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How Not To Write a Bulletproof Vest Statute - The Case of New York State

NCJ Number
79173
Journal
Law and Order Volume: 29 Issue: 8 Dated: (August 1981) Pages: 26-28,30,32
Author(s)
R Olson
Date Published
1981
Length
5 pages
Annotation
The New York State law providing comprehensive State funding for the purchase of bulletproof vests for all police officers in the State is criticized for requiring vests which are heavier and hotter than necessary and which are less likely to be used than other vests.
Abstract
Enacted on June 24, 1980, the legislation contains specific language pertaining to weight, ballistic capability, type of weapons, ammunition, velocity, size, method of funding, and related areas. Such details are usually determined through administrative rules, which provide greater flexibility and adaptability to changes in the state-of-the-art. The legislation stipulates that any soft body armor to be certified by the State must meet the threat Level II ballistic requirements as determined by the National Institute of Law Enforcement and Criminal Justice Standards (NILECJS) and yet not exceed 4 pounds. However, most of the handguns confiscated by police from 1971-76 could be defeated by a threat Level 1 vest, which weighs only 1.5 pounds, or by the Level II-A vest, which weighs 2.5 to 3 pounds. Although it is desirable to obtain the most ballistic protection possible, it is equally important to have a vest which officers will be willing to wear, especially in hot weather. The New York City Police Department chose threat Level I protection because it meets 80 percent of the handgun threats posed to officers while being lightweight, concealable, and relatively comfortable during hot summer days. Other departments may find that the Level II-A vest would be more appropriate. The New York Legislature should have let each department determine its own needs for soft body armor. Another set of problems with the law has resulted from choosing the State Department of Labor rather than the State Division of Criminal Justice Services or the New York State Police to administer the law. Procedural and fiscal problems also exist. The New York experience represents an unrealistic attempt to meet the incompatible goals of strong ballistic protection and comfort. Other States considering a comprehensive soft body armor program should permit individual police departments to determine the types of vests needed and should adopt realistic minimum statewide standards and provide enough money to fund the program. Photographs are provided.

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