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AllSmiles, consider it this way:
Many states allow you to have the a legal handgun if there is no reason NOT to let you have it, e.g. you are not a criminal, mental incompetent, domestic violence perpetrator, etc. In my adopted home state of Pennsylvania, you may keep a handgun in your home with no permit whatsoever. A permit is required only to carry a handgun.

As a former NYS resident, I held a CCW permit. This permit was necessary even to own a handgun. I had to show a need to have the weapon. The whole process was a hassle, and it was only valid in NYS but not NYC. Yet, NYC permits were good throughout the state. I considered this unequal treatment under the law and never entered NYC for the 30 years I was a NYS resident.

It is VIRTUALLY IMPOSSIBLE to obtain a legal handgun permit in NYC, unless you are very well connected or have the $$$ to get an attorney. Obviously, the burglary victim had a need to own a handgun, as the invasion of his home by a hardened criminal illustrates. He was simply unable to illustrate this need, to the satisfaction of the ridiculously high standards of the law in NYC. Look for a jury to throw this one out.

The DA can decide not to prosecute, figuring he won't get a conviction. They are trying to do a Bernie Goetz on this guy and I hope he fights it and wins. Contrary to your law and order drum beat, the DA has discretion and not all people are prosecuted to the fullest extent of the law. Ted Kennedy is proof of that.