New York Codes, Rules and Regulations (NYCRR)
Title 19 Part 905
Department of State
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19 NYCRR 905.1 - Definitions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.1 Definitions.
(a)“Body armor” has the same meaning as set forth in Article 270 of the Penal Law.
(b)“Department” means the Department of State.
(c)“Duties” means any obligation or responsibility associated with a profession upon which employment or engagement in such profession is contingent.
(d)“Eligible profession” means police officers, as defined in section
19 NYCRR 905.2 - List of eligible professions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.2 List of eligible professions.
(a)The Department of State shall establish and may revise a list of eligible professions itemizing the professions that meet the criteria established by this Part by adding or removing professions as necessary. The list shall consist of any eligible profession itemized by the department pursuant to section 144-a of the Executive Law, and any profession approved by the department pursuant to the rules established by this Part.
(b)Such list shall be deemed established upon filing in the Office of the Secretary, State Records Unit. After such filing, the list of eligible professions shall be published and maintained on the website of the department.
(c)Revisions. Any revision to the list of eligible professions shall be valid upon filing in the Office of the Secretary, State Records Unit. After such filing, the revised list of eligible professions shall be published and maintained on the website of the department.
19 NYCRR 905.3 - Criteria for eligible professions requiring the use of body armor
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.3 Criteria for eligible professions requiring the use of body armor.
A profession shall be deemed eligible by the department if the duties of the profession may expose an individual engaged in such profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.
19 NYCRR 905.4 - Process for requesting the addition of a profession to the list of eligible professions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.4 Process for requesting the addition of a profession to the list of eligible professions.
(a)An individual or entity engaged in a profession in New York State that is not on the list of eligible professions may request that the department add such profession to the list of eligible professions by filing a request with the secretary in a form and method approved by the department.
(b)Requests may not be submitted by any means other than those specified in this Part and must comply with the form and content requirements as published by the department.
19 NYCRR 905.5 - Process for the Department of State to determine eligible professions
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.5 Process for the Department of State to determine eligible professions.
(a)In accordance with the authority provided pursuant to section 144-a of the Executive Law, and notwithstanding subdivision (b) of this section, the department may at any time in its discretion review a profession for the purpose of determining eligibility pursuant to this Part. Upon determining that a profession satisfies the criteria set forth in section 905.3 of this Part, the department may add the profession to the list of eligible professions in accordance with section 905.2 of this Part.
(b)Upon receipt of a request that complies with section 905.4 of this Part, the department shall:
(1)prepare a notice to be published on the department’s website alerting the public of the opportunity to submit additional requests relating to that profession within the next 30 days. Such notice shall provide information about where and how requests from other individuals or entities may be submitted;
(2)allow thirty (30) days from the date of publication for additional requests to be received; and
(3)apply the criteria in section 905.3 of this Part to the request within a reasonable period of time after the close of the thirty (30) day additional request period. The department may, at any time and in its sole discretion, contact the requestor or any other individual or entity to request additional information regarding the submitted request.
(c)The department may consolidate pending requests that relate to the same profession for the purpose of reviewing and determining the eligibility of that profession.
(d)If the department determines that a requested profession meets all criteria of this Part, the department shall add the profession to the list of eligible professions in accordance with section 905.2 of this Part.
(e)A review of a requested profession pending under the jurisdiction of the Secretary of State shall be brought to completion within 90 days of the date of the closing of the public comment period provided pursuant to the department’s published notice regarding said profession. An additional request for information issued by the department will extend the period of days in which the Secretary of State by such timeframe as applicable to the additional request for information.
(f)The department may, prior to the expiration period, extend the time period established by subdivision (e) of this section by issuing a statement in writing that the pending review of the subject profession cannot be reasonably completed within the applicable timeframe, and thereby extend the review period for an additional 60 days.
(g)Notwithstanding Part 400 of this Title, any final decision made pursuant to this section shall be appealable pursuant to Article 78 of the Civil Practice Law and Rules.
(h)If a request to add a profession to the list of eligible professions relates to a profession that the department has previously determined does not meet the criteria, the department may decline to consider the request if such request fails to present facts and circumstances that differ from those presented to the department in any prior request relating to that profession, whether or not such request was made by the same individual or entity that made the prior request.
19 NYCRR 905.6 - Process for presenting proof of engagement in an eligible profession
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.6 Process for presenting proof of engagement in an eligible profession.
(a)All individuals and entities must present proof of engagement in an eligible profession when purchasing or taking possession of body armor.
(b)Proof of engagement in an eligible profession may be satisfied by submission to the seller of a professional license issued by a federal, state or local government; employment card or other credential issued by an employer, or in the absence of the foregoing, submission to the seller of a form approved by the Department of State that is notarized, verifying that the purchaser is engaged in an eligible profession.
(c)No sale or delivery of body armor shall be permitted unless the transferee meets in person with the transferor to accomplish such sale or delivery, except for federal, state or local government agencies purchasing body armor to furnish them to employees in eligible professions.
19 NYCRR 905.7 - Severability
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-30-22-00002-A · Adopted rule
- Related notice published
- Nov 30, 2022
- Related notice effective date
- Nov 30, 2022
905.7 Severability.
The provisions of this part are severable. If any provision of this Part, or any application thereof to any entity or circumstance, is found to be invalid, such invalidity shall not affect any other provisions or applications of this Part that may be given effect without the invalid provisions or applications.