Legality of Personal Body Armor Ownership and Possession in the United States: Federal and State Regulations

1. Introduction

This report provides a comprehensive analysis of the legal framework governing the purchase, possession, and use of personal body armor within the United States, encompassing both federal statutes and regulations across all 50 states. At the federal level, the ownership and possession of body armor by law-abiding adult citizens are generally permissible without specific permits or background checks. The primary federal restriction is codified in 18 U.S.C. § 931, which explicitly prohibits individuals convicted of a state or federal felony constituting a “crime of violence” (as defined in 18 U.S.C. § 16) from purchasing, owning, or possessing body armor. An affirmative defense exists for employment purposes under specific conditions requiring employer certification. Federal law does not currently restrict ownership based on specific armor protection levels (e.g., NIJ Level III or IV), although such legislation has been proposed. Federal sentencing guidelines provide for enhanced penalties when body armor is actively used during the commission of federal violent crimes or drug trafficking offenses.

State laws exhibit significant variation. While most states permit ownership by law-abiding citizens, nearly all states align with or expand upon the federal prohibition for individuals with felony convictions, particularly violent ones. Many states have enacted specific statutes imposing penalties, often felony charges or sentence enhancements, for wearing or possessing body armor during the commission of certain crimes, frequently focusing on felonies or violent felonies. Restrictions on specific types or levels of body armor are rare at the state level. However, notable regulations concerning the sale and purchase exist in certain jurisdictions. Connecticut uniquely mandates face-to-face transactions for most body armor sales and requires purchasers to hold state firearm/ammunition credentials. New York severely restricts sales and possession to individuals in specific “eligible professions,” also requiring face-to-face transactions. Other states generally allow online and in-person sales to eligible individuals without such procedural hurdles. The legal landscape requires careful consideration of both the overarching federal restrictions and the specific nuances of applicable state law.

2. Federal Regulations on Personal Body Armor

2.1 General Legality and Scope

Under the framework of United States federal law, the purchase, ownership, and wearing of personal body armor are generally legal activities for adult citizens who are not otherwise prohibited by law. Federal statutes do not mandate special paperwork, background checks, or permits for the acquisition of body armor by the general public. This positions body armor primarily as a defensive safety product available to law-abiding individuals seeking personal protection for themselves, their families, or employees. The prevailing federal approach establishes a generally permissive environment for body armor ownership, concentrating restrictions on specific categories of individuals deemed high-risk, rather than implementing broad controls over the equipment itself or the general populace.

A significant aspect of the federal regulatory stance is the placement of legal responsibility squarely on the purchaser. It is the individual buyer’s obligation to ascertain their legal eligibility to purchase and possess body armor, particularly concerning prior felony convictions. Federal law does not typically impose liability on retailers for the subsequent use of body armor after a sale, nor does it mandate retailers to verify the buyer’s legal status beyond potentially requiring affirmation of eligibility. This emphasis on individual compliance contrasts markedly with the point-of-sale controls, such as mandatory background checks through licensed dealers, that characterize federal firearm regulations. Exporting body armor outside the United States without federal permission is prohibited.

2.2 Prohibition for Violent Felons (18 U.S.C. § 931)

The cornerstone of federal body armor regulation is Title 18, United States Code, Section 931. Enacted as part of the 21st Century Department of Justice Appropriations Authorization Act (Pub. L. 107–273), this statute makes it unlawful for any person to purchase, own, or possess body armor if that individual has been convicted of a felony that qualifies as a “crime of violence”. This prohibition applies to convictions under either federal or state law, provided the state offense would constitute a crime of violence if it occurred within federal jurisdiction.

The definition of “crime of violence” is crucial and is provided in 18 U.S.C. § 16. It encompasses: (a) any offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. This definition specifically targets individuals with a documented history of violent conduct, reflecting a legislative judgment about heightened risk associated with access to protective gear for this population. Consequently, individuals convicted of felonies that do not meet this definition (e.g., non-violent offenses such as theft or fraud) are not prohibited from possessing body armor under this specific federal statute, although state laws may impose broader restrictions.

For the purposes of § 931, “body armor” is defined by reference to 18 U.S.C. § 921(a)(35). This definition includes any product sold or offered for sale in interstate or foreign commerce as a personal protective body covering intended to protect against gunfire, irrespective of whether the product is designed to be worn alone or as a complement to other garments or products.

Violation of 18 U.S.C. § 931 is a federal felony punishable by imprisonment for up to three years and substantial fines, potentially up to $250,000. To secure a conviction, the prosecution must prove beyond a reasonable doubt that the defendant knowingly purchased, owned, or possessed body armor, and that the defendant had a prior qualifying conviction for a violent felony. Mere proximity to body armor is insufficient; proof of conscious control or dominion is required. Furthermore, based on interpretations such as that of the Ninth Circuit Court of Appeals, the government must also establish the defendant’s knowledge regarding their felony status and the violent nature (use/attempted use/threatened use of force element) of that prior felony conviction.

An important exception exists within 18 U.S.C. § 931(b) in the form of an affirmative defense for employment purposes. A defendant may avoid conviction if they can demonstrate that: (A) they obtained prior written certification from their employer stating that the purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity, and (B) their actual use and possession were limited to the course of such lawful business performance. The statute defines “employer” to include supervisors or, in their absence, other employees of the business. This defense must be raised and proven by the defendant after charges are filed.

It is important to note the interaction between federal and state law in this area. While § 931 establishes a federal minimum standard, it does not prevent states from enacting laws with broader prohibitions, such as banning body armor possession by individuals convicted of any felony. Additionally, a state’s action to restore an individual’s civil rights, including firearm rights, does not automatically nullify the federal prohibition on body armor possession under § 931 if the underlying conviction meets the federal definition of a “crime of violence”. The federal disability remains unless specifically addressed through federal mechanisms or if the conviction itself is expunged or pardoned in a manner recognized by federal law.

