Judge Rules Body Armor Protected Under Second Amendment in NY

A federal judge in Buffalo has struck down New York's restrictions on purchasing and selling body armor, ruling the state 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, finding that body armor counts as an "arm" under the Second Amendment and that New York failed to show a comparable historical tradition justifying its purchase restrictions. The injunction is permanent, but a 14-day stay means enforcement can continue while the state weighs an appeal.

Key points

• What's enjoined: New York General Business Law Section 396-eee and Penal Law Sections 270.21 and 270.22, which restrict who can buy or sell body armor.
• Legal reasoning: Sinatra applied the text-and-history test, holding that body armor falls within the ordinary meaning of "arms" and rejecting the state's historical analogues as insufficient.
• Who brought the case: Plaintiffs Benjamin Heeter and Joseph Wurtenberg, backed by the Firearms Policy Coalition, argued they wanted body armor for lawful protection but held off due to criminal and civil penalties.
• Not affected: Penal Law Section 270.20, which separately bans wearing body armor while committing certain violent felonies with a firearm, stays in place.
• What's next: The 14-day stay gives New York time to seek appellate relief, so the restrictions technically remain enforceable until that stay lapses or the Second Circuit rules.

Quick take

This ruling extends Second Amendment protection beyond firearms themselves into protective gear, a notable expansion gun-rights advocates will be watching closely. But the practical impact is on hold. Anyone in New York considering a body armor purchase should track the appeal rather than assume the restrictions are already gone.

Read the full story: concealednation.org