I've always been a little bemused at the notion of heavy body armor, unless one is a cop or a soldier, or unless you live in one of America's major cities where the chance of being used for impromptu target practice is a possibility. Around here in Alaska, body armor won't do much good against a bear or a moose; if you are wearing body armor, a moose will just pop you like a hard-boiled egg, and a bear could probably bite through it. Even so, it's one of those things that any reasonable person should reckon that someone ought to be able to buy, should they choose to.
In New York, though, for inexplicable reasons, the state barred citizens from buying body armor. No more: A federal judge, on Wednesday, struck down New York's ban on civilians buying and wearing body armor, and he did it on Second Amendment grounds. Win.
NEW: Judge Sinatra Jr. ruled that New York's ban on purchasing body armor violates the Second Amendment, finding that bulletproof protective gear qualifies as an "arm" under the Constitution and that the state failed to justify its restrictions under historical tradition. https://t.co/w0wl6VpE6F
— SCOTUS Wire (@scotus_wire) October 21, 2026
We're getting accustomed to winning, especially after the landmark Bruen decision. It's a little odd, I admit, to think of purely defensive body armor as an "arm," but there you are, and we should not presume to debate Judge Sinatra's wisdom in this matter, especially since we won.
"[B]ody armor is an "Arm" protected by the plain text of the Second Amendment. 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," wrote District Judge John Sinatra Jr.
Both the plaintiff and state had filed for summary judgment in their favor, with the judge granting the plaintiff's motion. Sinatra stayed his own order for 14 days to give the state time to appeal.
In making his decision, Sinatra cited the Supreme Court's 2022 precedent from New York State Rifle & Pistol Association v. Bruen, which imposed a standard that the government must demonstrate that any form of gun control is consistent with the nation's history of limiting access to arms.
The nation's history is, it seems, consistent with body armor.
Once again, we see the fruits of the Bruen decision, making so many of these cases break our way. The Second Amendment wins have been coming fast; soon we'll be able to buy suppressors and short-barreled rifles, and maybe, just maybe, if we ever get a Congress so inclined, we'll get national concealed-carry reciprocity, or perhaps even national constitutional carry, which would seem to be required under the "bear" part of "...to keep and bear arms" that isn't supposed to be infringed.
Now, in New York, another unfairly restricted freedom is restored. And it may even present some entrepreneurial opportunities; a kiosk, perhaps, selling some kind of body armor near the various entrances to the New York City subway system. Such a business may well see great profits, at least until the Big Apple elects a mayor who takes public safety seriously.
And, no, we're not tired of winning yet.