2.3 Sentencing Enhancements for Use During Federal Crimes

Beyond the prohibition on possession by violent felons, federal law addresses the use of body armor during the commission of other federal offenses through sentencing enhancements, reflecting a determination that such use significantly increases the severity of the criminal conduct.

The United States Sentencing Guidelines (USSG) directly address violations of 18 U.S.C. § 931 in §2K2.6 (“Possessing, Purchasing, or Owning Body Armor by Violent Felons”). This guideline assigns a base offense level of 10 for the simple possession, purchase, or ownership prohibited by § 931. However, §2K2.6(b)(1) mandates a 4-level increase to the offense level if the defendant “used” the body armor in connection with another felony offense. The commentary clarifies that “used” in this context requires active employment of the armor to protect against gunfire or its use as a means of bartering; merely possessing the armor (e.g., finding it in a vehicle trunk) without active use is insufficient to trigger this specific 4-level enhancement. This distinction underscores the difference in perceived culpability between prohibited status-based possession and the active utilization of armor to facilitate further criminal acts.

Separately, USSG §3B1.5 (“Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence”) provides for sentencing adjustments when body armor is used in relation to federal drug trafficking crimes or crimes of violence. However, the guidelines specify interaction rules to avoid double counting. If a defendant is convicted only of violating 18 U.S.C. § 931 and receives the 4-level enhancement under §2K2.6(b)(1) for using the armor in connection with another felony, the adjustment under §3B1.5 does not apply to the § 931 sentence. But, if the defendant is convicted of both the § 931 violation and the underlying drug trafficking crime or crime of violence where the armor was used, the §3B1.5 adjustment does apply to the sentence for that underlying drug or violent crime conviction. This ensures that the act of using body armor during specific serious federal crimes results in a significant sentencing consequence, typically applied to the sentence for the more serious underlying offense. Federal law 34 U.S.C. § 10534 also supports sentence enhancements for body armor use in federal crimes of violence or drug trafficking, reflecting congressional findings about the increased danger posed by criminals using such equipment.

2.4 Regulation of Specific Armor Types (NIJ Standards, Lack of Federal Ban on Levels, Proposed Legislation)

The performance of body armor is typically classified according to standards developed by the National Institute of Justice (NIJ), a component of the U.S. Department of Justice. The NIJ standard (currently NIJ Standard-0101.06, with a newer 0101.07 standard emerging) defines specific threat levels (IIA, II, IIIA, III, IV) based on the type and velocity of ammunition the armor is certified to protect against. Level IIA, II, and IIIA armors are generally soft armors designed to defeat common handgun rounds, while Level III and IV armors are typically hard plates (often incorporating ceramics or polyethylene) designed to defeat rifle rounds. Level IV represents the highest current NIJ protection level, tested to defeat at least one round of .30-06 M2 armor-piercing (AP) ammunition. These NIJ standards are primarily used for testing and certification, particularly for law enforcement procurement, and do not constitute federal law restricting civilian ownership based on protection level.

Crucially, current federal law does not prohibit law-abiding individuals from purchasing, owning, or possessing any specific NIJ level of body armor, including rifle-rated Level III or Level IV plates. While 18 U.S.C. § 931 restricts possession by violent felons, it makes no distinction based on the armor’s protection level. Retailers commonly offer Level IV armor for sale to the general public.

This lack of restriction on armor levels contrasts with federal regulations on certain types of ammunition. The Gun Control Act of 1968, as amended by the Law Enforcement Officers Protection Act (LEOPA), prohibits the import, manufacture, and distribution of “armor piercing ammunition,” defined primarily based on projectile construction (e.g., tungsten alloys, steel core) and its capability of being used in a handgun. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversees these ammunition regulations, including exemptions for ammunition primarily intended for sporting purposes. This historical focus on restricting specific ammunition types designed to defeat soft body armor commonly worn by law enforcement, rather than restricting the armor itself based on its protective capacity, highlights a key distinction in federal regulatory approaches.

However, there has been recurring legislative interest in restricting access to higher-level body armor. Bills such as H.R. 4568 (116th Congress), the “Responsible Body Armor Possession Act,” and its reintroduction as H.R. 3247 (named the “Aaron Salter, Jr., Responsible Body Armor Possession Act” after a victim in the 2022 Buffalo shooting) have sought to amend federal law. These proposals aimed to prohibit the purchase, ownership, or possession of “enhanced body armor” by civilians, generally defining this as armor meeting or exceeding NIJ Level III ballistic resistance. Such bills typically included exceptions for military and law enforcement personnel and often contained grandfather clauses for armor lawfully possessed before enactment. To date, these legislative efforts have not been successful in becoming law. Nevertheless, their repeated introduction, often spurred by high-profile violent events where perpetrators used body armor, indicates a potential area for future federal regulatory changes targeting civilian access to rifle-rated armor plates.

3. State-by-State Analysis of Body Armor Laws

The following section details the specific laws and regulations concerning personal body armor ownership and use for each of the 50 U.S. states. It is critical to remember that the federal prohibition under 18 U.S.C. § 931 applies in all states, barring individuals convicted of violent felonies from possessing body armor, regardless of whether a state has its own specific statute addressing felon possession. State laws may impose additional restrictions or penalties.

