Is it legal for civilians to purchase body armor?
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Body armor is a safety product. It is legal in most states in for law abiding civilians to purchase body armor. You have the right to protect yourself and your family from harm. As a citizen of the United States you have the legal right to purchase and wear body armor for personal or professional use. Currently the exception is New York state who has limited the rights of its citizens. We&#;ll talk about NY state and give you all the details below.
Body Armor does not require any special paperwork or background checks. It is YOUR responsibility to determine if YOU are LEGALLY able to purchase and use body armor in your state.
Who Cannot Buy Body Armor Legally?
Convicted felons surrender their right to own body armor legally pursuant to (18 U.S.C. 931). However, felons can purchase bulletproof vests if their employer requires it and they get written permission to do so. It is the responsibility of the felon to refrain from buying body armor. They can be prosecuted if they make an illegal purchase. Retailers are not liable for what happens to body armor after it is sold.
Different States have Different Rules for Buying Body Armor Legally
Depending on where you live, different states have different regulations for civilians who want to buy body armor. For example, it is legal for civilians in Connecticut to buy body armor, but it must to be done by a face-to-face transaction. There are exceptions to the Connecticut law for police departments, and other public officials. Please call one of our sales representatives for more information. In New York you must be employed in an approved profession and make a face to face transaction. Learn more details about the NEW YORK BODY ARMOR RESTRICTIONS HERE.
Other Rules for Civilians to Buy Body Armor Legally
There are other rules to consider when civilians look to buy personal body armor protection. You cannot ship or bring body armor outside the United States without Federal permission, for example. In many states it is also illegal to wear body armor while committing a crime. Doing so will result in more and harsher legal charges.
Below we&#;ve provided some helpful information about current state laws for civilians to purchase body armor legally. This information provided is current to the best of our knowledge as of the publishing of this article. It can change at any time. This information should NOT be interpreted as legal advice. You should contact a licensed attorney in your state, local government or law enforcement agency for the most current regulations in your area for civilians to purchase body armor legally.
Alabama
Alabama does not have any additional laws for civilians to purchase body armor legally. In Alabama, any civilian can purchase and use a bulletproof vest legally, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or in person.
Alaska
In Alaska, civilians can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face by civilians legally.
Arizona
Like many states, Arizona has a law in place that makes it illegal to wear body armor during the commission of a crime. This does not affect body armor retailers.
Arkansas
In Arkansas, it is a Class A Misdemeanor to possess body armor if you have been convicted of murder, manslaughter, aggravated robbery, assault, or battery, and this law does not affect body armor retailers.
In any other case, civilians can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
California
In California, civilians can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Colorado
In Colorado, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Connecticut
Of all the states, Connecticut has the toughest law on body armor, prohibiting residents from buying or selling body armor except through a face-to-face sale. Online retailers cannot market and sell to Connecticut residents.
In Connecticut, it is a class B misdemeanor, punishable by imprisonment for up to six months, a fine of up to $1,000, or both, to sell or deliver body armor unless the transferee meets in person with the transferor to accomplish the sale or delivery.
The law exempts sales or deliveries to:
authorized officials or sworn members of local police departments, the State Police, the Division of Criminal Justice, the Department of Correction, or the Board or Pardons or Parole;
authorized municipal or Department of Administrative Services&#; officials who buy body armor for the above agencies;
authorized Judicial Branch officials who buy body armor for probation officers;
members of the National Guard or armed forces (CGS § 53-341b).
Delaware
Delaware has a law in place that makes it illegal to wear body armor during the commission of a crime. This does not affect body armor retailers.
Florida
Florida has a law in place that makes it illegal to wear body armor during the commission of a crime, and, and this does not affect body armor retailers.
In Florida, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Georgia
Georgia has a law in place that makes it illegal to wear body armor during the commission of a violent crime, or while trafficking drugs. This does not affect body armor retailers.
