New York law banning sale of bulletproof vests challenged

But on May 14, 2022, a bulletproof vest protected mass murderer Payton Gendron as he shot and killed 10 Black men and women at a Buffalo supermarket.

Weeks after the Tops Markets massacre, New York state passed a law banning the sale of bulletproof vests to most individuals, a law that is now under attack from gun rights advocates who call it unconstitutional.

A Lake View man and a Las Vegas-based gun rights organization have filed a federal lawsuit seeking to make it legal for private citizens here to purchase and own bulletproof vests and other body armor.

The Firearms Policy Coalition and one of its members, Benjamin Heeter of Lake View, say the state’s ban on bulletproof vests is unconstitutional.

The lawsuit claims the state law violates the rights of law-abiding citizens who wish to wear body armor to protect themselves from criminals.

The bulletproof vest is not a weapon but a means of defending someone against danger, the prosecution claims.

“New York’s body armor ban shows that the state’s commitment to authoritarianism has collapsed into absurdity, making the purchase and use of simple personal protective equipment a crime,” said Brandon Combs, president of the gun group that filed the lawsuit.

Gov. Kathy Hochul signed the law banning bulletproof vests in July 2022, weeks after Gendron, 18, wore a bulletproof vest he bought online while targeting and killing Black people inside the Jefferson Avenue market.

Buffalo police say store security guard Aaron Salter Jr. fired a shot that hit Gendron’s bulletproof vest. Gendron was unharmed and continued his attack, killing Salter and others.

“Wearing that bulletproof vest that day allowed Gendron to continue shooting people after Aaron Salter shot him,” recalled former Erie County District Attorney John J. Flynn, whose office convicted Gendron of murder.

“Gendron wore a bulletproof vest, a helmet and a camera to film all the violence. It was all part of the incredible preparation he had put in place for his crime.”

Speaking to the Buffalo News on Friday, Flynn said he understands the need to prevent criminals like Gendron from using body armor.

But he added that he also understands why some law-abiding citizens — such as a store clerk working in a high-crime neighborhood — might also want to wear a bulletproof vest.

“I have to say, of all the violent crimes I’ve prosecuted, Payton Gendron is the only criminal I can recall wearing a bulletproof vest during a shootout,” said Flynn, now a partner at a Buffalo law firm. “I’m sure it happens sometimes, but very rarely.”

Gendron is serving a life sentence in state prison after pleading guilty to murder and domestic terrorism last year. He still faces federal charges that could potentially carry the death penalty.

Speaking about the restrictions on wearing bulletproof vests, Combs said New York’s laws had “gone very far.”

In a statement released after the lawsuit was filed on July 1, Combs said his organization “hopes to eliminate this unconstitutional law and teach New York another lesson in constitutionally protected rights.”

The newspaper was unable to reach Heeter, the Firearms Policy Coalition or its attorney, Nicolas J. Rotsko, on Friday. None of those parties responded to phone messages left by a reporter.

In court documents, Heeter said he wanted to buy a bulletproof vest because he was surrounded by angry Black Lives Matter protesters in Niagara Square on May 30, 2020. He said the experience made him fear for his safety in the event of future civil unrest.

The governor’s office did not respond to an email seeking comment on the lawsuit.

According to a study by the National Institute of Justice, bulletproof vests have saved the lives of more than 3,000 law enforcement officers.

“Bulletproof vests are commonly used in every state for lawful purposes,” the complaint states. “Indeed, a recent analysis of the bulletproof vest market concluded that U.S. civilians spent $41.9 million on bulletproof vests in 2022, an amount that is expected to increase to $69.2 million by 2034.”

The lawsuit also claims that “only a negligible percentage” of criminals choose to wear body armor when committing crimes.

Since 1984, according to the prosecution, wearing a “bulletproof vest” while committing a crime while in possession of a firearm has been a crime.

But only a “handful” of people have been charged with the crime in New York in the past 40 years, the lawsuit says.

According to Spartan Armor Systems, an Arizona-based body armor company, New York is the only state that prohibits most individuals from purchasing body armor. The company said many states have laws prohibiting criminals from using body armor.

The move to eliminate New York state’s restrictions on bulletproof vests comes a month after the U.S. Supreme Court ruled that it would strike down a federal ban on bump stocks. A bump stock is a device used to dramatically increase the rapid fire rate of a semi-automatic weapon.

Bump stocks were banned by President Donald Trump following a mass shooting at an outdoor concert in Las Vegas. A gunman using a gun equipped with a bump stock killed 60 people and injured about 850 others. Police said his weapon fired more than 1,000 rounds into the crowd over an 11-minute period.