Is It Legal to Own or Wear a Bulletproof Vest?

29 Jul.,2024

 

Is It Legal to Own or Wear a Bulletproof Vest?

Understand how state and federal laws on bulletproof vests, or body armor, apply to private citizens.

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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.

Keep Checking State and Federal Laws

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.

Body Armor is Legal in Which States?

(Updated 07/01/22)

Ballistic protection is crucial if you're a recreational shooter, work in law enforcement or security, or want to be safe out in public in case of shootings. At Bulletproof Zone, we're proud to be the link between you and that life-saving gear. 

But is it legal to own body armor?

Buying and wearing body armor is legal on the federal level in the United States, but some states have specific laws concerning the buying and selling of these products.

In this article, we're looking at the legal status of buying and wearing body armor in every state in the USA. 

Basic Overview of Federal Body Armor Laws

Here are the basics of body armor federal legislation you should remember:

Who can buy body armor?

Per Section 931 of title 18, United States Code, any US citizen who is 18 or older and has not been convicted of a felony that constitutes a crime of violence can purchase and wear body armor in the USA. 

There are some cases where a convicted felon may be allowed body armor for work with permission from the appropriate authorities.

Where can you buy body armor?

  • Body armor can be purchased by anyone in face-to-face transactions in all 50 states. However, some states have laws in place that only allow law enforcement officers, government officials, or other fields specified by the department state.

  • Body armor can be bought at gun shows, stores, websites, through catalogs, or over the .

Where can you NOT buy or sell body armor?

  • You cannot take, ship, send, or bring body armor outside the US without federal permission.

  • Body armor cannot be shipped to addresses in Connecticut and New York.

Can you wear body armor at 17 years old?

If you're under 18, you must receive written permission from your local police department to purchase body armor. 

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 are allowed to handle body armor laws in 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.

If you&#;re in Topeka, Kansas, for instance, it&#;s not legal for citizens to wear a bulletproof vest during certain public gatherings like protests or parades.

Always know the laws of any state where you want to wear body armor! 

Specific Laws by State

Alabama

There are no extra body armor regulations in Alabama besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Alaska

There are no extra body armor regulations in Alaska besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Arizona

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Like most states, Arizona has body armor laws that make it illegal to wear body armor when committing a crime. This doesn&#;t affect retailers of body armor. 

Arkansas

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Possessing body armor is a Class A misdemeanor in Arkansas if you are convicted of manslaughter, murder, assault, aggravated robbery, or battery. This law doesn&#;t affect retailers of body armor. 

California

There are no extra body armor regulations in California besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Colorado

There are no extra body armor regulations in Colorado besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Connecticut

Connecticut&#;s body armor laws are the strictest in the US. Body armor can only be bought and sold there in face-to-face transactions. This means any online seller of body armor is prohibited from selling to Connecticut residents. 

Delivering or selling body armor to a Connecticut resident without personally meeting to complete the delivery or sale constitutes a Class B misdemeanor punishable by 6-month imprisonment, a $1,000 fine, or both. 

People or entities exempt from this law include:

  • Sworn members or authorized officials of the State Police, local police departments, Board of Parole or Pardons, and the Division of Criminal Justice;

  • Authorized officials of the Department of Administrative Services or municipals who purchase body armor for agencies mentioned above;

  • Armed forces or National Guard members;

  • Authorized officials of the Judicial Branch who purchase body armor for probation officers.

Delaware

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Like most states, Delaware has body armor laws that make it illegal to wear body armor when committing a crime. This doesn't affect retailers of body armor.

Florida

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Like most states, Florida has body armor laws that make it illegal to wear body armor when committing a crime. This doesn't affect retailers of body armor.

Georgia

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Georgia, like most states, has a law in place that makes wearing body armor illegal while trafficking drugs or during commission of violent crimes. This doesn't affect retailers of body armor.

Hawaii

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Like most states, Hawaii has body armor laws that make it illegal to wear body armor when committing a crime. This doesn't affect retailers of body armor.

