A federal court in New York State ruled Wednesday, Oct. 21, that laws barring most citizens from buying bulletproof vests and other ballistic protection violate the Second Amendment to the U.S. Constitution. The decision was issued by Judge John L. Sinatra Jr. of the U.S. District Court for the Western District of New York. In a 47-page opinion, he wrote that the constitutional right to keep and bear arms also covers equipment used for protection against bullets. Enforcement of the ruling was stayed for two weeks to give the other side a chance to appeal.
Sinatra pointed to the historical meaning of the English word “arms,” which at the time the U.S. Constitution was adopted referred to both offensive weapons and defensive equipment. He also cited earlier U.S. Supreme Court rulings, including District of Columbia v. Heller in 2008 and New York State Rifle & Pistol Association v. Bruen in 2022. Under the interpretation adopted in those cases, restrictions on arms must be justified by a historical tradition of American firearms regulation. In Sinatra’s view, New York authorities failed to show that such a broad ban on purchasing protective equipment meets that standard.
The case was brought in 2024 by the Firearms Policy Coalition and two of its members, Benjamin Heeter and Joseph Wurtenberg. The plaintiffs argued that they wanted to legally buy body armor for self-defense but were prevented from doing so by state law.
The ban, introduced in 2022, included exceptions for police officers, soldiers and people in certain professions. A first violation was treated as a Class A misdemeanor, while subsequent violations could result in a Class E felony charge.
Gov. Kathy Hochul signed the law as part of a package of tougher gun measures following the mass shooting at the Tops Friendly Markets supermarket in Buffalo in May 2022. The gunman, Peyton Gendron, killed ten people. During the attack he wore body armor, which protected him from a bullet fired by a security guard. State officials justified the new law by citing the need to improve public safety. The court found, however, that the state had not presented sufficient constitutional grounds for restricting the general public’s purchases of such equipment.
The office of New York Attorney General Letitia James said it is reviewing the ruling. The court suspended enforcement of the order for 14 days, giving the state time to file an appeal.
Ed. JŁ
