Intro to California Body Armor Laws
Body armor is not something that just law enforcement and military personnel wear anymore. Now, with gun violence still prevalent across the country, civilians also wear body armor – which adds a layer of protection from gunfire. You may have heard of "bulletproof" vests.
The California legislature decided that having products designed to protect a person from a bullet should be regulated. And so, on January 1, 2016, a new section was added to the Penal Code with respect to body armor.
The legislative intent for this change appears to be to protect police officers , who face serious threats when they encounter individuals wearing concealable body armor, by making it a crime for civilians to be in possession of body armor in certain situations. Prior to passing the law, the legislature considered the fact that only police officers and other peace officers had the prior "right" to wear body armor in so-called "high risk" situations. However, individuals with felonies on their criminal records were excluded from wearing body armor, unless they had special permission, such as being a law enforcement employee.
Who Can Legally Possess Body Armor in California?
The eligibility to own body armor in California is governed by a list of disqualifiers. First, California Penal Code 16700 (c) states that any "violent felon" is not allowed to buy or possess body armor. A "violent felon" is defined very specifically so the term usually refers to individuals sentenced to prison rather than those sentenced to jail. Some of the disqualifiers include repeatedly committing the following felonies:
A person is also prohibited from purchasing or possessing body armor if they are on probation for any felony. Additionally, anyone convicted of a misdemeanor involving assault, battery or domestic violence is prohibited from owning body armor unless that charge has been expunged.
Penalties for Possession is Interdicted
The purchase, sale, manufacture, and delivery of body armor are strictly regulated in the state of California. The state legislature seeks to monitor the distribution and use of body armor, as it is a protective garment that can easily be concealed and can act to embolden the user when going into dangerous situations. Although the possession of body armor by itself is not illegal, there are strong restrictions on those who already have a criminal record. Those prohibited from possessing body armor in California are:
- Anyone convicted of a felony.
- Anyone convicted of a misdemeanor crime with a firearm.
- Anyone accused of making criminal threats.
- Anyone convicted of any crime involving assault or assault with a deadly weapon.
- Anyone convicted of sexual assault.
California Penal Code § 12320(e) stipulates that the above persons may possess body armor if they have received prior written consent from local law enforcement. However, the person must be actively enrolled in a job training program that involves work that would require wearing body armor, or be a current participant in a structured rehabilitation program that includes work that would involve wearing body armor. Violating body armor regulations in California results in stringent penalties. It is a crime to sell, deliver, give, or lend a protective garment to a person who is prohibited from possessing body armor anywhere in the state. A first conviction is a misdemeanor charge, but all subsequent violations become a straight one-year felony.
Exemptions to California Body Armor Laws
California law also contains exemptions to its general restriction. Law enforcement officers, military personnel and authorized members of the Department of Justice are exempt from the law. For purposes of the law, "law enforcement officer" means: "If it is determined that the possession, purchase, or receipt of body armor by any of the individuals specified in this paragraph would be for the primary purpose of personal self-protection or protection of another by that individual, that possession, purchase, or receipt is exempt." In other words, if you are an active law enforcement officer of a federal, state or local agency, you are exempted from the law’s prohibitions. If you are a "member of the military" you should consider yourself exempt if you have "authorization from the United States Department of Defense to purchase, possess, or receive body armor." Members of the Department of Justice who have an official need to use body armor are also exempt. "For purposes of this subdivision, ’employee of the Department of Justice’ includes, but is not limited to, criminal investigators, deputy district attorneys, attorney general investigators, child support officers, and Bureau of Narcotic Enforcement Agents."
Comparative Analysis of California’s Body Armor Laws
In the area of body armor regulation, California has taken a moderately unique approach. As is the case for most state body armor laws and restrictions, California prohibits convicted felons from possessing body armor. On the state level, and in the context of civilian body armor, California has no further regulations. Locally, however, Los Angeles prohibits the manufacture and sale of "concealable body armor," while Santa Cruz requires a certificate to sell body armor in a retail establishment. Both restrictions uniquely differentiate between "olive drab, camouflage, or patterned material" and "black, white, red, blue, yellow, green, brown, gray or other solid color material."
Aside from California, 11 other states have restricted the civilian use of body armor. Some more broadly apply the prohibition simply to "armor," while others only allow the regulation of "body armor" by a court under certain circumstances. In general, there are two primary arguments for restricting civilian access to body armor: one, that law enforcement cannot identify an attacker under camouflage or patterned body armor and, two, that body armor is designed with the same purpose as firearms .
The second justification gives rise to a strong argument for questioning the rational basis of body armor regulation. The arguments that body armor, compared to ammunition, makes crime easier or more likely, or is otherwise potentially more dangerous to officers, have very limited evidence supporting them, particularly in the context of civilian use. The bulk of evidence in favor of body armor restrictions focuses on body armor’s use by criminals.
Statistically, however, the risk to police officers from armor isn’t nearly as high as governmental bodies would make it out to be. Armor prevents injuries to officers during altercations, while the officers’ lead exposure risk is easier to manage with proper rotation of armor.
Accordingly, California’s approach to body armor regulation reflects a more moderate stance, primarily limiting ownership to individuals without felony convictions. The difference in California’s approach, as compared to other jurisdictions, may be in recognition of the lack of empirical evidence supporting the high-risk nature of armor in the civilian context.
Modifications and Prospective Regulations
In 2014 and 2015, the legislature introduced several bills to change and clarify the body armor law. All but one effort passed and was signed into law. SB 838, which is part of the "Death Penalty Reform and Savings Implementation Act", made the state’s body armor law applicable to "any person" rather than "any person not prohibited by law" from possessing body armor. AB 706 clarified that the lack of a specific intent requirement was not intended to impose an intent requirement. SB 760 authorized retail stores whose license has been Revoked or Suspended in response to body armor restrictions to seek a petition for reinstatement. AB 883 applies to the Department of Justice with respect to body armor that violates certain sections of the body armor laws. In other words, what should an isolated instance of body armor purchase by a prohibited person result in terms of regulating the business. AB 1341 amended the Penal Code’s body armor laws as well. It requires a person to notify the person’s employer or principal on or before the workday following the person’s delivery or transfer of body armor to say nothing of penalties for violation. And, SB 185 does impose strict liability authority on retailers who fail to meet their requirements for maintaining body armor. Thus, the loose legalese approach did not get cleaned up until these bills dusted off the existing laws and incorporated these new mandates.
FAQs Regarding California Body Armor Laws
Does this bill take effect immediately?
No. This bill is effective January 1, 2024.
The law states that California Penal Code Section 31310 is added to the Penal Code. Does this contain a new definition of body armor?
No. California Penal Code Section 31310 has contained the definition of body armor for many years.
Is the bill an outright ban on the purchase and sale of body armor by non-law enforcement and military personnel?
Yes. The bill prohibits the purchase and sale of body armor to anyone who is not a law enforcement officer, a member of the military or a person working in private security .
What does the law declare about the use of body armor?
The law declares that the use of body armor is a threat to public safety and it tends to aid and abet criminal activity.
Does the law impose civil and criminal penalties for the purchase and sale of body armor to non-law enforcement and military personnel?
Yes. Persons violating the law may be charged with a misdemeanor and subject to civil penalty.
Will all body armor be banned in California?
No. There are many exemptions in the bill for government personnel, military, private security and others.