Idaho

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Like most states, Idaho has body armor laws that make it illegal to wear body armor when committing a crime. This doesn't affect retailers of body armor.

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Illinois

There are no additional body armor laws in Illinois in relation to retailers. Anyone can buy and use bulletproof vest in Illinois except those with a felony conviction. Bulletproof vests and other body armor can be bought face to face or online. However,  individuals are not allowed to wear body armor when in possession of dangerous weapons other than firearms during attempted commission or commission of any offense. Unlawful body armor use is a Class A misdemeanor.

Indiana

Anyone can buy and use body armor in Indiana except those with a felony conviction. Bulletproof vests and other body armor can be bought face to face or online. People who intentionally or knowingly use body armor when committing a felony are committing unlawful body armor use, which is a Class D felony. The new law states that people who intentionally or knowingly use body armor when committing a felony commit unlawful body armor use, which is a Level 6 felony. The law doesn&#;t affect retailers, only individuals.

Iowa

There are no extra body armor regulations in Iowa besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Kansas

Anyone can buy and use a bulletproof vest and other body armor in Kansas except those with a felony conviction. Body armor can be bought face to face or online. In Topeka City, Kansas, it is not legal to carry, wear, or possess bulletproof vests during parades, rallies, demonstrations, assemblies, and protests. The statute doesn&#;t affect retailers.

Kentucky

There are no extra body armor regulations in Kentucky besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Louisiana

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Body armor laws in Louisiana state that it is not legal to wear body armor on school property or a campus or during commission of a crime. This doesn't affect retailers of body armor.

Maine

There are no extra body armor regulations in Maine besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Maryland

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Body armor laws in Maryland mandate that anyone with a prior conviction for drug trafficking or a crime of violence is not allowed to possess, purchase, or use bulletproof body armor without a permit issued by the Secretary of the Maryland State Police.

People with a prior conviction for drug trafficking or a crime of violence may, with good cause shown, file a petition with the Secretary for permit to purchase, possess, and use bulletproof body armor.

Massachusetts

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Massachusetts, like most states, has body armor laws that make it a felony to wear body armor when committing a crime. 

Michigan

There are no extra body armor regulations in Michigan besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Minnesota

There are no extra body armor regulations in Minnesota besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Mississippi

There are no extra body armor regulations in Mississippi besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Missouri

There are no extra body armor regulations in Missouri besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Montana

There are no extra body armor regulations in Montana besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Nebraska

There are no extra body armor regulations in Nebraska besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Nevada

There are no extra body armor regulations in Nevada besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

New Hampshire

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

In New Hampshire, a person attempting to commit any felony while wearing or using body armor will be considered guilty of a Class B felony.

New Jersey

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Wearing body armor while carrying out a criminal act constitutes a crime in itself in New Jersey and will result in separate criminal charges such as more fines and time served. 

New Mexico

There are no extra body armor regulations in New Mexico besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

New York

In response to the mass shootings in Buffalo, New York, and Uvalde, Texas, Gov. Kathy Hochul signed Senate Bill SB on June 6, which  "relates to the unlawful purchase and sale or delivery of a body vest".

The law took full effect on July 5, .

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 will be prohibited under the new law. The only exceptions would be for those who work in the military, law enforcement, or other fields specified by the department of state.

Body vest sales must be made in person in order to complete the sale and delivery; online transactions are not permitted.

The first offense would mean a class A misdemeanor and subsequent offenses will be constituted as class E felony.

Body armor vendors who engage in the illegal sale and delivery of body vests to anyone who is not employed in an eligible profession, will also face a civil penalty of $5,000 for the first offense and $10,000 for subsequent offenses.

North Carolina

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. North Carolina, like most states, has body armor laws that make it a felony to wear body armor when committing a crime. 