Alabama

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Alaska

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Arizona

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Arizona has a specific statute, Arizona Revised Statutes (ARS) § 13-3116, addressing the use of body armor during criminal activity. This statute defines “misconduct involving body armor” as knowingly wearing or otherwise using body armor during the commission of any felony offense. This offense is classified as a Class 4 felony. The definition of “body armor” under this statute is broad, encompassing “any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon”. The application of this law to any felony, not just violent ones, makes Arizona’s approach notably comprehensive compared to many other states.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Arkansas

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: Arkansas Code § 5-79-101 specifically addresses “Criminal possession of body armor”. A person commits this offense if they knowingly possess body armor and have been found guilty of (or pleaded guilty/nolo contendere to) a specific list of felonies. This list includes capital murder (§ 5-10-101), first-degree murder (§ 5-10-102), second-degree murder (§ 5-10-103), manslaughter (§ 5-10-104), aggravated robbery (§ 5-12-103), first-degree battery (§ 5-13-201), aggravated assault (§ 5-13-204), a felony violation of the controlled substances act (§ 5-64-401 et seq.), or aggravated assault upon a law enforcement or correctional employee (§ 5-13-211) if it’s a Class Y felony. This offense is a Class D felony. Note that several secondary sources inaccurately report this as a Class A Misdemeanor; the statute itself clearly classifies it as a Class D felony. The federal ban on violent felons (18 U.S.C. § 931) also applies.
3. Use During Crime: Arkansas Code § 5-79-101 also criminalizes knowingly possessing body armor while committing or attempting to commit a separate, specific list of offenses. These include: (A) a felony involving violence as defined in § 5-4-501(d)(2); (B) capital murder, manslaughter, or negligent homicide; (C) first or second-degree false imprisonment, vehicular piracy, or permanent detention or restraint; (D) robbery (§ 5-12-102); (E) second-degree battery (§ 5-13-202); or (F) trafficking of persons (§ 5-18-103). This is also classified as a Class D felony. The state’s use of specific statutory lists for both prior convictions and concurrent offenses provides a clear, albeit detailed, framework for prohibition, distinct from states using broader categorical terms.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified. The definition under § 5-79-101(b) is “any material designed to be worn on the body and to provide bullet penetration resistance”.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

California

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: California significantly expanded its restrictions effective January 1, 2024, through Assembly Bill (AB) 92. Penal Code § 31360 now prohibits the purchase, ownership, or possession of body armor by two categories of individuals:
   • (a) Persons convicted of a violent felony under California, federal, or other state law. Violation is a felony, punishable by 16 months, 2, or 3 years in state prison.
   • (b) Persons prohibited from possessing a firearm under California law (with an exception related to minors under Penal Code § 29610). Violation is a misdemeanor. This expansion is substantial, linking body armor prohibition directly to firearm prohibition status, thus covering not only violent felons but also those convicted of other felonies, subject to domestic violence restraining orders, certain mental health adjudications, or other firearm-prohibiting conditions under state law. Courts are required to advise individuals of the body armor prohibition when advising them of a firearm prohibition, and relinquishment of armor is mandated. An exception process exists: prohibited individuals whose employment, livelihood, or safety depends on body armor may petition the local chief of police or sheriff for permission. Granting requires findings that the petitioner is likely to use the armor safely and lawfully and has a reasonable need for it.
3. Use During Crime: California Penal Code § 12022.2 imposes a sentence enhancement of one, two, or five years for any person who commits a violent felony while wearing a body vest (defined in § 16290 as “any bullet-resistant material intended to provide ballistic and trauma protection for the wearer or holder”). The initial proposal for AB 92 considered replacing the felon possession statute with a new crime focused on wearing armor while possessing a firearm during a violent felony, but the final legislation retained the existing enhancement structure while broadening the possession prohibitions.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified. The definition in Penal Code § 16288 (referenced by § 31360) is “any bullet-resistant material intended to provide ballistic and trauma protection for the person wearing the body armor”.
5. Sale/Purchase: While early versions of AB 92 included proposed restrictions on sales methods (requiring face-to-face transactions and limiting sales to eligible professions), the final chaptered law focuses on prohibiting possession by certain individuals rather than regulating the sales process itself. Therefore, online and face-to-face sales to eligible persons appear permissible under current state law.
6. Other Restrictions: None noted.

Colorado

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Connecticut

1. Ownership/Possession: State law permits eligible individuals to possess body armor, but imposes significant restrictions on acquisition and prohibits possession by certain convicted persons.
2. Felon Restrictions: Connecticut General Statutes (CGS) § 53a-217d establishes the crime of “Criminal Possession of Body Armor.” It is a Class A misdemeanor for a person to possess body armor if they have been convicted of specific serious felonies or a serious juvenile offense. The list of predicate felonies is detailed and includes capital felonies (pre-2012 abolition), Class A felonies (with exceptions), Class B felonies (with exceptions like 1st-degree larceny), Class C felonies (with exceptions like 2nd-degree promoting prostitution), and certain Class D felonies involving violence or firearms (e.g., 2nd-degree assault, 3rd-degree sexual assault, 1st-degree unlawful restraint, 3rd-degree burglary, 3rd-degree robbery, criminal use of a firearm). “Serious juvenile offenses” also encompass a wide range of felonies. This specific list approach requires careful analysis of an individual’s criminal history against the enumerated offenses. The federal ban on violent felons (18 U.S.C. § 931) also applies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified. CGS § 53-341b defines “body armor” as “any item designed to provide bullet penetration resistance and to be worn on or under clothing on the body, like a vest or other article of clothing”. CGS § 53a-217d uses a similar definition: “any material designed to be worn on the body and to provide bullet penetration resistance”.
5. Sale/Purchase: Connecticut imposes the most restrictive sales regulations in the nation. CGS § 53-341b makes it a Class B misdemeanor (punishable by up to six months imprisonment, a fine up to $1,000, or both) to sell or deliver body armor unless the transfer occurs in person (face-to-face). This effectively prohibits online, mail-order, or telephone sales to most Connecticut residents. Furthermore, amendments enacted by Public Act 23-53 added a requirement under CGS § 53-341b(a)(2) that the transferee must possess a valid permit or certificate issued under state firearms laws (e.g., pistol permit, long gun eligibility certificate, ammunition certificate). Exemptions to these sale/delivery restrictions apply to authorized law enforcement (state/local police, corrections, parole, DMV, criminal justice division), certain purchasing officials, judicial marshals, probation officers, National Guard/armed forces members, federal firearms licensees, and employees of emergency medical services organizations.
6. Other Restrictions: None noted.

