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Legality of Body Armor / Ballistic Vests

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  • BlackReef
    Veteran Member
    • Apr 2007
    • 3616

    Legality of Body Armor / Ballistic Vests

    So I've been doing all this research the last couple of days on MOLLE Plate Carriers and Rifle plates for SHTF situations.

    Talked to a LEO family friend earlier and he told me that it's a felony to have any of that stuff as a civilian. I asked for PC and he couldn't tell me. Then he started to change his tone and told me that it might be illegal ONLY if you are a felon.

    Could someone share details on this please?

    Thanks
  • #2
    NeoWeird
    Veteran Member
    • Dec 2005
    • 3342

    Perfectly legal to own as a civilian.

    Felons and people on probation (I believe) can not have them.

    If wearing armor in the comission of a felony, it's an additional felony.
    quemadmodum gladius neminem occidit, occidentis telum est. - Lucius Annaeus
    a sword never kills anybody; it's a tool in the killer's hand.

    Comment

    • #3
      CalNRA
      Calguns Addict
      • Apr 2006
      • 8686

      Originally posted by King$nake
      So I've been doing all this research the last couple of days on MOLLE Plate Carriers and Rifle plates for SHTF situations.

      Talked to a LEO family friend earlier and he told me that it's a felony to have any of that stuff as a civilian. I asked for PC and he couldn't tell me. Then he started to change his tone and told me that it might be illegal ONLY if you are a felon.

      Could someone share details on this please?

      Thanks
      no penal code, not illegal.

      Originally posted by cvigue
      This is not rocket surgery.

      Comment

      • #4
        Matt C
        Calguns Addict
        • Feb 2006
        • 7128

        Originally posted by NeoWeird
        Perfectly legal to own as a civilian.

        Felons and people on probation (I believe) can not have them.

        If wearing armor in the comission of a felony, it's an additional felony.
        Also IIRC it bumps a Misdemeanor up to a Felony. Also, it has to be a "violent" felony to incur a prohibition.
        Last edited by Matt C; 11-02-2008, 1:23 AM.
        I do not provide legal services or practice law (yet).

        The troublemaker formerly known as Blackwater OPS.

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44626

          Originally posted by NeoWeird
          Perfectly legal to own as a civilian.

          Felons and people on probation (I believe) can not have them.

          If wearing armor in the comission of a felony, it's an additional felony.
          Right, on felons, but it's a sentence enhancement for wearing it while committing a 'violent offense' :
          12022.2. (a) Any person who, while armed with a firearm ...
          (b) Any person who wears a body vest in the commission or
          attempted commission of a violent offense, as defined in subdivision
          (b) of Section 12021.1, shall, upon conviction of that felony or
          attempted felony, in addition and consecutive to the punishment
          prescribed for the felony or attempted felony of which he or she has
          been convicted, be punished by an additional term of one, two, or
          five years.
          The court shall order the middle term unless there are
          circumstances in aggravation or mitigation. The court shall state
          the reasons for its enhancement choice on the record at the time of
          the sentence.
          (c) As used in this section, "body vest" means any
          bullet-resistant material intended to provide ballistic and trauma
          protection for the wearer.

          12370. (a) Any person who has been convicted of a violent felony,
          as defined in subdivision (c) of Section 667.5, under the laws of the
          United States, the State of California, or any other state,
          government, or country, who purchases, owns, or possesses body armor,
          as defined by Section 942 of Title 11 of the California Code of
          Regulations, except as authorized under subdivision (b), is guilty of
          a felony, punishable by imprisonment in a state prison for 16
          months, or two or three years.
          Other than that, no restriction in state law. Manufacturers seem sometimes to prefer to keep sales only to LEO.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #6
            SJgunguy24
            I need a LIFE!!
            • May 2008
            • 14849

            If you can buy a handgun, you can buy body armor. That is the easiest way to explain it.
            There are 3 kinds of people in this world.
            The wise, learn from the mistakes of others.
            The smart, learn from their own mistakes.
            The others, well......they just never learn.

