The truth that some states like New York ban the personal possession of physique armor principally tells me only one factor—they need to have the ability to kill you with out you having any safety to keep away from that. Such legal guidelines are absurd, making anybody who owns physique armor for any motive a prison.
Beneath present New York regulation, a “particular person is responsible of the illegal buy of physique armor when, not being engaged or employed in an eligible occupation, they knowingly buy or take possession of physique armor.” Additional, it isn’t permitted for anybody to “promote, alternate, give or get rid of physique armor … to a person … not engaged or employed in an eligible occupation.”
Violations are topic to a Class A misdemeanor for a primary offense and a Class E felony for any subsequent offense.
A brand new lawsuit filed yesterday by the Firearms Coverage Coalition (FPC) is difficult New York’s ban. FPC President Brandon Combs stated his group filed the case, Heeter v. James, due to the legal guidelines absurdity.
“New York’s physique armor ban reveals that the State’s dedication to authoritarianism has collapsed into absurdity, making it against the law to purchase and use easy private safety tools,” Combs stated in a launch asserting the lawsuit. “New York’s legal guidelines have gone up to now off the deep finish that it could shock precisely nobody if Gov. Hochul and her goons banned security glasses subsequent. FPC seems to be ahead to eliminating this unconstitutional regulation and instructing New York one other lesson about constitutionally protected rights.”
One merchandise highlighted within the lawsuit was the recognition and widespread use of physique armor.
“Physique armor is in frequent use in each state for lawful functions,” the criticism said. “Certainly, a latest evaluation of the physique armor market concluded that American civilians spent $41.9 million on physique armor in 2022, which is projected to extend to $69.2 million by 2034, because the supplies to make physique armor turn out to be increasingly light-weight, thereby growing the recognition of physique armor.”
The criticism additionally identified that in defending the ban the state may have a tough time residing as much as the second commonplace from the 2022 Supreme Courtroom determination in New York State Rifle & Pistol Membership v. Bruen.
“New York can’t meet its burden; there exists no American custom of depriving residents of the power to lawfully buy, promote, or take possession of purely defensive arms and armor,” the criticism states. “Certainly, there have been no restrictions regarding physique armor in any respect previous to 1900.”
Via the lawsuit, FPC is looking for a declaratory judgment that plaintiffs have a elementary, constitutionally protected proper to maintain and bear arms, together with physique armor, and that New York’s ban is unconstitutional. FPC additionally seeks a everlasting injunction to dam enforcement of the ban.
