Body Armor Ban Lawsuit: Gun-Rights Group Challenges New York State's Restriction
- July 3, 2024 03:04am
- 235
Following the Buffalo supermarket shooting, New York State enacted a ban on body armor, which is now facing a legal challenge by a gun-rights group. The Firearms Policy Coalition argues that the ban infringes on the Second Amendment right to keep and bear arms and seeks to halt its enforcement.
The Firearms Policy Coalition (FPC), a California-based non-profit organization, has filed a lawsuit in the Western District of New York to challenge the state's body armor ban. The group argues that the law is unconstitutional and represents an infringement on the Second Amendment right to keep and bear arms.
Body Armor Ban Lawsuit: Gun-Rights Group Challenges New York State's Restriction
The ban was swiftly passed after the Buffalo supermarket shooting in May 2022, which claimed the lives of 10 individuals. Shooter Payton Gendron, who was notably wearing a steel-plated vest, was sentenced to 11 consecutive life sentences for murder, domestic terrorism, and hate crimes.
According to the FPC, Americans have a deeply rooted tradition of keeping and wearing armor for self-defense. However, New York's ban prohibits the purchase or possession of body armor by civilians, with exceptions for law enforcement and military personnel.
Body Armor Ban Lawsuit: Gun-Rights Group Challenges New York State's Restriction
The lawsuit argues that the ban lacks a historical basis and that it serves no legitimate purpose. The FPC contends that the right to possess and wear body armor is protected by the Second Amendment and should not be infringed upon.
The case is captioned as Heeter v. James, with Attorney General Letitia James, State Police Superintendent Steven James, and Erie County Acting District Attorney Michael Keane named as defendants. The FPC is joined by FPC member Benjamin Heeter in the lawsuit.
Body Armor Ban Lawsuit: Gun-Rights Group Challenges New York State's Restriction
New York's body armor ban is part of the state's broader gun control measures. The state has some of the strictest gun laws in the country, including a ban on assault weapons and a 10-round capacity limit on magazines.
In recent years, New York has sought to further tighten its gun regulations following Supreme Court rulings that have struck down certain restrictions. The state's "Concealed Carry Improvement Act" (CCIA) was partially struck down last year, but other provisions remain intact, including a requirement for applicants to demonstrate good moral character and disclose household members on permit applications.
Body Armor Ban Lawsuit: Gun-Rights Group Challenges New York State's Restriction
The FPC's lawsuit against the body armor ban is likely to face significant opposition from the state. New York has a history of defending its gun control laws, arguing that they are necessary to reduce gun violence.
The outcome of the lawsuit will have implications for gun rights advocacy across the country. If the FPC succeeds in overturning the body armor ban, it could embolden other legal challenges to gun control measures. Conversely, a victory for New York would solidify the state's status as a stronghold for gun control.
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