In Georgia, civilians can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Hawaii
In Hawaii, all civilians can purchase and use a bulletproof vest, unless they have been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Idaho
In Idaho, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Illinois
Illinois does not have any additional body armor laws pertaining to retailers. In Illinois, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
However, it is illegal to for individuals to wear body armor while in possession of a dangerous weapon, other than a firearm, during the commission or attempted commission of any offense. Unlawful use of body armor is a Class A misdemeanor.
Indiana
In Indiana, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or in person.
A person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Class D felony (up until July , when a new law takes effect). The new law states that a person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Level 6 felony. Again, this law effects criminals, not retailers.
Iowa
In Iowa, any civilian can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Kansas
In the city of Topeka, Kansas, it is illegal to possess, carry or wear a bulletproof vest during protests, parades, rallies, assemblies and demonstrations. This statute does not affect retailers.
In Kansas, civilians can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or in person.
Kentucky
In Kentucky, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Louisiana
Louisiana has a law in place that makes it illegal to wear body armor during the commission of a crime or on school property. This does not affect body armor retailers. In Louisiana, any adult can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
It is illegal to wear body armor on the premises of a school
Maine
In Maine, anyone can purchase and use a bulletproof vest, unless they have have been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Maryland
Maryland law mandates that all civilians with a prior conviction for a crime of violence, or a drug trafficking crime, are prohibited from using, possessing, or purchasing bulletproof body armor without a permit issued by the Secretary of the Maryland State Police.
A civilian with a prior conviction for a crime of violence or a drug trafficking crime may file, for good cause shown, a petition with the Secretary for a permit to use, possess, and purchase bulletproof body armor.
Massachusetts
Massachusetts has a law in place that makes it a felony to wear body armor during the commission of a crime. In Massachusetts, anyone can purchase and use a bulletproof vest, unless they have been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Michigan
In Michigan, any civilian of age can purchase and use a bulletproof vest, unless that civilian has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
In Michigan, an individual who commits or attempts to commit a crime that involves a violent act or a threat of a violent act against another person while wearing body armor is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both. This is not applying to state officers and security officers performing their duties while on or off a scheduled work shift.
Minnesota
In Minnesota, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Mississippi
In Mississippi, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Missouri
In Missouri, any civilian can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Montana
In Montana, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
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Nebraska
In Nebraska, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Nevada
In Nevada, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
New Hampshire
New Hampshire has laws in place that make committing a crime while wearing a bulletproof vest a felony, but does not have laws in place that prohibit sales of bulletproof vests by retailers.
A person is guilty of a class B felony if he commits or attempts to commit any felony while using or wearing body armor.
New Jersey
In New Jersey, any civilian can purchase and use a bulletproof vest, unless they have been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Additionally, in New Jersey, a civilian can be charged separately for wearing a bullet proof vest while carrying out criminal acts. The practical effect is more jail time and fines. Separate penalties have a wide range depending on the seriousness of the underlying crime.
New Mexico
In New Mexico, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
New York
Effective July 6, , when not being engaged or employed in an eligible profession, the purchase, taking possession of, sale, exchange, giving or disposing of body armor is prohibited. People engaged or employed in eligible professions include. New York gets it&#;s own article since it has become complicated. WHO CAN PURCHASE BODY ARMOR IN NEW YORK ARTICLE.
North Carolina
North Carolina has a law in place that makes it illegal to wear body armor during the commission of a crime. This does not affect body armor retailers. In North Carolina, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
North Dakota
In North Dakota, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Ohio
Ohio does not have any additional body armor laws. In Ohio, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Oklahoma
Oklahoma has a law in place that makes it a felony to wear body armor during the commission of a crime. This does not affect body armor retailers. In Oklahoma, it is legal for civilians to purchase body armor, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Oregon
In Oregon, anyone can purchase and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Pennsylvania
Pennsylvania does not have any additional body armor laws. In Pennsylvania, it is legal for civilians to purchase body armor, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Rhode Island
In Rhode Island, it is legal for civilians to purchase body armor and bulletproof vests, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
In , Rhode Island&#;s General Assembly passed a bill that forbids anyone convicted of a felony that is a crime of violence from buying or possessing body armor. This does not affect retailers of bullet proof vests.
