New York body armor ban struck down by federal judge

A federal judge has ruled that New York’s ban on civilian possession of body armor for self-defense is unconstitutional. U.S. District Judge John L. Sinatra, Jr. determined that body armor constitutes an ‘Arm’ protected by the plain text of the Second Amendment.

The ruling follows a July 2024 lawsuit filed by the Firearms Policy Coalition on behalf of three New York residents against Attorney General Letitia James. The state had previously prohibited civilians from owning body armor, such as Kevlar vests, unless they belonged to specific authorized professions. This ban was enacted following a 2022 mass shooting in Buffalo.

In his 47-page opinion, Judge Sinatra cited the Supreme Court’s 2022 Bruen precedent, noting that the state failed to demonstrate that the ban was consistent with the nation’s historical tradition of regulating arms. The judge also noted that body armor is in common use, citing market reports that estimated sales of over 82,000 units in 2023 and increasing numbers in subsequent years. Additionally, the judge pointed out that the other 49 states allow civilians to purchase body armor.

Judge Sinatra has stayed his own order for 14 days to allow the state time to appeal the decision.