New York’s ban on body armor is now facing a direct constitutional challenge that goes right to the heart of the Second Amendment.
In Heeter v. James, an ongoing 2024 federal lawsuit in the U.S. District Court for the Western District of New York, plaintiffs Heeter and Firearms Policy Coalition are challenging New York’s body armor ban as a violation of the Second Amendment. Plaintiffs argue that the law has criminalized the purchase and acquisition of defensive gear that falls within the plain text of the right to “keep and bear Arms.”
As the motion puts it, “body armor is commonly owned for self-defense and other lawful purposes,” and New York’s law therefore cannot survive under District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen.
The filing opens by stating that New York’s law “prohibits the purchase, acquisition, or sale of any ‘protective body covering intended to protect against gunfire,’ by anyone who is not a member of several ‘eligible professions.’” In other words, ordinary law-abiding New Yorkers are barred from buying body armor unless the state has decided their job title is important enough. The plaintiffs say that violates the rights of citizens with “ordinary self-defense needs,” the same kind of language the Supreme Court used in Bruen when it rejected New York’s old carry regime.
Click the link to read the whole article: Heeter v. James Challenges NY Body Armor Ban
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