Delaware

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Delaware has a notably strict statute, 11 DE Code § 1449, titled “Wearing body armor during commission of felony”. This law makes it a separate Class B felony for a person to wear body armor during the commission of any felony. The statute imposes a mandatory minimum sentence of three years’ imprisonment for this offense, which cannot be suspended, and during which the person is ineligible for parole or probation. Furthermore, this sentence must run consecutively to any sentence imposed for the underlying felony. This represents one of the most severe state-level penalties specifically targeting the use of body armor in conjunction with felony offenses. “Body armor” is defined for this section as “any material designed to provide bullet penetration resistance”.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Florida

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Florida Statute § 775.0846 prohibits the possession of a “bulletproof vest” while committing or attempting to commit certain enumerated felony offenses. The listed offenses include murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, aircraft piracy, aggravated stalking, unlawful throwing/placing/discharging of a destructive device/bomb, carjacking, home-invasion robbery, stalking, and resisting an officer with violence. A violation of this section is a third-degree felony. The statute defines “bulletproof vest” for its purposes as “bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as ‘threat level I,’ which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second”. Legal commentary suggests that this statute may face challenges under double jeopardy principles if charged alongside the underlying felony, potentially limiting its practical application in some cases, as proof of the body armor offense requires proof of the underlying crime.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Georgia

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Georgia Code § 16-11-160(a)(2)(B) makes it unlawful to wear a “bulletproof vest” during the commission or attempted commission of specific serious offenses. These predicate offenses are: (1) any crime against or involving the person of another for which a life sentence may be imposed; (2) any felony involving the manufacture, delivery, distribution, administering, or selling of controlled substances or marijuana under § 16-13-30; or (3) trafficking in cocaine, illegal drugs, marijuana, or methamphetamine under § 16-13-31. A violation is a felony punishable by confinement for one to five years, with the sentence running consecutively to any other sentence received. A second or subsequent conviction under § 16-11-160 (which also covers use of machine guns, sawed-off weapons, etc.) mandates life imprisonment without suspension or probation. The statute defines “bulletproof vest” similarly to Florida’s law, referencing Threat Level I protection (7 layers, resisting 158-grain .38 caliber rounds at 850 fps). Legislative history indicates debate occurred regarding criminalizing a defensive item, resulting in the final language focusing on “wearing” during specific serious felonies rather than broader possession.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Hawaii

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Idaho

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Illinois

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Illinois has a unique statute, 720 ILCS 5/33F-2 (“Unlawful use of body armor”), which criminalizes knowingly wearing body armor while in possession of a “dangerous weapon,” other than a firearm, during the commission or attempted commission of any offense. “Body Armor” is defined broadly in 720 ILCS 5/33F-1 to include military-style vests, concealable soft armor, recon vests, and protective casual clothing made of Kevlar or similar materials. “Dangerous weapon” refers to Category I, II, or III weapons as defined in 720 ILCS 5/33A-1 (which includes items like knives, bludgeons, metal knuckles, etc., but explicitly excludes firearms for the purpose of the body armor statute). A first offense under 720 ILCS 5/33F-2 is a Class A misdemeanor; a second or subsequent offense is a Class 4 felony (720 ILCS 5/33F-3). The exclusion of firearms from this statute is a notable feature, distinguishing it from laws in other states that often focus specifically on the combination of body armor and firearms during violent crimes.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Indiana

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Indiana Code § 35-47-5-13 defines the offense of “Unlawful Use of Body Armor.” A person commits this offense, a Level 6 felony (previously a Class D felony before Indiana’s criminal code revisions), if they knowingly or intentionally use body armor while committing any felony. “Body armor” is defined as “bullet resistant metal or other material worn by a person to provide protection from weapons or bodily injury”. The statute’s focus on “use” rather than mere “possession” might imply a requirement for the armor to be actively employed during the felony, though this distinction may be subtle in practice.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Iowa

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Kansas

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: A local ordinance in the city of Topeka makes it illegal to possess, carry, or wear a bulletproof vest during protests, parades, rallies, assemblies, and demonstrations. This highlights the possibility of local regulations existing even in the absence of statewide restrictions.

Kentucky

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. However, multiple secondary sources assert that in Kentucky, the use of body armor during a crime makes the defendant ineligible for parole. While the specific statute supporting this claim was not cited, if accurate, it represents a significant consequence tied to body armor use within the state’s sentencing or parole framework. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Louisiana

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, subject to specific restrictions.
2. Felon Restrictions: Louisiana Revised Statutes (La. R.S.) § 14:95.3 explicitly prohibits the possession of body armor by persons convicted of a specific list of felony offenses. This list includes: (a) crimes of violence as defined in R.S. 14:2(B) that are felonies; (b) simple burglary, burglary of a pharmacy, or burglary of an inhabited dwelling; (c) unauthorized entry of an inhabited dwelling; (d) felony illegal use of weapons or dangerous instrumentalities; (e) manufacture or possession of a delayed action incendiary device; (f) manufacture or possession of a bomb; (g) any violation of the Uniform Controlled Dangerous Substances Law; (h) attempts to commit any of the foregoing offenses; and (i) equivalent offenses under federal or other state/foreign law. An exception exists for individuals participating in a witness protection program. Violation is punishable by a fine up to $2,000, imprisonment for up to two years (with or without hard labor), or both.
3. Use During Crime: La. R.S. § 14:95.3 also prohibits the use or wearing of body armor while committing any of the offenses listed in the possession prohibition section (Subparagraphs (A)(1)(a) through (i)). The penalty is the same as for unlawful possession.
4. Armor Type Regulation: La. R.S. § 14:95.3(D) defines “body armor” as “bullet resistant metal or other material intended to provide protection from weapons or bodily injury”. La. R.S. § 14:95.9(B)(1) uses a similar definition for its specific context. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: Louisiana has a specific law, La. R.S. § 14:95.9, making it unlawful for any person (student or nonstudent) to wear or possess body armor on school property (elementary, secondary, vo-tech, college, university), on school transportation, or at a school-sponsored function, or in a designated firearm-free zone. Exceptions apply for law enforcement, school officials/employees in the course of duty, persons with prior written notification to the principal/chancellor (24 hours notice), possession on private property within 1,000 feet of school property, possession within a motor vehicle, students in classes requiring body armor, and students possessing bullet-resistant backpacks. Violation is punishable by a fine up to $1,000, imprisonment for six months to one year (without hard labor), or both. Lack of knowledge that the location was school property is not a defense.

