Federal judge rules NY's ban on buying body armor unconstitutional
Both the plaintiff and state had filed for summary judgment in their favor, with the judge granting the plaintiff's motion. Sinatra stayed his own order for 14 days to give the state time to appeal.
A federal judge on Wednesday struck down New York's ban on the purchase of body armor for self-defense unless the buyer works in an eligible field.
"[B]ody armor is an "Arm" protected by the plain text of the Second Amendment. As such, regulation in this area is permissible only if the State demonstrates that the new enactment is consistent with the Nation's historical tradition of sufficiently analogous regulations. New York fails that test," wrote District Judge John Sinatra Jr.
Both the plaintiff and state had filed for summary judgment in their favor, with the judge granting the plaintiff's motion. Sinatra stayed his own order for 14 days to give the state time to appeal.
In making his decision, Sinatra cited the Supreme Court's 2022 precedent from New York State Rifle & Pistol Association v. Bruen, which imposed a standard that the government must demonstrate that any form of gun control is consistent with the nation's history of limiting access to arms.
Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.