New York Proposes Banning Defensive Body Armor (S9407)

Steal2B

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Thomas said:
So if someone owns body armor already they can keep it?
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According to the lawyer running the Legal Scholar youtube channel, the body armor prohibition will just be for sale to the non-protected class commonfolk in NYS but out of state purchases by the commonfolk are not impacted. This bill is to inconvenience / infringe citizens and steal sales from NY business. FUKH, FUNYSsenate, FUNYSassy, FUNYSdems
 
Tisto

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Steal2B said:
According to the lawyer running the Legal Scholar youtube channel, the body armor prohibition will just be for sale to the non-protected class commonfolk in NYS but out of state purchases by the commonfolk are not impacted. This bill is to inconvenience / infringe citizens and steal sales from NY business. FUKH, FUNYSsenate, FUNYSassy, FUNYSdems
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When you buy it out of State and then bring it home, don't forget to report it on your NYS income tax form...you wouldn't want to deny NY the sales tax money.
 
spat

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Thomas said:
So if someone owns body armor already they can keep it?
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And to be prosecuted they would have to either catch you buying it, or prove you didn't own it before this passes and didn't acquire it out of state.

There's nothing I see here stopping you from buying some in PA and bringing it back.

Just finding a brand new L3A vest in your trunk would be a pretty hard case for them to make.
 
Dr. Evil

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GOYABEAN said:
God forbid you're allowed to protect yourself and love one's in :fuac:/ FUKH land

midhudsonnews.com

Jacobson body armor bill signed into law

ALBANY – Legislation banning the sale of body armor – bulletproof vests – to individuals other than law enforcement and those whose jobs require them, has
midhudsonnews.com midhudsonnews.com
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And just like that the criminals are screwed and will leave NY for greener pastures.
 
libertysnake

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I looked into how NYS police is interpreting the new laws. Namely, body armor was on my list. After some calls, NYS police told me they are interpreting the law as a ban on soft body armor only. Hard plates (ceramic and steel) are still permitted, and not restricted. Any armor not rated is also not restricted according to them. It only applies to Level 1 or higher soft (only) body armor.
 
libertysnake

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libertysnake said:
I looked into how NYS police is interpreting the new laws. Namely, body armor was on my list. After some calls, NYS police told me they are interpreting the law as a ban on soft body armor only. Hard plates (ceramic and steel) are still permitted, and not restricted. Any armor not rated is also not restricted according to them. It only applies to Level 1 or higher soft (only) body armor.
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Also to further clarify, they will not be grandfathering in soft body armor owned prior to the law going into effect. You have thirteen days from Monday, according to them, to sell it or turn it in.
 
Steal2B

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libertysnake said:
Also to further clarify, they will not be grandfathering in soft body armor owned prior to the law going into effect. You have thirteen days from Monday, according to them, to sell it or turn it in.
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According to the Lawyer Armed Scholar on his youtube channel, the version of the bill that was signed in to law is LESS RESTRICTIVE than Kennedy's original drafts and now NO LONGER CALLS FOR THE FORFEITURE of body Armour and no longer makes possession a crime. He indicates the signed bill only criminalizes the NY sale of body Armour to a non privileged class citizen..

 
libertysnake

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Steal2B said:
According to the Lawyer Armed Scholar on his youtube channel, the version of the bill that was signed in to law is LESS RESTRICTIVE than Kennedy's original drafts and now NO LONGER CALLS FOR THE FORFEITURE of body Armour and no longer makes possession a crime. He indicates the signed bill only criminalizes the NY sale of body Armour to a non privileged class citizen..

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That's not what I was told from NYS police. Whether they are right or not is another question, but that is how they are interpreting it.
 
Steal2B

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libertysnake said:
That's not what I was told from NYS police. Whether they are right or not is another question, but that is how they are interpreting it.
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They are wrong. It is a simple black and white read. They are likely referring to early drafts. I talked to the Commissioner of Bills and Legislation for the NYS Senate who confirmed the B version was signed by the governor.

www.nysenate.gov

NY State Senate Bill 2021-S9407B

Prohibits the purchase of a body vest; establishes that the purchase of a body vest shall be a class A misdemeanor for a first offense and a class E felony for each subsequent offense; establishes that the unlawful sale of a body vest shall be a class A misdemeanor for the first offense and a...
www.nysenate.gov www.nysenate.gov
 
ManrisFrack

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libertysnake said:
Also to further clarify, they will not be grandfathering in soft body armor owned prior to the law going into effect. You have thirteen days from Monday, according to them, to sell it or turn it in.
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Well that's clearly not what the law says. And it's 30 days, not 13.