Maine

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Maryland

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, but imposes restrictions on individuals with certain criminal convictions.
2. Felon Restrictions: Maryland Criminal Law Code § 4-107 prohibits a person previously convicted of a “crime of violence” (defined in § 14-101) or a “drug trafficking crime” (defined in § 5-621) from using, possessing, or purchasing bulletproof body armor. Violation is a misdemeanor punishable by up to 5 years imprisonment, a fine up to $5,000, or both. However, § 4-107(b) allows such prohibited individuals to petition the Secretary of State Police for a permit to purchase, possess, and use body armor. The Secretary may issue a permit (valid for 5 years and renewable) if it is determined, based on factors like employment needs, interests of justice, safety, and totality of circumstances, that the petitioner is likely to use the armor safely and lawfully and has a reasonable need for it. The permit holder must carry a certified copy. This permit system provides a pathway for some prohibited individuals (those convicted of violent crimes or drug trafficking crimes) to legally possess armor, unlike the stricter federal ban which only offers an employer certification defense for violent felons.
3. Use During Crime: Maryland Criminal Law Code § 4-106 prohibits wearing bulletproof body armor during the commission of a crime of violence (§ 4-106(b)) and prohibits wearing or possessing it during and in relation to a drug trafficking crime (§ 4-106(c)). Violation is a misdemeanor with the same penalty as unlawful possession by a prohibited person (up to 5 years, $5,000 fine, or both). The sentence for violating § 4-106 can be imposed separately from the sentence for the underlying crime of violence or drug trafficking crime.
4. Armor Type Regulation: § 4-106(a)(3) defines “bulletproof body armor” as “a material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No state-specific regulations restricting the method of sale were identified beyond the permit requirement for prohibited persons. Online and face-to-face purchases appear permissible for eligible individuals.
6. Other Restrictions: None noted.

Massachusetts

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: MGL Chapter 269, Section 10D makes it a felony to use or wear body armor (defined as any protective covering made of resin-treated glass-fiber cloth or other material designed to prevent/deflect penetration by bullets) while in the commission or attempted commission of any felony. The penalty is imprisonment in the state prison for not less than 3 nor more than 5 years, or in jail for not less than 1 nor more than 2.5 years.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified beyond the definition in MGL Ch. 269, § 10D.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Michigan

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: Michigan Compiled Laws (MCL) § 750.227g prohibits a person convicted of a “violent felony” (defined by reference to MCL § 791.236) from purchasing, owning, possessing, or using body armor. Violation is a felony punishable by imprisonment up to 4 years, a fine up to $2,000, or both. Similar to Maryland, Michigan provides a petition process for prohibited individuals whose employment, livelihood, or safety depends on body armor. They can petition the chief of police or county sheriff for written permission. Permission may be granted if the official finds the petitioner is likely to use the armor safely and lawfully and has a reasonable need for it, considering factors like employment and the interests of justice. Permission can be restricted, and the petitioner must carry the written permission when possessing the armor (failure to do so is a misdemeanor). Law enforcement may also issue temporary permission to persons in custody or witnesses for protection. This state-level prohibition specifically targets violent felons, aligning closely with the federal standard but providing a state-specific definition and petition process.
3. Use During Crime: MCL § 750.227f makes it a separate felony for an individual to commit or attempt to commit a crime involving a violent act or threat of a violent act against another person while wearing body armor. This offense is punishable by imprisonment up to 4 years, a fine up to $2,000, or both, and the term of imprisonment may be served consecutively to the sentence for the underlying violent crime. Exceptions exist for peace officers and security officers performing their duties.
4. Armor Type Regulation: MCL § 750.227f(3)(a) defines “body armor” as “clothing or a device designed or intended to protect an individual’s body or a portion of an individual’s body from injury caused by a firearm”. MCL § 750.227g(10)(a) references this definition. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified beyond the prohibition on violent felons purchasing armor without permission. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Minnesota

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Minnesota Statutes § 609.486 establishes the crime of “Commission of crime while wearing or possessing bullet-resistant vest.” A person is guilty of a felony if they commit or attempt to commit a gross misdemeanor or felony while wearing or possessing a bullet-resistant vest. The penalty is imprisonment up to 5 years, a fine up to $10,000, or both. This sentence can run consecutively to the sentence for the underlying crime. “Bullet-resistant vest” is defined as “a bullet-resistant garment that provides ballistic and trauma protection”.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified beyond the definition in § 609.486.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Mississippi

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Missouri

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Montana

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Nebraska

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Nevada

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: Nevada Revised Statutes (NRS) Chapter 202 includes a provision (likely NRS 202.368, based on the bill reference AB 64 from 2003) prohibiting persons convicted of a felony involving the use of a deadly weapon from purchasing, owning, or possessing body armor, unless pardoned without restriction on bearing arms. Violation is a Category B felony, punishable by 1-6 years imprisonment and a possible fine up to $5,000. This state prohibition focuses specifically on felonies involving deadly weapons, which may be narrower than the federal “crime of violence” definition but broader than just violent felonies against persons.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: NRS 202.368 (as proposed in AB 64) defines “body armor” as “clothing or a device designed or intended to protect the body or a portion of the body of a person from injury caused by a firearm”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified beyond the prohibition on purchase by felons convicted of crimes involving deadly weapons. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