North Dakota

There are no extra body armor regulations in North Dakota besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Ohio

There are no extra body armor regulations in Ohio besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Oklahoma

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online. Oklahoma, like most states, has body armor laws that make it a felony to wear body armor when committing a crime. 

Oregon

There are no extra body armor regulations in Oregon besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Pennsylvania

There are no extra body armor regulations in Pennsylvania besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Rhode Island

Adults in Rhode Island can buy and use bulletproof vests and other body armor, except adults with violent felony convictions. Body armor can be bought face to face or online.

South Carolina

Adults in South Carolina can buy and use bulletproof vests and other body armor, except adults with violent felony convictions. Body armor can be bought face to face or online.

Like most states, South Carolina has body armor laws that make it illegal to wear body armor when committing a crime. This doesn't affect retailers of body armor.

South Dakota

There are no extra body armor regulations in South Dakota besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Tennessee

Adults in Tennessee can buy and use bulletproof vests and other body armor, except adults with violent felony convictions. Body armor can be bought face to face or online.

Like most states, Tennessee has body armor laws that make it illegal (a Class E felony in this case) to wear body armor when committing a crime. This doesn't affect retailers of body armor.

Texas

There are no extra body armor regulations in Texas besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Utah

There are no extra body armor regulations in Utah besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Vermont

There are no extra body armor regulations in Vermont besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Virginia

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Anybody who commits a violent felony in Virginia and who has a knife or firearm in their possession while wearing body armor intended to minimize the effects of projectile or ballistic impacts will be guilty of a Class 4 felony. This law impacts individuals and not retailers. 

Washington State

There are no extra body armor regulations in the state of Washington besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

West Virginia

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Anybody wearing or equipped with body armor while committing a violent felony offense that contains an element of force&#;either the threat of force, inflicting physical harm, or presenting or using firearms or other deadly weapons&#; are guilty of a felony. This law impacts individuals and not retailers. 

Wisconsin

Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

Like most states, Wisconsin has body armor laws that make it illegal to wear body armor when committing a felony. Doing so can constitute an additional felony conviction with extra time added to the resulting prison sentence. This law affects individuals and not retailers.

Wyoming

There are no extra body armor regulations in the state of Wyoming besides the federal laws. Adults can buy and use bulletproof vests and other body armor, except adults with felony convictions. Body armor can be bought face to face or online.

*Washington, D.C.

There are no extra body armor regulations in Washington, D.C. besides the federal laws. Bulletproof vests and other body armor are legal for adults to purchase and wear, with certain specific exceptions, e.g. adults with felony convictions. Body armor can be bought face to face or online.

Body Armor Legality in Other Countries

  • Australia

    &#; Possession of body armor without authorization is prohibited in particular territories including New South Wales, Queensland, ACT, Northern Territory, Victoria, and South Australia.

  • The UK

    &#; There are no restrictions on buying or owning body armor in the UK at this time.

  • The European Union

    &#; Ballistic protection designated as

    military armament

    is forbidden to civilians. Generally, this means hard armor and not soft, flexible vests. However, each member nation of the EU sets its own body armor laws.  

  • Canada

    &#; Body armor is legal in all Canadian provinces and territories except for Nova Scotia, British Columbia, Alberta, and Manitoba. In these four places, you must possess either a Law Enforcement, Security Guard, Firearms License, or Body Armour Permit ID to use body armor.

Disclaimer

We do our best to update this article immediately as new laws are passed, but it&#;s ultimately your responsibility to make sure you&#;re following the law. Always check with your local regulatory departments for more information on specific body armor laws in your area.  

Conclusion

For more information on the different types of body armor available and how they vary in performance, visit our blog on the different types of body armor.  

When you're ready to buy, view our extensive catalog from many reputable manufacturers including plate carriers, armor plates, and even bulletproof clothing. 

Questions? Comments? Feel free to contact us, and we can help you find the armor loadout best suited to you! 

Contact us to discuss your requirements of Bulletproof Stab Proof Vest. Our experienced sales team can help you identify the options that best suit your needs.