Retiree That Legally Defended Himself Sentenced to Prison in New York

[IdeomotorPrisoner]

New York politicians and DA's have a track record of believing in "negative rights".

Retired 67-year old goes to prison after legally defending himself

That's right, after what was a clear case of self-defense, with a legal handgun against a career violent criminal, the New York DA's office indicted, tried, secured a conviction and sent a retiree to prison for 4 years.

The fearmongering and emotional pleading of the corrupt DA and complicit media is nauseating.

DA Press Release

Since the POS DA couldn't charge Charles Foehner in the self defense shooting of career criminal Cody Gonzalez, they managed to secure a search warrant for Foehner's private residence. Once there, it was discovered that Ol' Charley had the audacity to have a collection of firearms that he hadn't gone thru the trouble and expense to register and license, in violation of New Yorks unconstitutional anti-2A gun control laws.

Gee, not too much 2nd Amendment spin on this one..

They searched his home for using an unlicensed handgun defending himself.

He should have used one of the 5 he registered with the NYPD, as as opposed to one of the 26 he didn't...

He could have removed the military features and registered his assault weapons 12 years ago by the NY deadline.  He didn't do that either.

I guess its not a country of just laws and state's rights, if they are NY gun laws that require his AR-15 be made less fun?

So here's one thing he was in violation of...
 

Key Compliance Requirements for NY-Legal M4/M16 Variants:

• Fixed Magazine: The magazine must be permanently attached, often requiring tools to open the action for loading/unloading (e.g., using Cross Armory or MEAN Arms MA Lock kits).

• Featureless: If a detachable magazine is used, the rifle must not have:
• Pistol grips (or second handgrip).
• Thumbhole stocks.
• Adjustable/telescoping stocks.
• Flash suppressors or threaded barrels.
• Bayonet mounts

• Capacity: Magazines are limited to a maximum of 10 rounds.

• Licensing: As of September 2022, a license is required to purchase new semi-automatic rifles, and you must be 21+. 

CA and CT also have one-feature 10 round limits.
NJ and MA allows two features and 10 rounds.
WA and IL have total bans.
MD has a long assault rifle ban that was declined by SCOTUS to be heard last July.

Is it constitutional?

There's challenges in the 2nd, 3rd, 7th, and 9th circuit courts...

But until the Supreme Court rules these laws in violation of the 2nd, everyone is stuck with evil unamerican 10 round assault rifles, without features, that must be registered. 

And Kavenaugh recently punted on it until next term... 

Until then, it will be praise the lord and pass the state regulated ammunition in at least a few.

[Moon68]

Gee, not too much 2nd Amendment spin on this one..

They searched his home for using an unlicensed handgun defending himself.

He should have used one of the 5 he registered with the NYPD, as as opposed to one of the 26 he didn't...

He could have removed the military features and registered his assault weapons 12 years ago by the NY deadline.  He didn't do that either.

I guess its not a country of just laws and state's rights, if they are NY gun laws that require his AR-15 be made less fun?

So here's one thing he was in violation of...
 

CA and CT also have one-feature 10 round limits.
NJ and MA allows two features and 10 rounds.
WA and IL have total bans.
MD has a long assault rifle ban that was declined by SCOTUS to be heard last July.

Is it constitutional?

There's challenges in the 2nd, 3rd, 7th, and 9th circuit courts...

But until the Supreme Court rules these laws in violation of the 2nd, everyone is stuck with evil unamerican 10 round assault rifles, without features, that must be registered. 

And Kavenaugh recently punted on it until next term... 

Until then, it will be praise the lord and pass the state regulated ammunition in at least a few.

That's really the rub though isn't it?

Ordinances being passed under the guise of laws by idiots that have no clue about firearms or their functions.

[PorkChop96]

That's really the rub though isn't it?

Ordinances being passed under the guise of laws by idiots that have no clue about firearms or their functions.

DOT - Ran by those that are actual experts in the field

FAA - Ran by experts in the field 

WHO/CDC - Ran, largely, by those that are experts in the field

ATF - ran by gun hating retards that can't disassemble the most basic and widely used handgun in the world. ( I realize this specific example is not under the ATF, but the same sentiment applies)

[IdeomotorPrisoner]

That's really the rub though isn't it?