New Hampshire

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: New Hampshire RSA 650-B:2 defines the crime of “Felonious Use of Body Armor.” A person is guilty of a Class B felony if they commit or attempt to commit any felony while using or wearing body armor. Importantly, any sentence imposed for this violation cannot be served concurrently with any other term of imprisonment, meaning it must be served consecutively.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

New Jersey

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: N.J.S.A. 2C:39-13 defines the crime of “Unlawful use of body vests.” A person is guilty of this crime if they use or wear a body vest while engaged in the commission of, attempt to commit, or flight after committing specific enumerated serious felonies: murder, manslaughter, robbery, sexual assault, burglary, kidnapping, criminal escape, or assault under N.J.S.A. 2C:12-1b. If the underlying crime is of the first degree, the body vest offense is a crime of the second degree; otherwise, it is a crime of the third degree.
4. Armor Type Regulation: N.J.S.A. 2C:39-13 defines “body vest” as “bullet-resistant body armor which is intended to provide ballistic and trauma protection”. Proposed legislation (A4369) used a broader definition similar to federal law. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

New Mexico

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: New Mexico recently enacted legislation (HB 64, 2021 Session) creating a new section in the Criminal Code addressing body armor possession by felons. This law makes it unlawful for a convicted felon to knowingly possess body armor (a fourth-degree felony) or to knowingly wear or use body armor during the commission of a felony (a third-degree felony). An exception exists for possession during employment if the person has not been convicted of a felony within the preceding ten years, provided the armor is surrendered upon conclusion of employment. This state law imposes a broader prohibition (any felon) than the federal baseline (violent felons).
3. Use During Crime: As noted above, the 2021 New Mexico law makes it a third-degree felony for a convicted felon to knowingly wear or otherwise use body armor during the commission of a felony. There does not appear to be a separate statute penalizing non-felons for wearing armor during a crime.
4. Armor Type Regulation: The New Mexico statute defines “body armor” as “an article of clothing or piece of equipment designed in whole or in part to minimize the risk of injury from a deadly weapon”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

New York

1. Ownership/Possession: State law significantly restricts the possession and purchase of body armor. Effective July 6, 2022, Penal Law § 270.21 makes it unlawful (initially a Class A misdemeanor, subsequent offense Class E felony) for a person not engaged or employed in an “eligible profession” to knowingly purchase or take possession of body armor.
2. Eligible Professions: Eligible professions initially include police officers, peace officers, and persons in military service for NYS or the US. The Department of State is authorized to designate additional professions whose duties expose individuals to serious physical injury preventable by body armor or are necessary for lawful purchase/sale/use. This effectively bans ownership for ordinary civilians not falling into these categories.
3. Felon Restrictions: While the general prohibition applies broadly, New York Penal Law § 270.20 specifically addresses the “Unlawful wearing of body armor.” A person commits this Class E felony if they commit any violent felony offense (defined in § 70.02) while possessing a firearm, rifle, or shotgun, and in the course of and furtherance of that crime, wear body armor. This applies regardless of whether the person is in an eligible profession.
4. Armor Type Regulation: Penal Law § 270.20(2) defines “body armor” as “any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment”. An older definition specific to § 270.20 referenced Threat Level I protection , but the broader definition appears current. No restrictions based on specific NIJ levels were noted beyond the general definition.
5. Sale/Purchase: New York General Business Law § 144-a prohibits the sale or delivery of body armor to any individual or entity not engaged or employed in an eligible profession. Furthermore, such sales or deliveries must occur via a face-to-face transaction where the transferee meets the transferor in person. An exception to the in-person requirement exists for purchases by government agencies furnishing armor to employees in eligible professions. Unlawful sale (Penal Law § 270.22) is a Class A misdemeanor for a first offense and a Class E felony for subsequent offenses. Proposed legislation (S1450) seeks to elevate subsequent unlawful purchase/sale offenses to first-degree crimes (Class E felonies) based on prior convictions. New York’s combination of restricting purchasers to eligible professions and mandating face-to-face transactions makes its sales regulations among the most stringent, alongside Connecticut’s.
6. Other Restrictions: None noted.

North Carolina

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: North Carolina employs a sentence enhancement approach rather than creating a separate crime. NCGS § 15A-1340.16C provides that if a person is convicted of any felony and it is found (proven beyond a reasonable doubt or admitted) that the person wore or had in their immediate possession a “bullet-proof vest” at the time of the felony, then the person is guilty of a felony that is one class higher than the underlying felony for which they were convicted. An indictment must allege the use/possession of the vest. An exception exists for law enforcement officers unless the state proves the officer wore the vest specifically to aid in committing the felony. The enhancement does not apply if evidence of the vest is needed to prove an element of the underlying felony.
4. Armor Type Regulation: The term used in § 15A-1340.16C is “bullet-proof vest”. No specific definition or restriction based on NIJ levels was noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

North Dakota

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Ohio

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Ohio uses sentencing specifications rather than a separate crime for body armor use. ORC § 2941.1411 requires an indictment to include a specification if the offender wore or carried body armor while committing an offense of violence that is a felony. If this specification is proven or admitted, ORC § 2929.14(B)(1)(d) mandates the imposition of a two-year mandatory prison term, which must be served consecutively to any other prison term imposed. “Body armor” is defined for this purpose as “any vest, helmet, shield, or similar item that is designed or specifically carried to diminish the impact of a bullet or projectile upon the offender’s body”.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified beyond the definition in ORC § 2941.1411.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Oklahoma

