New York Attorney General Letitia James has lost a bid to change judges in a lawsuit challenging a state law banning the sale of body armor.
James’ office is defending a law prohibiting the sale and possession of body armor in the state, which was passed following the mass shooting at a Buffalo supermarket in May 2022. The shooter killed 10 people and injured three others. Police described the shooting as “racially motivated,” as the alleged shooter traveled 200 miles from his home to target the market in a predominantly Black neighborhood. The shooter was wearing body armor.
The law is facing a challenge from the Firearms Policy Coalition, which argues that the ban is unconstitutional and infringes on New Yorkers’ rights to protect themselves from potential shooters. The case is being overseen by U.S. District Judge John Sinatra Jr., who has overseen a number of cases challenging New York firearm laws.
Several of these cases have been assigned to him because they were deemed to be “related.” These cases focus on whether a New York law banning firearms in “sensitive” places like the subway and houses of worship violates the Second Amendment.
In a motion seeking a new judge in the case, James wrote that her office believes it was assigned to Sinatra after the plaintiffs designated it as being related to those other cases. James’ office, however, argues that they are unrelated.
“Although both the instant litigation and those cited as related challenge the scope of the Second Amendment as it relates to certain of New York’s laws, importantly, they challenge different laws, under different statutory sections or subsections, that are subject to differing analyses,” her office wrote in the motion.
However, Sinatra rejected James’ effort earlier in July, arguing the case had already been randomly assigned to him.
He wrote: “The Court agrees with Defendants that this case is not related to the previous Second Amendment cases handled by this Court. For this reason, when the Court reviewed the civil cover sheet in this case, the Court instructed the clerk’s office to assign the case pursuant to the District’s normal random assignment process, which it was.”
Sinatra continued, “Any information to the contrary, provided by telephone to Defendants’ counsel by someone in the clerk’s office, has been confirmed to be incorrect.”
Newsweek reached out via email to James’ office for comment.
The case centers on New York resident Benjamin Heeter, who wants to purchase body armor after he was caught in a protest while driving home from work in 2020, according to a complaint. He wants to keep the armor in his car to use “in the event of similar civil unrest,” the complaint says.
Proponents of the New York law argue it would prevent prospective shooters from wearing armor that could inhibit a police response. But critics said it does not include the vest worn by the Buffalo shooter.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