Ordinances being passed under the guise of laws by idiots that have no clue about firearms or their functions.

Easy perspective to see.  But...

How many mass shooting weapons were "purchased legally" recently? 

I think thats what people see. And focus on. And get wound up by. 

Its like illegal immigrants + crime for the left. 

Selective examples to create an illusion of widespread  proliferation of assault rifles to unstable individuals that needs to be legally regulated and cracked down on.. 

And just like with illegal immigrants and crime, It is an exception rather than a rule.

I think feature and clip limits are a way to compromise and admit they really cant get rid of them entirely. 

Because then you'd have small game hunters testifying how good their AR kills them varmints for stew... And it's the principle of not having more than 10 rounds per clip to shoot 'em real good..

[Knows]

I thought you were all for enforcement of the law?

The right to bare arms shall not be infringed. The New York laws are illegal. New York needs to be cleaned out of corrupt judges and lawmakers.      

[Vermilion]

Easy perspective to see.  But...

How many mass shooting weapons were "purchased legally" recently? 

I think thats what people see. And focus on. And get wound up by. 

Its like illegal immigrants + crime for the left. 

Selective examples to create an illusion of widespread  proliferation of assault rifles to unstable individuals that needs to be legally regulated and cracked down on.. 

And just like with illegal immigrants and crime, It is an exception rather than a rule.

I think feature and clip limits are a way to compromise and admit they really cant get rid of them entirely. 

Because then you'd have small game hunters testifying how good their AR kills them varmints for stew... And it's the principle of not having more than 10 rounds per clip to shoot 'em real good..

No compromise.

Shall NOT

[chr0naut]

New York politicians and DA's have a track record of believing in "negative rights".

Retired 67-year old goes to prison after legally defending himself

That's right, after what was a clear case of self-defense, with a legal handgun against a career violent criminal, the New York DA's office indicted, tried, secured a conviction and sent a retiree to prison for 4 years.

The fearmongering and emotional pleading of the corrupt DA and complicit media is nauseating.

DA Press Release

Since the POS DA couldn't charge Charles Foehner in the self defense shooting of career criminal Cody Gonzalez, they managed to secure a search warrant for Foehner's private residence. Once there, it was discovered that Ol' Charley had the audacity to have a collection of firearms that he hadn't gone thru the trouble and expense to register and license, in violation of New Yorks unconstitutional anti-2A gun control laws.

Seems to me he had a small armoury of unregistered weapons, and that was what he was convicted of.

You can't claim that he has so many weapons for the purpose of self defense? One or two, possibly, but 26 of 'em?

He can't use that many at once,

Sounds like he was armed up ready for acts of domestic terrorist sedition, or was an arms dealer, or both.

[chr0naut]

Just curious.

How did a legal matter of self-defense in a public place warrant a search of the victims private residence?

Hardly surprising? Of course not. I would bet every dollar to my name he was threatened with 10+ years per count, and I'm sure as shit the DA threatened a minimum of 24 counts, if he didn't plea guilty.

Law enforcement in the USA are allowed to totally lie to get a conviction.

In other countries, that would be a reason to throw out the case, because law enforcement oversease is supposed to uphold and to fully comply with the law. Not commit fraud. They have to be squeaky clean in doing their job.

[chr0naut]

So then you apparently think this elderly man, whom had never had a run in with the law, should have just let himself be robbed and assaulted instead of defending himself.

I started this thread in an attempt to provoke thoughtful discussion on the meaning of self defense, overburdensome New York gun regulations and how some cities will let a career criminal off the hook repeatedly while seemingly going way outside of the scope of an investigation to send an otherwise everyman to prison.

Your attempt at a moral equivalence between these two incidents is vapid and obtuse. Relish your delusions of adequacy.

How much money was he likely to loose in the robbery? You can always earn more money.

Was it the equivalent value of an irreplaceable thing like human life?

[BeyondKnowledge]

How much money was he likely to loose in the robbery? You can always earn more money.

Was it the equivalent value of an irreplaceable thing like human life?

Yet it was the one that lost their life that decided how much they were willing to risk for money. They were willing to risk their life for that money and lost. The shooter had no say in that decision.