BrianGarst.com

Crimnals use many tools to aid in the commission of crime. One such tool, apparently, is body armor. New York has decided to do something about it.

Prohibits the purchase or sale of protective body vests except to law enforcement or military personnel; provides for registering of such sales by vendors; establishes unlawful purchase or sale of a body vest as a class A misdemeanor.

. . .JUSTIFICATION : Body vests are utilized as a component of law enforcement uniforms as well as for military personnel. They are designed to protect police officers, peace officers and military personnel from the gun fire of suspects or other acts of gun crime. In many communities throughout the state, law enforcement officials have seen a rise in the sale of body vests to protect drug dealers and other criminals as they conduct their illegal activity. By wearing a body vest criminals pose a larger threat to law enforcement because they are more likely to flee the scene of a crime or in some cases, fire upon law enforcement. It has been brought to the attention of the Legislature by district attorneys and law enforcement officials that a rise in the sale and distribution of body vests is occurring amongst drug dealers and others involved in the regular commission of crimes. This bill attempts to protect our law enforcement officials by preventing criminals from obtaining body vests thereby making them more dangerous and more difficult to apprehend.

The justification is a lot longer than it needs to be. All it really says is that body armor makes commission of certain crimes easier and therefore should be disallowed. But is that enough to justify restricting the freedoms of all citizens? No, it’s not.

Criminals use knives to stab people. Drug dealers use cars to shoot people in drive-bys who have crossed them. Other criminals also use cars to flee a scene, such as bank robberies where bags are also used to stuff stolen money in. Cell phones can be used to watch for the police and warn other criminals of their proximity. By this justification, all these items should be banned.

I know what some of you want to say. “What about the fact that nobody really needs to use body armor, while all those other things have legitimate uses?” First of all, no where does the bill attempt to assess whether or not body armor has significant “legitimate” uses outside of criminal activity. As far as we can tell from the content of the legislation, no such consideration was ever made. The closest it came was in its self serving definition of body armor as something only police and military use. But this is not an argument, this is assuming the conclusion. Even if they did address the issue, however, the mere act of attempting to determine what items have and do not have “legitimate” uses is itself an abridgment of freedom. That decision, ultimately, should reside with the individual.

If I’m traveling to a dangerous country, I may wish to purchase body armor as a precaution. If I have significant reason to fear an attempt on my life, I might wish to protect myself in public. Or, even if I were merely crazy and paranoid, the option to purchase body armor should still be mine.

But not only does this bill fail to adhere to American principles, it has no practical chance of accomplishing its stated purpose. If you outlaw body armor, only outlaws will have body armor. Do we really expect drug dealers and other major criminals to care about racking up one more misdemeanor? Sure, criminalizing the sale of armor will make it harder for criminals to acquire it, but ultimately all it will do is make it cost a little bit more as they turn to alternative sources. Meanwhile, the rest of New York’s citizens find themselves less one choice and out a little more freedom, as the list of prohibited actions continues to grow all for a goal that is unlikely to be achieved.

Hat tip: Moonbattery