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Oklahoma Statutes Title 21, § 1289.26 makes it a separate felony offense to commit or attempt to commit any felony while wearing body armor. The penalty for this offense is tiered based on prior convictions for the same offense: a first conviction carries a maximum term of 3 years imprisonment; a second conviction carries a maximum term of 10 years; a third or subsequent conviction carries a maximum term of 20 years. The sentence runs in addition to the penalty for the underlying felony. “Body armor” for this section is defined in 21 OS § 1289.19 as “a vest or shirt of ten plies or more of bullet resistant material as defined by the Office of Development, Testing and Dissemination, a division of the United States Department of Justice”.
4. Armor Type Regulation: Oklahoma law defines body armor by reference to a specific ply count and DOJ office definition in § 1289.19.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Oregon

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, but imposes restrictions on individuals with certain criminal convictions.
2. Felon Restrictions: Oregon Revised Statutes (ORS) § 166.642 defines the crime of “Felon in possession of body armor”. A person commits this Class C felony if they knowingly possess or control body armor and have been convicted of a felony or misdemeanor involving violence under state or federal law (including juvenile adjudications for acts that would be such offenses). Exceptions exist for persons wearing armor provided by a peace officer for safety during transport/accompaniment, and for persons convicted of only one non-homicide felony who have been discharged from incarceration/parole/probation for at least one year. An affirmative defense exists if the person possesses the armor pursuant to a protective/restraining order in their favor, unless they possess it while committing or attempting a crime. This state prohibition is broader than the federal ban as it includes misdemeanors involving violence and potentially more felonies depending on the “involving violence” interpretation.
3. Use During Crime: ORS § 166.643 defines the crime of “Unlawful possession of body armor.” A person commits this Class B felony if, while committing or attempting to commit a felony or misdemeanor involving violence, they knowingly wear body armor and possess a deadly weapon. This requires the combination of armor, a weapon, and a violent crime.
4. Armor Type Regulation: ORS § 166.641 defines “body armor” as “cloth, plastic, metal or other material that is intended to protect the wearer’s body or a portion of the wearer’s body from injury caused by a projectile discharged from a firearm”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Pennsylvania

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Pennsylvania addresses body armor use within its statute on “Possessing instruments of crime,” 18 Pa.C.S. § 907. Subsection (c), “Unlawful body armor,” makes it a felony of the third degree if a person, in the course of committing a felony or attempting to commit a felony, uses or wears body armor or has body armor in their control, custody, or possession.
4. Armor Type Regulation: 18 Pa.C.S. § 907(d) defines “Body armor” broadly as “Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon”. This definition notably includes protection against knives and piercing instruments, not just gunfire. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Rhode Island

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, subject to restrictions for certain felons.
2. Felon Restrictions: Rhode Island General Laws (RI Gen L) § 11-47-20.4 makes it unlawful for any person convicted of a felony that is a “crime of violence” to purchase, own, or possess body armor. Violation is punishable by imprisonment up to 3 years, a fine up to $5,000, or both. The statute defines “crime of violence” by listing specific offenses (murder, manslaughter, 1st-degree arson, kidnapping with intent to extort, robbery, larceny from the person, 1st/2nd degree sexual assault, 1st/2nd degree child molestation, assault with intent to murder/rob/commit sexual assault/commit specified felony, felony assault with dangerous weapon, felony breaking and entering dwelling, burglary, entering dwelling with intent to commit murder/robbery/sexual assault/larceny, any felony punishable by life imprisonment, or attempts thereof). An affirmative defense exists if the person obtained prior written certification from an employer that the armor was necessary for safe performance of lawful business activity. Another affirmative defense allows possession by a confidential informant or witness with a prior violent felony conviction if engaged by law enforcement for a legitimate purpose under direct supervision/authorization. This state prohibition closely mirrors the federal ban (18 U.S.C. § 931) in targeting violent felons and providing an employment defense, but uses a state-specific list of violent crimes.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: RI Gen L § 11-47-20.4(b)(2) defines “Body armor” using language identical to the federal definition: “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”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

South Carolina

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, subject to restrictions for certain felons.
2. Felon Restrictions: South Carolina Code of Laws § 16-3-1085 makes it unlawful for a person convicted of a “violent crime” (defined in § 16-1-60) to purchase, own, possess, or use body armor. Violation of this prohibition is a felony punishable by imprisonment up to 5 years, a fine up to $2,000, or both. South Carolina provides a petition process for prohibited individuals whose employment, livelihood, or safety depends on body armor. They can petition the local chief of police or county sheriff for written permission. Permission may be granted if the official finds the petitioner is likely to use the armor safely and lawfully and has a reasonable need, considering employment, justice interests, and other circumstances. Permission can be restricted, and the petitioner must carry the written permission (failure to do so is a misdemeanor punishable by up to 90 days / $100 fine). Law enforcement may also issue temporary permission to persons in custody or witnesses. This state prohibition targets violent felons, similar to federal law, but uses a state definition of “violent crime” and provides a state-specific petition process.
3. Use During Crime: South Carolina Code of Laws § 16-3-1085 makes it unlawful to commit or attempt to commit a violent crime (defined in § 16-1-60) while wearing body armor. The term “Body armor” means clothing or a device designed or intended to protect a person’s body or a portion of a person’s body from injury caused by a firearm.
4. Armor Type Regulation: § 16-3-1085(E) defines “body armor” as “clothing or a device designed or intended to protect a person’s body or a portion of a person’s body from injury caused by a firearm”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified beyond the prohibition on purchase by violent felons without permission. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

