Body Armor Restrictions in New York

Overview of Body Armor Restrictions

New York became one of the first states in the nation to broadly restrict the purchase and sale of body armor to the general public. Governor Hochul signed the initial legislation (S9407B) on June 6, 2022, with additional strengthening provisions signed on July 1, 2022. The restrictions took effect on July 6, 2022, and are codified primarily in Penal Law Sections 270.20, 270.21, and 270.22 and General Business Law Section 396-eee.^[1]

Definition of Body Armor

Under PL 270.20(2), "body armor" means any product that is a personal protective body covering intended to protect against gunfire, regardless of whether the product is designed to be worn alone or is sold as a complement to another product or garment.^[2] This definition is intentionally broad and covers ballistic vests, plate carriers, soft armor panels, and other wearable products intended to protect against gunfire.

Unlawful Purchase of Body Armor (PL 270.21)

A person is guilty of the unlawful purchase of body armor when, not being engaged or employed in an eligible profession, they knowingly purchase or take possession of body armor. The first offense is a class A misdemeanor, carrying up to 364 days in jail and/or a fine of up to $1,000. Any subsequent offense is a class E felony, punishable by up to four years in state prison.^[3]

Unlawful Sale of Body Armor (GBL 396-eee)

General Business Law Section 396-eee prohibits any person, firm, or corporation from selling or delivering body armor to an individual or entity not engaged or employed in an eligible profession. Covered sales and deliveries require the transferee to meet in person with the transferor. The in-person rule does not apply to purchases by federal, state, or local government agencies for furnishing body armor to employees in eligible professions. A violation carries a fine of up to $5,000 for the first offense.^[4]

The in-person requirement does not apply to purchases made by federal, state, or local government agencies furnishing body armor to employees in eligible professions.^[1]

Unlawful Wearing During a Felony (PL 270.20)

A separate and more severe provision predates the 2022 legislation. Under PL 270.20, a person is guilty of the unlawful wearing of body armor when, acting alone or with others, they commit any violent felony offense defined in PL 70.02 while possessing a firearm, rifle, or shotgun and, in the course of and in furtherance of such crime, they wear body armor. This offense is a class E felony.^[2]

Eligible Professions

The law permits body armor purchases by individuals engaged or employed in designated eligible professions. The statute specifically identifies:

• Police officers as defined in CPL Section 1.20,
• Peace officers as defined in CPL Section 2.10,
• Persons in military service of the State of New York or the United States, and
• Such other professions designated by the New York Department of State under Executive Law Section 144-a.^[5]

The Department of State maintains and publishes the current list of eligible professions, which includes professions whose duties may expose the individual to serious physical injury that may be prevented or mitigated by wearing body armor. Examples include emergency medical technicians, paramedics, and certain security professionals. The full list is available on the Department of State's website.^[1]

Proof of Eligibility

Purchasers must demonstrate engagement in an eligible profession by presenting a professional license issued by a federal, state, or local government, an employment card or credential issued by an employer, or, in the absence of either, a notarized form approved by the Department of State verifying that the purchaser is engaged in an eligible profession.^[1]