You would agree that in a perfect world, there would be no limitations on the type or amount of products you can purchase to keep yourself safe. We have but one life and just a single instance of death is somewhat problematic for humans.
Moreover, our right to life is enshrined in the Declaration of Independence as inalienable. That means we couldn’t give up that right to life even if we wanted to do so. The right to life guides what we do here at MIRA Safety and the reality is that some states make that easier on us than others when it comes to body armor.
As a result, we’d like to walk you through the various state and federal regulations that govern the sale and possession of body armor. This helpful guide will allow you to make an informed decision about your purchase of body armor and as knowledge is power, let’s get started right away.
What is Body Armor, and Who Can Buy It? Who Can Legally Buy Body Armor? How Is Body Armor Regulated by Federal Law? What Does the Federal Body Armor Law Prohibit? What are the Laws by State Regarding Body Armor? States with Strict Body Armor Laws Are There Restrictions on Wearing Body Armor in Public? Consequences of Illegal Use of Body Armor The Bottom LineTable of Contents
What is Body Armor, and Who Can Buy It?
First let’s cover the basics. According to 18 U.S. Code 931, body armor is defined as any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
Definition of Body Armor
Now that we've given you the official definition of body armor, let's talk about how we define body armor. To the team here at MIRA Safety, body armor is the logical conclusion a person would make if they don't want to die from a bullet wound.
Body armor consists of vests and all other body products that can protect you in case of a direct attack, whether from a gun or a knife. The MIRA Tactical Level 4 Body Armor Plate is lightweight and can be neatly inserted in a vest to ensure freedom of movement, while offering protection.
While body armor can be bought online and is easy to use, it does not turn you into an invincible juggernaut. It protects your vital organs which is a logical desired outcome. However, if you want to purchase and use a bulletproof vest, there are a few things you need to know.
Source: MIRA Safety
Who Can Legally Buy Body Armor?
We'll get into the details of each state later in the article, but there are three general categories of people who can and cannot buy body armor. The first is those involved in safety and security operations such as law enforcement. They can in every case, even in states with highly restrictive laws, buy body armor. We sell to those individuals and wish them Godspeed on the good work they do.
The next category is convicted felons. Many states, even Texas, prohibit convicted felons from purchasing body armor. You'll have to check your state individually to know if that applies to you.
Finally, you have your average law abiding citizen. In every state, with the exception of New York, the average citizen can purchase body armor. Laws change regularly and depending on the timing of publication, you'll want to double check the accuracy of that statement in the future.
Body Armor for Civilians: Legal or Illegal?
The broad consensus is that for most civilians, it is legal to purchase body armor in the United States. However, the laws get more complicated when you take into account actions committed while wearing body armor. For instance, wearing body armor while committing a crime in California can add years to your sentence. In Topeka, Kansas, they make it illegal to wear body armor during a protest or rally.
How Is Body Armor Regulated by Federal Law?
As mentioned earlier, federal law regulates body armor under 18 U.S.C 931. However, the lack of specificity in the law leads to the wide range of body armor laws from state to state. One really does have to look at their individual state to know how the applicable laws will affect their decision to purchase and wear body armor.
Federal Body Armor Law Overview
Where federal law weighs in on one's ability to possess body armor is regarding felons who have been convicted of a violent crime under federal law or one under state law that would constitute a crime of violence. Additionally, body armor laws at the federal level are routinely offered up from time to time. Again, always check the latest updates.
It offers the exception that if the purchase or possession was pursuant to lawful business activities, owning body armor will be allowed. For example a convicted felon now working as a security guard many years or decades after the crime may need to wear a bulletproof vest. The use would have to be limited to the performance of those duties and proof would be needed.
What Does the Federal Body Armor Law Prohibit?
The federal law only offers prohibition for persons convicted of federal or violent felony under state law. Everyone else is free and clear. There is a common misguided notion that body armor legislation is somehow connected to federal firearms legislation. This is not true as body armor is a class in and of itself.
There is body armor designed to absorb the impact of a bullet and there is body armor designed to stop stabs and spikes. However, because most body armor that is designed to stop stabs and spikes can also stop low velocity handgun rounds, it is likely that it would be viewed under the federal definition of body armor.
Implications of Federal Body Armor Regulations
If you are a convicted felon of a violent crime, then it is an additional felony to wear body armor. Again, there are some good men and women who made mistakes and have faithfully served their time. It is a shame that they can't pick up bulletproof body armor without committing another crime, but that is the law as it stands. For the rest of America, federal legislation puts you in the clear and it is only the state laws that you now have to contend with.
What are the Laws by State Regarding Body Armor?
The sale or delivery of body armor is primarily regulated at the state level and that's what we are going to focus on here. We're not going to get into the minute details of every state, but we will give you a link at the end of the article to a helpful interactive chart. For the purpose of this article, we're going to focus on outliers with unique laws and regulations.
