The legality of purchasing and using body armor has become a topic of interest in today’s conversation regarding public safety awareness, law enforcement, and recreational shooting. This article aims to give a thorough analysis of the legal framework that controls the acquisition, possession, and use of body armor in the United States while also providing some information on other countries.
Is it legal to own body armor?
Buying and wearing body armor is legal on the federal level in the United States. However, several states have specific legislations regarding the procurement and possession of body armor. Therefore it is imperative to have a thorough awareness of state-specific laws.
Who can buy body armor?
According to Section 931 of title 18, United States Code, anyone who is a citizen of the United States, 18 years of age or older, and has never been convicted of a crime that involves violent offenses is legally allowed to purchase and use body armor.
Still, there are some exceptional cases where these conditions can be exempted. For example, if you’re under 18, you may receive written permission from your local police department to purchase and wear body armor, and a convicted felon may use body armor for work purposes with permission from the appropriate authorities.
Where can you buy body armor from?
Body armor can be purchased in face-to-face transactions in all 50 states. There is no need for a background check, ID, or special permits.
Body armor can also be shipped to an address in 48 states in the USA with the exception of New York and Connecticut. Anyone looking to purchase body armor in these two states cannot do so online, but only through face-to-face transactions.
Can you wear body armor in public?
Generally, yes, you are within your rights if you wear body armor in public as long as you are an adult with no felony convictions. Even though it’s legal on a federal level, US states can handle body armor laws on their own way. That means, depending on what state, or even city, you’re in, it may not be legal for you to wear bulletproof gear at certain times or situations.
For instance, in Topeka, Kansas, it’s not legal for citizens to wear a bulletproof vest during certain public gatherings like protests or parades. Also in Louisiana it is illegal to wear body armor on school property or a campus.
State-Specific Laws
The regulatory framework encompassing body armor legality within individual states across the United States varies significantly. Some states have outlined specific rules, while others closely follow federal guidelines.
States Following Federal Law
The states where general federal regulations apply to are: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington State, West Virginia, Wisconsin, Wyoming, Washington D.C.
Wearing body armor while committing crimes
In many states it is illegal to wear body armor when committing different crimes, including drug trafficking, committing violent crimes, or when being in possession of firearms and other dangerous weapons. The states that these regulations apply to are: Arizona, Delaware, Florida, Georgia, Hawaii, Idaho, Louisiana, Massachusetts, West Virginia, Wisconsin, New Jersey, North Carolina, Oklahoma, South Carolina.
Doing so can constitute an additional felony conviction with extra time added to the resulting prison sentence. For example, in Indiana this is a Class D felony, in New Hampshire a Class B felony and in Tennessee a Class E felony.
However, all these regulations generally exempt body armor retailers.
Notable states
Two states worth discussing on their own as they pose stricter regulations are Connecticut and New York.
Connecticut
In Connecticut body armor transactions can only take place in face-to-face transactions. This means any online seller of body armor is prohibited from selling to Connecticut residents.
Selling body armor to a Connecticut resident without personally meeting to complete the transaction constitutes a Class B misdemeanor punishable by 6-month imprisonment, a $1,000 fine, or both.
However, there are people or entities exempt from this law. These include: Sworn members or authorized officials of the State Police, local police departments, Board of Parole or Pardons, the Division of Criminal Justice, authorized officials of the Department of Administrative Services or municipals who purchase body armor for the agencies mentioned above, Armed forces or National Guard members and authorized officials of the Judicial Branch who purchase body armor for probation officers.
New York
New York’s laws regarding body armor are the strictest in the US. The purchase of body vests, which they described as “bullet-resistant soft body armor”, as well as their illegal sale or delivery to people who are not in an eligible profession is illegal. Also, body vest sales must be made in person to complete the sale as online transactions are illegal.
Body armor vendors who engage in the illegal sale and delivery of bulletproof vests to anyone who is not of an eligible profession, will also face a civil penalty of $5,000 for the first offense and $10,000 for subsequent offenses.
Also, in New York, wearing a body vest while committing a violent felony and possessing a firearm is illegal. The first offense would mean a class A misdemeanor and subsequent offenses will constitute as class E felony.
Global Perspectives
Beyond the confines of the United States, the jurisdictional landscape surrounding body armor legality exhibits notable discrepancies across international jurisdictions.
Is it legal to buy body armor in Australia?
Possession of body armor without a specialized authorization is illegal in some Australian territories. These include New South Wales, Queensland, ACT, Northern Territory, Victoria, and South Australia.
Is it legal to buy body armor in The UK?
Regarding The United Kingdom, there are no restrictions on buying or owning body armor in the UK currently.
Is it legal to buy body armor in The European Union?
Ballistic protection that qualifies as military armament is illegal for civilians in The European Union. Generally, military armament refers to hard armor and not soft, flexible ballistic vests. However, each EU member sets its own body armor laws. Therefore it is important to always be aware of the legislation in the country you are in.
Is it legal to buy body armor in Canada?
Body armor is legal in all Canadian provinces and territories except for Nova Scotia, British Columbia, Alberta, and Manitoba. In these places, you must possess either a Law Enforcement, Security Guard, Firearms License, or Body Armour Permit ID.
As the conversation surrounding body armor legality constantly evolves, close attention to regulations becomes imperative. While this article aims to provide a comprehensive overview of existing regulations, readers should explore additional information sources. Ultimately, it is the responsibility of individuals to ensure compliance with local regulations regarding body armor.
The Intersection of Body Armor and Ammunition
When purchasing body armor, it’s important to consider the type of ammunition it is designed to protect against. For example, many individuals choose armor capable of withstanding 9mm ammunition, one of the most common calibers used for personal defense. Understanding these factors can help ensure that your body armor meets your personal protection needs.
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