South Carolina
South Carolina has a law in place that makes it illegal to wear body armor during the commission of a crime. This does not affect body armor retailers. In South Carolina, it is legal for civilians to purchase body armor, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
South Dakota
In South Dakota, it is legal for civilians to purchase body armor, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Tennessee
Tennessee also has a law in place that makes it illegal to wear body armor during the commission of a crime. The unlawful wearing of a vest is a Class E felony. This does not affect body armor retailers. In Tennessee, any civilian can purchase and use a bulletproof vest legally, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Texas
In Texas, it is legal for civilians to purchase body armor, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Utah
In Utah, civilians can purchase body armor legally and use a bulletproof vest, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Vermont
Vermont does not have any additional body armor laws. In Vermont, it is legal for civilians to purchase body armor, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Virginia
Virginia has one additional body armor law, like many states: Any person who, while committing a crime of violence or a felony violation, has in his possession a firearm or knife and is wearing body armor designed to diminish the effect of the impact of a bullet or projectile, shall be guilty of a Class 4 felony. This law does not affect retailers.
In Virginia, it is legal for civilians to purchase body armor, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Washington State
In Washington, civilians can purchase body armor legally, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
West Virginia
In West Virginia, it is illegal for a civilian to wear body armor while committing a felony, an element of which is force, the threat of force, physical harm to another or the use or presentment of a firearm or other deadly weapon. This does not affect body armor retailers.
In West Virginia, any civilian can purchase and use a bulletproof vest legally, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
Wisconsin
In Wisconsin, any civilian can purchase and use a bulletproof vest legally, unless that adult has been convicted of a felony. Bulletproof vests and all other body armor can be purchased online or face-to-face.
In Wisconsin, regulations also state donning a bulletproof vest during a felony or attempted felony can lead to an additional felony conviction, or added years to the final prison sentence. This law affects certain individuals who might purchase and wear bulletproof vests but does not affect retailers.
Wyoming
In Wyoming, any civilians can purchase and use a bulletproof vest legally, unless he or she has been convicted of a felony. Bulletproof vests and all other body armor can be legally purchased both online or face-to-face.
Understand how state and federal laws on bulletproof vests, or body armor, apply to private citizens.
A bulletproof vest, or body armor, is typically worn over the torso to protect the body from small-arms fire and light shrapnel from explosive devices. These vests are often worn by the military, law enforcement officials, and hostage negotiators in situations where a suspect may have a firearm or other destructive device. Private citizens, such as hunters, gun store owners, and convenience store clerks, also use them. And so do criminals, hence this article.
In this article, we review federal and state laws that regulate the possession and use of bulletproof vests (body armor) by private citizens. We use the terms "bulletproof vest" and "body armor" interchangeably. Most laws use the term "body armor."
Are Bulletproof Vests Legal?
The answer to this question depends on your state laws, your criminal history (do you have any criminal convictions), and your intent in possessing or using the vest. Federal law may also come into play.
In most states, it's legal to possess, buy, or wear a bulletproof vest as long as you've never been convicted of a crime or felony and don't intend to use the vest while committing a crime. One key exception is New York, which makes it illegal for any person who's not working in an "eligible profession" to buy or take possession of a body vest. Eligible professions include peace officers and persons in military service. (N.Y. Penal Code § 270.21 ().)
Federal law prohibits "violent felons"&#;those with prior felony convictions for violent crimes&#;from possessing, owning, or purchasing body armor.
State and federal laws are constantly changing. It's always a good idea to check the most recent version of the law or consult an attorney if you have questions.
