Federal judge strikes down New York's ban on civilian body armor sales; ruling paused 14 days

As of 7:58 a.m. ET, Friday, Oct. 23, 2026

A federal judge has ruled that New York's restriction on the sale and purchase of body armor to residents who are not in an eligible profession violates the Second Amendment, and has blocked its enforcement, while pausing the ruling for 14 days so the state can appeal.

U.S. District Judge John L. Sinatra Jr. of the Western District of New York granted summary judgment to the plaintiffs, Benjamin Heeter, Joseph Wurtenberg and Firearms Policy Coalition, in a decision filed Wednesday, Oct. 21. "Indeed, body armor is an 'Arm' protected by the plain text of the Second Amendment," Sinatra wrote.

"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," the judge wrote.

The order bars the defendants, including New York Attorney General Letitia James and State Police Superintendent Steven G. James, from enforcing the state's restriction on the sale and purchase of body armor. The judge granted the state's request for a 14-day stay pending appeal, noting that the ban was enacted in 2022 and that no plaintiff had sought a preliminary injunction.

Firearms Policy Coalition, a gun-rights group that brought the case, said New York's law made it a crime for residents outside approved professions to buy body armor. "We said from the beginning that this immoral ban was absurd and unconstitutional," FPC President Brandon Combs said in a statement.

What is not known

The decision does not say whether the state will appeal. The stay lasts 14 days.