South Dakota

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Tennessee

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Tennessee Code Annotated § 39-17-1323 establishes the offense of “Unlawful wearing of a body vest”. A person commits this Class E felony if they knowingly wear a body vest while committing: (1) any felony whose elements involve the use or threat of violence to a human being; (2) any burglary, carjacking, theft of a motor vehicle, or arson; or (3) any felony drug offense under specific statutes (TCA §§ 39-17-417(b)-(i), 39-17-418, 39-17-422, 39-17-423, 39-17-425, 39-17-431). The statute defines “body vest” similarly to Florida and Georgia, referencing Threat Level I protection (7 layers, resisting 158-grain.38 caliber rounds at 850 fps). The law explicitly states it does not prohibit possession for lawful purposes.
4. Armor Type Regulation: No restrictions based on specific NIJ levels were noted, beyond the Threat Level I definition used in § 39-17-1323.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Texas

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, subject to restrictions for felons.
2. Felon Restrictions: Texas Penal Code § 46.041 specifically addresses “Unlawful Possession of Metal or Body Armor by Felon”. This statute makes it an offense for a person who has been convicted of any felony to possess metal or body armor after the conviction. This is a broader prohibition than the federal standard, applying to all felony convictions, not just violent ones. Violation is a third-degree felony, punishable by 2 to 10 years imprisonment and a possible fine up to $10,000. The punishment can be enhanced to a second-degree felony (2-20 years) if the offense occurs within 300 feet of a school or at a school function (under § 46.11).
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: Texas Penal Code § 46.041(a) defines “metal or body armor” as “any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified beyond the prohibition on possession (and thus purchase) by felons. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Utah

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: Utah Code § 76-10-2401 (enacted based on HB 238, 2001) prohibits a person convicted of a “violent felony” (defined in § 76-3-203.5) from possessing or owning body armor. Violation is a Class A misdemeanor. This state prohibition targets violent felons, similar to the federal ban (18 U.S.C. § 931).
3. Use During Crime: Utah Code § 76-3-203.7 provides for a sentence increase if a person is convicted of a “violent felony” (defined in § 76-3-203.5) and the trier of fact finds beyond a reasonable doubt that the defendant used, carried, or possessed a dangerous weapon and also used or wore body armor, with the intent to facilitate the commission of the violent felony. This enhancement modifies the standard indeterminate sentence ranges: for a first-degree felony, the minimum term becomes 6 years (instead of 5); for a second-degree felony, the maximum term increases from 15 to 20 years; for a third-degree felony, the maximum term increases from 5 to 10 years. This enhancement does not apply if it would result in a lower maximum penalty than the underlying offense itself (e.g., certain sexual offenses with higher inherent maximums).
4. Armor Type Regulation: Utah Code § 76-3-203.7(1)(a) and § 76-10-2401(1)(a) define “body armor” as “any material designed or intended to provide bullet penetration resistance or protection from bodily injury caused by a dangerous weapon”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Vermont

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Virginia

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: Virginia Code § 18.2-287.2 makes it a Class 4 felony for any person to wear body armor designed to diminish the effect of a bullet or projectile while committing a crime of violence (defined in § 18.2-288(2)) or a felony drug violation (§ 18.2-248 or § 18.2-248.1(a)(2) or (3)) and while possessing a firearm or knife. This requires the simultaneous presence of body armor, a weapon (firearm or knife), and the commission of a specified violent or drug felony.
4. Armor Type Regulation: The statute uses the term “body armor designed to diminish the effect of the impact of a bullet or projectile”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Washington

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Washington D.C.

1. Ownership/Possession: DC law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific DC statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific DC statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific DC restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific DC restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

West Virginia

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: West Virginia Code § 61-7-15 makes it a separate felony for a person to wear or be otherwise equipped with body armor while committing a felony offense, where an element of that felony is force, the threat of force, physical harm to another, or the use or presentment of a firearm or other deadly weapon. The penalty is confinement for one to five years.
4. Armor Type Regulation: § 61-7-15(b) defines “body armor” as “a jacket, vest, or other similar apparel or device constructed to provide ballistic resistance to penetration and deformation and intended to protect the human torso against gunfire,” including variations like inserts or trauma plates. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Wisconsin

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor, but imposes restrictions on individuals with certain criminal convictions or adjudications.
2. Felon Restrictions: Wisconsin Statutes § 941.291 prohibits a person from possessing body armor if they have been convicted of a “violent felony” (state or equivalent out-of-state), adjudicated delinquent for an act that would be a violent felony, or found not guilty of a violent felony by reason of mental disease/defect, unless pardoned. Violation is a Class E felony, escalating to a Class D felony for subsequent offenses. The statute defines “violent felony” by listing numerous specific offenses. Wisconsin provides a petition process (§ 941.291(4)) for prohibited individuals to seek a complete or partial exemption from the circuit court if they have a reasonable need (safety, livelihood, employment) and are likely to use the armor safely and lawfully. Exemptions also exist for certain witnesses/informants assisting law enforcement (§ 941.291(5m)) and prisoners under officer supervision (§ 941.291(6)). This state prohibition targets violent felons (and similar adjudications), aligning with the federal standard but providing a state-specific definition and exemption processes.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: § 941.291(1)(a) defines “Body armor” as “any garment that is designed, redesigned, or adapted to prevent bullets from penetrating through the garment”. No restrictions based on specific NIJ levels were noted.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified beyond the prohibition on possession (and thus purchase) by prohibited individuals without an exemption. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.

Wyoming

1. Ownership/Possession: State law generally permits law-abiding adult citizens to purchase, own, and possess body armor.
2. Felon Restrictions: No specific state statute prohibiting felons (violent or otherwise) from possessing body armor was identified. The controlling prohibition is the federal law, 18 U.S.C. § 931, which bars possession by those convicted of violent felonies.
3. Use During Crime: No specific state statute criminalizing the wearing or possession of body armor during the commission of a crime was identified. Federal sentencing enhancements would apply for relevant federal offenses.
4. Armor Type Regulation: No specific state restrictions on armor types or levels were identified.
5. Sale/Purchase: No specific state restrictions on the method of sale were identified. Online and face-to-face purchases are permissible for eligible individuals.
6. Other Restrictions: None noted.