Is It Legal to Wear Body Armor in Public?
Legally owning or possessing a bulletproof vest or body armor doesn't necessarily mean you can wear it anywhere you want. A few states prohibit wearing bulletproof vests in certain places or while in possession of a weapon. For instance, Louisiana makes it a crime to wear or possess body armor on school property, at school-sponsored events, or in firearm-free zones (with exceptions for law enforcement and other approved officials). Illinois makes it a crime to wear body armor while in possession of a dangerous weapon.
In addition to state and federal laws, you should check local regulations (such as city ordinances) and security regulations for prohibited items before donning a vest in public.
(720 I.L.C.S. § 5/33f-2; La. Rev. Stat. § 14:95.9 ().)
State Laws Regulating Possession or Use of Bulletproof Vests
While laws vary, most states' prohibitions on possessing, buying, or using (wearing) a bulletproof vest apply in the following situations:
- the individual has been convicted of any crime, a felony, or a crime of violence, or
- the individual wears the vest while committing, or attempting to commit, a crime or felony.
Common Restrictions and Prohibitions
You'll want to check out the specifics in your state, but here are a few examples of how the above situations work in law.
Prior convictions. Some states make it a crime for any person with a prior "felony" conviction to possess, buy, or use body armor. In other states, the prohibition might apply to individuals who have a prior conviction for any crime (felonies and misdemeanors), only crimes of violence (usually defined by law), or only those crimes listed in the statute.
While committing a crime. The same differences hold true for state laws that prohibit wearing body armor while committing or attempting to commit a "crime." Some laws identify specific crimes (such as robbery, murder, and burglary), while others make it a violation only if the crime committed while wearing the vest is a felony or a violent crime (felony or misdemeanor).
State Penalties for Illegal Possession or Use of Bulletproof Vests
The penalties among states vary. Some states make it a separate crime&#;a felony or misdemeanor&#;for illegal possession or use of body armor by a prohibited person or while committing a crime.
In other states, if the violation involves wearing body armor in the commission of the crime, the penalty for the underlying crime increases. For instance, a law might increase the felony class for armed robbery from a class 2 to a class 1 felony if the suspect wore a bulletproof vest during the robbery. Other ways a state law can increase penalties for the underlying offense are by imposing a mandatory minimum sentence or tacking additional years onto the sentence.
Federal Laws Regulating Body Armor
Federal law makes it illegal for anyone who's been convicted of a felony crime of violence (state or federal) to purchase, own, or possess body armor (except in cases where it's necessary for a job and approved by the employer). A "crime of violence" is any felony that involves the use, attempted use, or threat of physical force against another person or property. A person convicted of illegally purchasing, owning, or possessing body armor faces up to three years in federal prison. (18 U.S.C. §§ 924, 931 ().)
Another federal law provides a sentencing enhancement for use of a vest during the commission of a federal crime of violence or a federal drug-trafficking crime. This provision applies to sentencing under the federal sentencing guidelines. (34 U.S.C. § ().)
Why Can't Felons Own Body Armor or Bulletproof Vests?
The rationale for prohibiting many felons from possessing body armor or bulletproof vests is similar to that of prohibiting felons from possessing firearms. These laws aim to protect public and officer safety by keeping "weapons" away from those who've shown they're capable of committing a crime.
Take the federal sentencing enhancement law, for example. It states: "Congress finds that (1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear...." (34 U.S.C. § () (emphasis added).)
While one can argue body armor, in and of itself, isn't "assault gear" or "weaponry," as you can see from the discussion of state law above, the federal law's reasoning tends to prevail at the state level as well.
Talk to a Lawyer
If you're facing criminal charges relating to the possession or use of body armor, contact a criminal defense attorney right away. For federal charges, you'll want to make sure you contact an attorney who practices in federal court and defends these types of cases.
You might also want to talk to an attorney for more information on your state's laws or restrictions on buying or wearing a bulletproof vest.
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