            "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
            Patrick Henry.

            Comment

            • #7
              hawk81
              Banned
              • Dec 2007
              • 1489

              I guess the cop can't have body armor either, since he is also a civilian. Cops are not the military, they are civilian law enforcement. Oh and you can own body armor.

              Comment

              • #8
                Max-the-Silent
                Senior Member
                • Sep 2007
                • 786

                If you're not a felon and not wearing armor during the commission of a criminal act, there is no law against purchase/possession/wearing of body armor by civilians.

                If you come across military body armor for sale, it could be that said armor was "liberated" and would be considered stolen property, but that's a different issue.

                Comment

                • #9
                  Miltiades
                  Senior Member
                  • Dec 2006
                  • 1148

                  Avoiding bullets

                  Originally posted by King$nake
                  Talked to a LEO family friend earlier and he told me that it's a felony to have any of that stuff as a civilian.
                  You should have asked the LEO if it is also a felony to stand behind a brick wall, which has the same bullet deflecting effect.

                  Comment

                  • #10
                    DDRH
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Mar 2008
                    • 2756

                    Originally posted by Miltiades
                    You should have asked the LEO if it is also a felony to stand behind a brick wall, which has the same bullet deflecting effect.


                    Comment

                    • #11
                      dadoody
                      I need a LIFE!!
                      • Oct 2005
                      • 14692

                      Originally posted by King$nake
                      So I've been doing all this research the last couple of days on MOLLE Plate Carriers and Rifle plates for SHTF situations.

                      Talked to a LEO family friend earlier and he told me that it's a felony to have any of that stuff as a civilian. I asked for PC and he couldn't tell me. Then he started to change his tone and told me that it might be illegal ONLY if you are a felon.

                      Could someone share details on this please?

                      Thanks

                      Armor is legal except for felons. No armor 4 felons ;__;
                      FUS RO DAH! ==== ┻━┻

                      Comment

                      • #12
                        Jpach
                        Veteran Member
                        • Oct 2007
                        • 4707

                        So what your saying is that I shouldnt wear my body armor while selling bootleg videos that I made myself while also wearing body armor?
                        PM or Email me if you have questions: Jpach89@gmail.com

                        Check out my LMT .308 AR
                        Originally posted by kotton
                        I have to try that method of attaching the front of a sling to the gun via pubic hair.
                        Originally posted by bomb_on_bus
                        Best part of buying that stock is it comes with its own complimentary jar of anal lube! There were several flavors to choose from, regular, hot cinnamon, or bacon. Im a man of danger so I chose Hot cinnamon to use with my bump fire buttstock.

                        Comment

                        • #13
                          Matt C
                          Calguns Addict
                          • Feb 2006
                          • 7128

                          Originally posted by Jpach
                          So what your saying is that I shouldnt wear my body armor while selling bootleg videos that I made myself while also wearing body armor?
                          Or say, parking in a handicapped spot. Kinda would be funny to catch a felony for that though, imagine telling the other guys in prison what you did...
                          I do not provide legal services or practice law (yet).

                          The troublemaker formerly known as Blackwater OPS.

                          Comment

                          • #14
                            leelaw
                            Junior Member
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 10445

                            Originally posted by Blackwater OPS
                            Originally posted by Jpach
                            So what your saying is that I shouldnt wear my body armor while selling bootleg videos that I made myself while also wearing body armor?
                            Or say, parking in a handicapped spot. Kinda would be funny to catch a felony for that though, imagine telling the other guys in prison what you did...
                            Neither of those are violent crime, and one is an infraction.

                            They are not eligible for the sentence enhancement of wearing body armor while committing specific violent crimes.

                            Comment

                            • #15
                              savs2k
                              Senior Member
                              • Jan 2007
                              • 1807

                              i heard body armor expires is this true and if so why? They might have been messing around with me though. Never looked into it.

                              Comment

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