Federal Judge Rules Body Armor Is a Protected Second Amendment Arm

A federal judge in Buffalo just ruled that New York cannot treat body armor like contraband, finding the state's purchase and sale restrictions unconstitutional under the Second Amendment.

Snapshot

U.S. District Judge John L. Sinatra Jr. sided with two New York residents and the Firearms Policy Coalition in Heeter v. James, ruling that body armor counts as an "arm" under the Constitution. The state's limits on who can buy and sell protective armor are now permanently enjoined, though a short stay keeps the old rules in place for now while New York decides whether to appeal.

Key points

• The ruling: Judge Sinatra's 47-page decision, filed October 21, permanently blocks enforcement of New York General Business Law 396-eee and Penal Law 270.21 and 270.22 as they apply to buying and selling body armor.
• The plaintiffs: Benjamin Heeter and Joseph Wurtenberg said they wanted armor for lawful self-protection but held off because New York limits purchases to people in approved professions, with criminal and civil penalties for everyone else.
• The reasoning: Sinatra rejected New York's argument that armor isn't a constitutional "arm" and found the state couldn't point to a historical tradition that matches a broad civilian purchase ban.
• What's untouched: Penal Law 270.20, which bans wearing body armor while committing certain violent felonies with a gun, stays in effect regardless of this ruling.
• The catch: The court granted New York a 14-day stay pending appeal, so the old restrictions can still be enforced until that window closes or an appeals court weighs in.

Quick take

This is a real win for the argument that defensive gear falls under the same constitutional protection as firearms themselves, but it's not the finish line. A district court ruling with a pending stay means New York still has room to fight this at the Second Circuit, and residents shouldn't assume the purchase restrictions are gone just because a judge said so.

Read the full story: concealednation.org