I remember my purple tie friend trying to tell me bolt action guns couldn't have evil features back when SAFE went through. The guy that the barracks commander assigned to read and interpret the new law told them so.

There's a reason cops aren't lawyers.
 
Phazer

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libertysnake said:
That's not what I was told from NYS police. Whether they are right or not is another question, but that is how they are interpreting it.
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Ohhhh....the vaunted NYSP! The same organization that sent letters to scare off ammunition vendors and prevent them from selling ammunition directly to New York State citizens even though such sales are completely legal.
 
Phazer

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Steal2B said:
They are wrong. They are likely referring to early drafts. I talked to the Commissioner of Bills and Legislation for the NYS Senate who confirmed the B version was signed by the governor.

www.nysenate.gov

NY State Senate Bill 2021-S9407B

Prohibits the purchase of a body vest; establishes that the purchase of a body vest shall be a class A misdemeanor for a first offense and a class E felony for each subsequent offense; establishes that the unlawful sale of a body vest shall be a class A misdemeanor for the first offense and a...
www.nysenate.gov www.nysenate.gov
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Yup. Letter of the law clearly states "purchase" or "sale" of "body vests."
 
Steal2B

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It is my understanding from some in Albany that earlier versions that called for forfeiture of previously legal property without compensation would have been quickly overturned by even liberal NY Courts so the "B" version was signed.
 
Will556

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libertysnake said:
That's not what I was told from NYS police. Whether they are right or not is another question, but that is how they are interpreting it.
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Doesn’t really matter what they’re saying, what matters is what the actual law is. If they arrest you for possessing it and that in fact isn’t illegal…be happy to get some money in court for a wrongful arrest. Then take that money out of state and go buy more body armor.
 
spat

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libertysnake said:
I looked into how NYS police is interpreting the new laws. Namely, body armor was on my list. After some calls, NYS police told me they are interpreting the law as a ban on soft body armor only. Hard plates (ceramic and steel) are still permitted, and not restricted. Any armor not rated is also not restricted according to them. It only applies to Level 1 or higher soft (only) body armor.
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So if you want soft body armor, just buy stuff that *isn't* NIJ rated and you're good ?

The whole world doesn't use the NIJ rating system.

List of body armor performance standards - Wikipedia

en.wikipedia.org en.wikipedia.org

There are a lot of places selling armor that is "Meets NIJ standards" but is not NIJ certified too. Does that count ? That certification is expensive.



If there's enough of a market, maybe some US manufacturer will even spin off another model and just not get it rated. "This is just like our rated armor, but in a different color".
 
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spat said:
So if you want soft body armor, just buy stuff that *isn't* NIJ rated and you're good ?

The whole world doesn't use the NIJ rating system.

List of body armor performance standards - Wikipedia

en.wikipedia.org en.wikipedia.org

There are a lot of places selling armor that is "Meets NIJ standards" but is not NIJ certified too. Does that count ? That certification is expensive.



If there's enough of a market, maybe some US manufacturer will even spin off another model and just not get it rated. "This is just like our rated armor, but in a different color".
Click to expand...
To this law, no. Here is the legal definition for the law
 “For the purposes of this section a “body vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven layers of bullet-resistant material providing protection from three shots of one hundred fifty-eight grain lead ammunition fired from a .38 calibre handgun at a velocity of eight hundred fifty feet per second.”
Please note the “seven layers”. Hard plates tend not to be layered nor soft.
 
spat

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Truebeliever said:
To this law, no. Here is the legal definition for the law
 “For the purposes of this section a “body vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven layers of bullet-resistant material providing protection from three shots of one hundred fifty-eight grain lead ammunition fired from a .38 calibre handgun at a velocity of eight hundred fifty feet per second.”
Please note the “seven layers”. Hard plates tend not to be layered nor soft.
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So you can have a 3A vest as long as they make it in 6 layers or less ?

Interesting.
 
Phazer

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Truebeliever said:
To this law, no. Here is the legal definition for the law
 “For the purposes of this section a “body vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven layers of bullet-resistant material providing protection from three shots of one hundred fifty-eight grain lead ammunition fired from a .38 calibre handgun at a velocity of eight hundred fifty feet per second.”
Please note the “seven layers”. Hard plates tend not to be layered nor soft.
Click to expand...
I'd consider "soft body armor" to be the key.

Plates, either ceramic or steel, are not soft.
 
libertysnake

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Phazer said:
I'd consider "soft body armor" to be the key.

Plates, either ceramic or steel, are not soft.
Click to expand...

That is exactly how NYS police told me they are interpreting it when I asked the law-guns number. If it's not soft body armor, it's A-OK.
 
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