As he walked toward a parking garage, 32-year-old Cody Gonzalez allegedly demanded money and cigarettes and then advanced on the older man.
Foehner later told police he believed Gonzalez was armed with a sharp object and about to attack him.
Surveillance footage described in
ABC7’s coverage
shows the doorman backing down the driveway as Gonzalez continues to move toward him, even after the revolver is drawn.

Foehner fired multiple shots from roughly eight feet away. Gonzalez was hit in the chest and died at the scene. The object in his hand, initially believed to be a knife, was later identified as a pen.

No murder charge—just weapons charges

Despite the death, prosecutors ultimately did not charge Foehner with homicide. The facts of the encounter point strongly toward a legitimate New York self-defense shooting: a senior citizen, a late-night robbery attempt, a rapidly advancing assailant, and a reasonable belief that he faced serious bodily harm.

But the investigation didn’t stop at the driveway. When police executed a search warrant on his apartment, they found far more than a single defensive handgun. According to
ABC News
and
ABC7,
detectives recovered:

• More than two dozen additional firearms: pistols, shotguns, rifles, “assault-style” rifles and an AK-47-type rifle
• Over 150 loaded high-capacity magazines
• Two body armor vests
• Only a small subset of firearms for which he had any license at all

That arsenal led to 26 counts of criminal possession of a weapon in Queens Criminal Court. Judge Jerry Iannece called out the fact that Foehner “was on the street with a loaded, unlicensed gun” and emphasized that there are “too many shootings in this city,” doubling the bail requested by the DA.

The plea deal and four-year prison sentence

Fast forward to November 2025: after more than two years of litigation, Foehner accepted a plea deal and pleaded guilty to a single count of criminal possession of a weapon in the second degree.
Reporting from the
New York Post
and other outlets explains that he was facing a potential sentence of up to 25 years if he went to trial and lost on multiple counts.

Instead, he agreed to a four-year prison term plus post-release supervision. His attorney called New York’s gun laws “draconian” and argued that in a sane system, Foehner would be receiving a plaque for defending himself—not a prison number.

However you feel politically, the legal takeaway is brutally simple: even when New York prosecutors accept that you acted in self-defense, an unlicensed gun can still send you to prison for years.

New York Gun Laws: Why an Unlicensed Gun Turns Self-Defense into a Felony

To understand why the Queens doorman case ended with a prison sentence, you have to understand the framework of New York gun laws and NYC gun laws on handgun possession.

The foundation: the Sullivan Act and modern NY gun control

New York’s strict handgun regime dates back to the early 20th century Sullivan Act, which made it illegal to possess a handgun without a license. Over time, that framework has been expanded and tightened, especially in New York City.
Under current law, criminal possession of a weapon in the second degree includes carrying a loaded firearm outside the home or place of business without a license, and it is a serious violent felony under New York’s Penal Law.

That means:

• You cannot simply purchase, inherit, or “find” a handgun and carry it for self-defense in public in New York City.
• You must apply for a New York pistol permit and, for carry, meet the stringent requirements of the post-Bruen New York Concealed Carry Improvement Act (CCIA).
• Carrying a loaded unlicensed handgun in public is a felony regardless of your intentions, your prior record, or whether you ever fire it.

As we’ve explored in detail in our article “Denied by ZIP Code: The Reality of NY’s Broken Gun Laws”, New York’s system often feels designed to frustrate ordinary citizens while criminals continue to ignore the law altogether.

Self-defense does NOT erase illegal possession

This is the part many people miss: self-defense in New York is an affirmative defense to the use of force, not to the underlying illegal possession of the weapon.

If the Queens DA believes you reasonably feared imminent serious bodily injury and were justified in pulling the trigger, they can decline to charge you for homicide—just as they did with Foehner. But that has nothing to do with whether you committed the separate crime of carrying a loaded, unlicensed gun in public.

The law treats those as two different questions:

1. Was the shooting justified under New York self-defense law?
2. Was the firearm possession itself legal under New York gun laws?

You can “win” question #1 and still “lose” question #2 in a way that costs you years of your life. That is exactly what happened in the Queens doorman case.

Crime, Fear, and Why People Take the Risk Anyway

Opponents of armed self-defense point to long-term declines in New York City homicides and shootings as proof that strict gun control works. It’s true that the city is safer than it was in the 1990s. But that doesn’t mean violent crime—or the fear of it—has disappeared.

For a 67-year-old man walking alone at 2 a.m. in Queens, seeing a younger man with a criminal record rushing toward him with what appears to be a knife can feel like a death sentence. That fear is exactly why many otherwise law-abiding New Yorkers make the terrible decision to keep an unregistered, unlicensed gun tucked away “just in case.”

You can see that same theme in our post
“Home Invasion Defense NY: Concealed Carry Saves Lives”,
where we break down real-world incidents in which armed citizens stop violent home invaders. The impulse to protect yourself and your family is natural, logical, and deeply human.

The problem is that New York’s legal system doesn’t care about your fear if your firearm isn’t legal. Prosecutors aren’t asking, “Were you scared?” They’re asking, “Was this firearm lawfully possessed under New York gun laws?”

How to Avoid the Queens Doorman Outcome: Get Legal, Get Trained, Get Smart

If you take nothing else away from the Queens doorman self-defense shooting, take this: you cannot afford to “wing it” with guns in New York. You either do it right, or you risk your life and your freedom at the same time.

1. Get the right New York concealed carry training

Under New York’s CCIA, applicants for a New York concealed carry permit must complete at least 16 hours of classroom training plus 2 hours of live-fire instruction with an approved provider.