Different State Laws on Body Armor
Maryland is unique in that person's convicted of a violent felon may petition the secretary of the Maryland state to obtain body armor. Not all states allow for such an exception. One must complete an application with the Maryland state police and if approved, you will receive a permit that you must keep. Wearing body armor without a permit issued will land you in hot water considering the reason you needed a permit to begin with was that you are already a felon.
In Connecticut, armor may only be purchased in person, which does affect body armor retailers as they can't sell online. They clarify that body armor is material designed to be worn on the body to provide penetration resistance from a bullet or projectile. To clarify, while you are allowed to wear body armor like many states, you just can't buy it online.
States with Strict Body Armor Laws
Hands down, the state with strictest laws around bullet proof vests is New York. In most cases it is unlawful to sell or deliver or even exchange body armor or similar items. The law states that exceptions can be made for those in peacekeeping professions such as law enforcement and active military. So, officials who buy body armor or a body vest should really not experience any issues.
There are no additional body armor laws that are worth mentioning, as they are fairly standard across all states.
States Where It is Legal to Own and Wear Body Armor
The quick summary is that in 48 states you can purchase armor and that armor can be purchased online. In Connecticut, body armor can be purchased in person only. In New York, body armor and bulletproof vests are only allowable for law enforcement and those in similar roles. Where states begin to diverge from one another are on the use and wear in public.
Are There Restrictions on Wearing Body Armor in Public?
Many states offer up the prohibition of felons to possess or wear body armor and even impose a higher sentence if you wear bulletproof armor while committing a felony. However, a few states make it a felony or increase penalties if a person wears body armor during the commission of a crime. States like West Virginia and Wisconsin state that a person can be charged separately for wearing bullet proof vests while carrying out criminal acts.
Public Use of Body Armor: Legalities
In most places where you can purchase and wear body armor, it is legal for civilians to do so anywhere in that state without restriction. Just don't commit a crime while doing so and you can wear bulletproof vests with no problem. That's helpful as it is quite difficult to predict when and where one may get shot.
Then, there is the example of Topeka, Kansas that we shared earlier. There it is illegal to wear or possess bulletproof vests during protests, parades, rallies, assemblies, and demonstrations. We think that is an absurd restriction on one's legal right as navigating your way through a spontaneous protest might be the exact time you need a little extra protection.
Restrictions on Wearing Body Armor in Certain Places
Finally, in certain states it is prohibited to wear body armor for personal protection in certain specific locations. For example, Washington Annotated Code 516-52-020 defines body armor plates as an armament and as such, prohibits that armor on school property. Louisiana also prohibits wearing body armor designed to stop bullets from school grounds.
Consequences of Illegal Use of Body Armor
Finally, where we see the most variation in body armor laws by state comes how legal penalties are enforced. Not every state tacks on the extra penalties if someone is wearing body armor while in possession of a firearm or committing a firearm. In other states, the extra penalties only come if the crime is violent in nature or a felony itself.
Legal Penalties for Unlawful Use of Body Armor
In Arizona and Arkansas, it is a class 4 felony to commit a felony while donning a bulletproof vest. In Florida, it is a third degree felony to commit crimes like murder, robbery, and kidnapping while equipped with body armor. Tennessee makes it a class E felony to use a bulletproof vest while committing most other felonies.
As mentioned earlier, these details can vary wildly in all 50 states. Because you made it to the end of the article, we'll reward you with this body armor by state guide put together by word population review. Always do your research as laws are always on the move.
Cases Involving the Use of Body Armor During Crimes
We firmly believe in a citizen's legal right to purchase and wear whatever they think will help keep them alive. Again, the right to life is inalienable. However, we do acknowledge the sight of armor can scare some people who've seen them used while committing heinous crimes.
The school shooter in Uvalde, Texas, had it. The theater shooter in Aurora, Colorado, had it. It is genuinely sad that one intentionally uses body armor to take life when the product was designed to save lives. We have no pity or compassion for those who commit a crime while wearing a bulletproof vest. If someone does that we pray that law enforcement's aim is true and accurate to put down that threat.
How Does Body Armor Use Affect Sentencing?
Because we have no pity for such individuals, we'll end this article by saying states have our permission to pile on the years served when someone breaks the law wearing our products. We design our products for law abiding citizens and those who take to the streets every day to protect us. Don't purchase our body armor unless you love this nation and the citizens who dwell within. May God bless you all and let's stay safe together.
The Bottom Line
Wearing body armor is your right, but we recommend that you go through your state laws carefully before putting it on. At MIRA Safety, we offer the best in terms of body protection, including both soft and hard body armor that’s rated to protect you against all sorts of attacks.