Bill Text: NY S01450 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the crimes of unlawful purchase of body armor in the first and second degree; establishes the crimes of unlawful sale of body armor in the first and second degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-10 - REFERRED TO CODES [S01450 Detail]
Download: New_York-2025-S01450-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1450 2025-2026 Regular Sessions IN SENATE January 10, 2025 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the unlawful purchase and sale of body armor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 270.21 of the penal law, as amended by chapter 371 2 of the laws of 2022, is amended to read as follows: 3 § 270.21 Unlawful purchase of body armor in the second degree. 4 A person is guilty of the unlawful purchase of body armor in the 5 second degree when, not being engaged or employed in an eligible profes- 6 sion, they knowingly purchase or take possession of body armor, as such 7 term is defined in subdivision two of section 270.20 of this article. 8 This section shall not apply to individuals or entities engaged or 9 employed in eligible professions, which shall include police officers as 10 defined in section 1.20 of the criminal procedure law, peace officers as 11 defined in section 2.10 of the criminal procedure law, [persons in mili-12tary service in the state of New York or military or other service for13the United States,] and such other professions designated by the depart- 14 ment of state in accordance with section one hundred forty-four-a of the 15 executive law. As it relates to knowingly taking possession of body 16 armor, this section shall not apply to persons in the military service 17 for the state of New York or military or other service for the United 18 States who are issued body armor as a requirement of such service. 19 "Eligible professions" shall not include members of the unorganized 20 militia as defined pursuant to subdivision two of section two of the 21 military law. 22 Unlawful purchase of body armor in the second degree is a class A 23 misdemeanor [for a first offense and a class E felony for any subsequent24offense]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04183-01-5S. 1450 2 1 § 2. The penal law is amended by adding a new section 270.21-a to read 2 as follows: 3 § 270.21-a Unlawful purchase of body armor in the first degree. 4 A person is guilty of the unlawful purchase of body armor in the first 5 degree when: 6 1. not being engaged or employed in an eligible profession, they know- 7 ingly purchase or take possession of body armor, as such term is defined 8 in subdivision two of section 270.20 of this article. This section shall 9 not apply to individuals or entities engaged or employed in eligible 10 professions, which shall include police officers as defined in section 11 1.20 of the criminal procedure law, peace officers as defined in section 12 2.10 of the criminal procedure law, and such other professions desig- 13 nated by the department of state in accordance with section one hundred 14 forty-four-a of the executive law. As it relates to knowingly taking 15 possession of body armor, this section shall not apply to persons in the 16 military service for the state of New York or military or other service 17 for the United States who are issued body armor as a requirement of such 18 service. "Eligible professions" shall not include members of the unor- 19 ganized militia as defined pursuant to subdivision two of section two of 20 the military law; and 21 2. has been convicted of the crime of unlawful purchase of body armor 22 in the second degree within the previous ten years. 23 Unlawful purchase of body armor in the first degree is a class E felo- 24 ny. 25 § 3. Section 270.22 of the penal law, as amended by chapter 371 of the 26 laws of 2022, is amended to read as follows: 27 § 270.22 Unlawful sale of body armor in the second degree. 28 A person is guilty of the unlawful sale of body armor in the second 29 degree when they sell, exchange, give or dispose of body armor, as such 30 term is defined in subdivision two of section 270.20 of this article, to 31 an individual whom they know or reasonably should have known is not 32 engaged or employed in an eligible profession, as such term is defined 33 in section 270.21 of this article. 34 Unlawful sale of body armor in the second degree is a class A misde- 35 meanor [for the first offense and a class E felony for any subsequent36offense]. 37 § 4. The penal law is amended by adding a new section 270.22-a to read 38 as follows: 39 § 270.22-a Unlawful sale of body armor in the first degree. 40 A person is guilty of the unlawful sale of body armor in the first 41 degree when: 42 1. they sell, exchange, give or dispose of body armor, as such term is 43 defined in subdivision two of section 270.20 of this article, to an 44 individual whom they know or reasonably should have known is not engaged 45 or employed in an eligible profession, as such term is defined in 46 section 270.21 of this article; and 47 2. they have been convicted of the crime of unlawful sale of body 48 armor in the second degree within the previous ten years. 49 Unlawful sale of body armor in the first degree is a class E felony. 50 § 5. This act shall take effect immediately.
