Retired police officer Aaron Salter was working security at the Jefferson Avenue Tops in Buffalo when a gunman opened fire.

Law enforcement said Salter may have been able to stop the shooter had he not been wearing tactical body armor and a helmet.

"He was outgunned, Aaron Salter, and he was out-armored," Rep. Brian Higgins, D-NY-26, said. "That should never happen again."

Higgins and Rep. Chris Jacobs, R-NY-27, are co-sponsoring legislation authored by downstate Democrat Grace Meng that would restrict that type of gear, known as level 3 armor.

"That's the reason Aaron Salter could not take out the shooter, so again, it's called military grade because it's made for the military. We don't believe any just citizen under the sun should have the right to do that," Jacobs said.

The legislation, with the consent of Salter's family, will be named after the officer who died attempting to save other lives.

"I'd also like to just thank Kim Salter, Aaron Salter's wife who is, the level of grieving I can't imagine she's still going through, her willingness to do this is a very courageous move on her part too," Jacobs said.

The bill prohibits sale, possession and transfer of the armor with the exception of law enforcement, military and related professions. The congressmen said they believe they've identified who should be allowed to have it, but if more carve-outs are needed, they can still be addressed.

"This legislation should be approved," Higgins said. "This is not a constitutional issue. This is not ideological. This is common  sensical. It makes good sense to ban this armor for anybody other than who should legitimately have it and who have been trained to use it."

Jacobs lost support of his party after coming out in favor of a number of gun reform laws and is retiring at the end of this year. However, he does believe this legislation, in particular, could find bipartisan support.

"I think this has a much higher level of success and certainly, this is not the sole solution," Jacobs said. "This is one of the litany of things we need to look at."

The lawmakers would like to see the law approved by the end of session and are reaching out to U.S. Majority Leader Chuck Schumer about Senate support.