(The Center Square) — New York’s restrictions on personal protective body armor are unconstitutional, according to a new lawsuit filed by a gun rights group, which asks a judge to overturn the law.
The lawsuit, filed in U.S. District Court in Buffalo by the Firearms Policy Coalition, alleges that the restrictions on civilian use of body armor violates the Second Amendment rights of several defendants, whom the group is representing in the latest legal challenge to New York’s strict firearm laws.
Lawyers for the plaintiffs are seeking a declaratory judgment that they have a “fundamental, constitutionally protected right to keep and bear arms, including body armor,” and that New York’s ban is unconstitutional. They are also seeking a permanent injunction to block the enforcement of the ban.
“New York’s Body Armor Ban not only makes it illegal for non-eligible persons (i.e. most New York State residents) to possess body armor, but also eliminates the market for body armor in New York by prohibiting both the purchase and sale of this purely defensive arm,” plaintiffs wrote in the 18-page complaint.
“The right to keep and bear arms includes, but is not limited to, the right of individuals to acquire and possess common arms for all lawful purposes, including self-defense,” they wrote.
New York lawmakers approved the body armor ban as part of a package of gun control measures pushed through the Democratic-controlled Legislature following a landmark U.S. Supreme Court decision last year that overturned the state’s open carry restrictions.
The body armor restrictions cover “any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment.” It also prohibits the sale “exchange, give or dispose of body armor … to an individual … not engaged or employed in an eligible profession.”
However, the FPC says research suggests a “deeply rooted tradition of keeping and wearing armor in America” and argues that the lack of “historical restrictions” speaks to a right to possess and wear body armor for self-defense.
Brandon Combs, the group’s president, says the New York law smacks of “authoritarianism” by making it “a crime to buy and use simple personal protective equipment.”
“New York’s laws have gone so far off the deep end that it would surprise exactly no one if Governor Hochul and her goons banned safety glasses next,” he said in a statement. “FPC looks forward to eliminating this unconstitutional law and teaching New York another lesson about constitutionally protected rights.”
Overall, New York state has some of the toughest restrictions on firearms in the nation, which makes it a frequent target for lawsuits filed by Second Amendment groups who argue the restrictions are unnecessary and deprive lawful gun owners of their constitutional rights.
A law signed by Gov. Kathy Hochul in July 2022 seeking to close “loopholes” in private gun sales tightened firearm licensing and sales rules to make it harder to purchase a gun. It also defined private properties as “restricted” areas where carrying a gun is illegal.
