Gun rights groups are suing to block New York’s body armor ban from going into effect.
The Firearms Policy Coalition (FPC), a California-based nonprofit, filed a Second Amendment lawsuit on Monday in the U.S. District Court for the Western District of New York, arguing that the ban is unconstitutional and seeking a declaratory judgment that New Yorkers have a fundamental right to keep and bear arms, including bulletproof vests. The group also seeks a permanent injunction to stop enforcement of the ban.
The law, which restricts the sale of vests defined as “bulletproof soft body armor,” was rushed through the state Legislature in the wake of the Buffalo supermarket shooting in May 2022 that left 10 people dead. The shooter, Peyton Gendron, pleaded guilty last year to all state charges, including murder, domestic terrorism and hate crimes, and was sentenced to 11 consecutive life sentences. All 10 victims were black.
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A teacher puts on a bulletproof vest during live-fire training in Thistle, Utah, on October 5, 2019. (George Frey/Bloomberg via Getty Images)
New York’s ban is intended to prevent criminals from gaining the upper hand over police officers and security guards like Aaron Salter, who was killed while trying to stop a riot at a Gendron supermarket.
During the killings, Gendron wore a steel vest, armor strong enough to stop a handgun bullet fired by Salter, who tried to stop the shooting.
New York state law prohibits the purchase or possession of bulletproof vests unless they are used in a qualifying occupation, such as law enforcement or the military.
Additionally, the law states that it is prohibited to “sell, exchange, transfer, or dispose of a bulletproof vest to an individual who is not engaged in or employed in a qualifying occupation.”
The violation is a Class A misdemeanor for a first offense and a Class E felony for a second or subsequent offense.
FPC President Brandon Combs slammed New York state’s law while announcing the lawsuit.
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The Buffalo shooter, Peyton Gendron, remains facing federal charges in connection to the attack. (Erie County District Attorney’s Office/Scott Olson/Getty Images)
“New York’s bulletproof vest ban shows how the state’s descent into authoritarianism has descended into absurdity, criminalizing the purchase and use of simple personal protective equipment,” Combs said in a statement. “New York’s law has gone so far that it would surprise no one if Governor Hockal and his cohorts were to ban safety glasses next. We look forward to the FPC striking down this unconstitutional law and teaching New York another lesson in constitutionally protected rights.”
The FPC said Americans have a deep-rooted tradition of owning and wearing armor whenever its utility outweighed the burden of wearing it. This tradition, combined with the lack of historical restrictions, “demonstrates an unshakeable right to own and wear bulletproof vests for self-defense,” the group said.
The lawsuit is titled Heater v. James. It names as defendants Attorney General Letitia James, New York State Police Commissioner Stephen James, and Erie County Deputy District Attorney Michael Keene. FPC is joined by fellow FPC member Benjamin Heater.
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Under New York state law, it is illegal to purchase a bulletproof vest.
New York already has strict gun control laws, and the state sought further restrictions on gun owners after the Supreme Court ruled the state’s previous concealed carry permit requirement unconstitutional in 2022. In response, New York passed the Concealed Carry Improvement Act (CCIA), but parts of it were repealed last year.
But some of the more controversial parts of the law remain, such as the requirement that applicants demonstrate good moral character and state they have family or relatives on their permit applications. New York is also allowed to ban concealed carry in so-called “sensitive locations,” which include theaters, bars, public parks and other places.
In New York, it is legal to use pepper spray for self-defense, but it is illegal to purchase pepper spray.
Fox News’ Chris Pandolfo contributed to this report.
