In a closely watched Second Amendment fight unfolding in Buffalo, a federal judge is being asked to decide whether New Yorkers can legally buy off-the-shelf bullet-resistant vests.
On May 29, 2026, Firearms Policy Coalition (FPC) filed a reply brief in Heeter v. James, its federal lawsuit challenging New York’s ban on most civilian purchases of body armor. The case is pending in the U.S. District Court for the Western District of New York, and both sides are now trading summary-judgment briefs that could resolve the case without a trial.
According to Firearms Policy Coalition, the new filing supports FPC’s motion for summary judgment and adds two individual FPC members as co-plaintiffs. The group identifies Nicolas J. Rotsko of Fluet as counsel for the plaintiffs and describes the suit as a direct attack on a statute it says “unconstitutionally criminalizes the purchase of simple personal protective equipment.” FPC President Brandon Combs is quoted as saying, “The right to keep and bear arms includes the right to own defensive armor, period.”
What the law does
New York’s 2022 amendments make it a crime for most civilians to purchase, receive, or transfer body armor inside the state unless they fall into a state-approved list of “eligible professions.” Even those who qualify must complete in-person transfers. The Department of State is responsible for maintaining the list of eligible professions, setting proof-of-engagement rules, and administering the transfer requirements. The statutory text and implementing guidance are posted by the New York Department of State.
Where the case stands
Court filings show that the plaintiffs moved for summary judgment in late March. Their filing is available in the record as the plaintiffs' motion, and the state defendants responded in late April with a written state defendants' opposition. FPC then filed its reply at the end of May in support of its motion. With briefing running through the end of June, the judge can either rule on the papers or schedule additional proceedings.
Who’s weighing in
Outside groups are already crowding the docket. National gun-control organizations Brady, Giffords Law Center, and Everytown have filed an amicus brief supporting New York’s defense of the law, while industry and gun-rights advocates have submitted briefs backing the plaintiffs, according to AmmoLand. Readers can dig into the amicus filings for a deeper look at the competing theories.
Legal stakes
The core question is whether modern ballistic armor qualifies as an “arm” protected by the Second Amendment under the post-Bruen historical test. The plaintiffs are asking for facial relief that would invalidate the purchase restriction for everyone, or, if the court declines to go that far, for narrower as-applied relief limited to the named plaintiffs. The ruling is expected to ripple through constitutional doctrine, day-to-day enforcement, and the state’s broader public-safety strategy. Legal trackers note that summary-judgment briefing runs through the end of June and that the court could issue a decision soon after the final papers are filed, according to Bulletproof Zone.
What’s next: the summary-judgment window closes June 30, 2026. After that, the court may issue a ruling or set the case for trial and, potentially, appeals. The public docket, including filings and orders, is available through CourtListener. If the judge grants broad relief, civilian body armor sales could resume statewide. If not, New York’s restrictions will stay in place unless a higher court eventually says otherwise.
