Is Body Armor Legal In New York?

In June of 2024, police pulled over a man in New York and searched his vehicle – finding guns, ammunition, and body armor. Although various media sources reported that he was subsequently charged with weapons offenses, reports failed to mention any charges for the body armor. Why didn’t this individual face any charges for possessing armor in New York? Book a consultation with an experienced defense attorney in Rockland County to determine whether you may face serious penalties if police find these items in your possession.

New York Only Bans the Sale, Transfer, Purchase, or Exchange of Body Armor 

Contrary to popular opinion, the possession of body armor is not actually illegal in New York. It is only illegal to sell, purchase, or otherwise transfer these items in the Empire State. This might seem like the same thing as possession, but it is not. If you owned body armor prior to Governor Hochul’s 2022 body armor transfer ban, you can still possess it legally in New York. This is perhaps why the individual arrested in June did not face any criminal charges for possession of body armor. Either the authorities did not know whether the suspect acquired the armor legally, or they have not yet determined whether he acquired it prior to the 2022 law.

What “Counts” as Body Armor in New York? 

According to the Department of State, body armor has a broad definition. You might face consequences for possessing any “personal protective covering” intended to protect against gunfire. It is important to note that you can face penalties for acquiring a “component” of a body armor product, even if you do not acquire the product in its entirety. This means that you could face consequences for purchasing a “plate” or “pad” intended for use with a vest. However, you would not face penalties for acquiring a vest or harness without the protective plates. This is because a vest alone is not intended to protect against gunfire.

What Is the Penalty for Acquiring Body Armor in New York? 

If the authorities determine that you acquired body armor in New York, you will face a class A misdemeanor. Upon conviction, you could face up to one year in jail and a fine of up to $1,000. However, these penalties become more serious if you have prior body armor offenses on your criminal record. With prior convictions, subsequent charges could result in class E felonies. Upon conviction, you could face up to four years in prison and a fine of up to $5,000.

Find an Experienced Criminal Defense Lawyer in Rockland County 

If you have been caught with body armor in Rockland County, consider a consultation with a defense attorney at your earliest convenience. With help from New City criminal defense lawyer Phillip J. Murphy you may be able to mitigate or even eliminate legal consequences. Contact us today to discuss potential defense strategies in more detail.

Sources: 

cnn.com/2024/06/13/us/new-york-arrest-weapons-nypd/index.html

nbcnewyork.com/news/local/armed-man-arrested-queens-traffic-stop-weapons-armor-threatening-writings/5501118/