At NY SAFE Inc., we offer a premium
New York 18-Hour Concealed Carry Class
that covers the full state-mandated curriculum, use-of-force law, safe storage, live-fire qualification, and real-world defensive scenarios. Our curriculum is based on the nationally recognized NRA CCW program, and classroom hours can also form the foundation for additional permits in states like MD, DC, MA, and UT.

Completing this training is not just about checking a box. It’s about understanding:

• When New York self-defense law allows you to draw and fire
• When you must not shoot, even if you are angry or afraid
• How to interact with police after a defensive incident
• How to ensure your firearm, magazines, and storage comply with New York gun laws

2. Apply for the permit—don’t carry “off the books”

We know: the process is long, frustrating, and often arbitrary. In our “Denied by ZIP Code” article, we talk about applicants effectively being punished due to their home address or county politics.

But cutting corners is worse. Carrying an unlicensed handgun in New York is not a minor risk. As Foehner’s case proves, you can be the “good guy with a gun,” act in legitimate self-defense, and still go to state prison for years because you never got legal.

If you want help mapping out your permit path—including New York, NYC, and multi-state options—contact us through NYSAFEInc.com or explore our guides like
“California CCW for Non-Residents: 2025 Guide”
to understand how different states handle licensing.

3. Know where you can & can’t carry under NY’s “sensitive locations” rules

Even with a valid New York concealed carry permit, you can’t carry everywhere. New York’s CCIA created an extensive list of “sensitive locations” where concealed carry is prohibited—think public transit, schools, many public spaces, and most private businesses that don’t explicitly opt in.

Violating sensitive-location rules can get your permit revoked and land you in serious legal trouble. Our students receive detailed briefings and written material on these rules in our classes, and we regularly update our content as the law changes.

4. Train for judgment, not just marksmanship

Too many people think of a handgun as a magic talisman: buy it, stick it in a drawer, and you’re “safer.” In reality, a gun you don’t understand and can’t legally justify is a liability, not an asset.

At NY SAFE Inc., we emphasize:

• De-escalation and avoidance
• Understanding the difference between a threat and an annoyance
• When to break contact and retreat
• How to survive the legal aftermath if you are forced to use your firearm

If Foehner’s gun had been licensed and legally carried, we’d likely be talking about him as a clean self-defense case. Instead, New York gun law turned him into a felon.

FAQ: New York Self-Defense and Unlicensed Guns

Does New York recognize self-defense if I use an unlicensed gun?

New York self-defense law may protect you from homicide charges if the shooting is justified, but it does not erase the crime of illegally possessing or carrying a firearm. In other words, you might not be prosecuted for murder, but you can still be convicted for carrying a loaded, unlicensed gun in public.

If I’m attacked with what looks like a weapon, can I shoot?

New York applies a “reasonable person” standard. If a reasonable person in your situation would believe they faced imminent death or serious bodily harm, self-defense may apply—even if the object later turns out to be harmless (like the pen in the Queens case). But again, that analysis assumes your firearm possession is legal.

What if I didn’t know my gun was unlicensed or illegal?

Ignorance of the law is not a defense. If you have a handgun in New York City and you do not have a valid, current permit for it, you are at serious risk. “My friend gave it to me,” “I bought it years ago,” or “I only carry it sometimes” won’t help you in court.

How do I legally carry a gun in New York?

To legally carry a handgun in New York, you must:

• Be eligible under state and federal law (no disqualifying convictions, etc.)
• Complete a state-approved 18-hour training course (16 hours classroom + 2 hours live-fire)
• Submit a thorough pistol permit application with supporting documents
• Undergo background checks and, in many jurisdictions, in-person interviews
• Receive a permit before you carry in public

Our NY SAFE Inc. 18-Hour Concealed Carry Class is designed specifically to meet those training requirements and prepare you for the real-world legal and practical aspects of carrying.

Can a permit in another state protect me in New York?

No. New York does not honor out-of-state handgun carry permits. A license from Florida, Utah, or California does not allow you to carry a handgun in New York. If you live or spend significant time in New York, you need to understand and comply with New York gun laws directly.

What should I do if I’m considering owning or carrying a handgun in New York?

Start by getting educated. Read through our articles on
home defense
and
permit politics,
then enroll in our
New York concealed carry training.
From there, we can help you understand your options, timelines, and next steps so you never have to choose between surviving an attack and keeping your freedom.

Final Thoughts: Don’t Let a “Just In Case” Gun Cost You Your Life and Freedom

The Queens doorman almost certainly believed he was about to be killed. He reacted the way many of us hope we would if attacked—a decisive defensive response that stopped the threat. For that, he will spend years behind bars, not for murder, but for New York gun law violations.

His case is not just a news story. It is a cautionary tale for anyone in New York who feels unsafe and is tempted to keep a “just in case” handgun that isn’t properly licensed, registered, and carried within the law.

If you value your life and your freedom, you must:

• Understand New York gun laws and New York City gun laws
• Complete state-approved New York concealed carry training
• Apply for and obtain the proper licenses before you carry
• Stay current on changing laws, sensitive locations, and storage rules

At NY SAFE Inc., our mission is to help you do exactly that. We don’t just teach you how to shoot; we teach you how to stay legal, safe, and responsible in one of the strictest gun-law environments in America.

If you’re ready to start your journey toward legal, responsible carry in New York, reserve your seat in our next
NY CCW 18-Hour Concealed Carry Class,
or contact us through NYSAFEInc.com to get your questions answered.