Judge Rules New York Body Armor Ban Unconstitutional, Stays Pending Appeal

A federal judge in Buffalo has ruled that New York cannot restrict who gets to buy or sell body armor, finding the state's law violates the Second Amendment.

Snapshot

U.S. District Judge John L. Sinatra Jr. granted summary judgment to two New York residents and the Firearms Policy Coalition in Heeter v. James, ruling that body armor counts as a constitutionally protected "arm." The state's purchase and sale restrictions are permanently enjoined, though a 14-day stay pending appeal means the restrictions are still technically in effect for now.

Key points

• The ruling: Judge Sinatra's 47-page decision enjoins New York General Business Law Section 396-eee and Penal Law Sections 270.21 and 270.22 as applied to buying and selling body armor.
• The legal reasoning: The court held that armor falls within the historical meaning of "arms" and that New York failed to show a sufficiently similar historical tradition justifying a broad civilian purchase ban.
• What's unaffected: Penal Law Section 270.20, which bars wearing body armor while committing certain violent felonies with a firearm, rifle or shotgun, stays on the books untouched.
• The catch: Sinatra granted the state's request for a 14-day stay, so New York can still enforce the old restrictions while it decides whether to appeal.
• What's next: The case could go to the Second Circuit, which may extend the stay or revisit the analysis entirely.

Quick take

This is a solid win on the merits for armor buyers, but it's not a green light yet. New Yorkers who've been locked out of eligible-profession-only purchases should watch the appeal closely rather than assume the restrictions are gone.

Read the full story: concealednation.org