laws on body armor
whm1974
July 21, 2004, 06:54 PM
Ok surfing the net I ran across this site:
http://interamer.com/
a bullet proof vest for $300 + S/H
Now I'm really not planning on getting one, but I am wondering what the laws are on wearing body armor in public in IL. Is it illegal?
-Bill
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Pilgrim
July 21, 2004, 07:39 PM
Most states make it an additional felony if worn while committing another violent felony.
Pilgrim
whm1974
July 21, 2004, 07:58 PM
Well I knew that, but I was wondering if it was illegal just to wear one or even to own.
-Bill
nemesis
July 21, 2004, 09:25 PM
In Texas, body armor is legal except for convicted felons.
SB88LX
July 21, 2004, 09:41 PM
What would be the point of outlawing citizens ability to wear armor for self preservation? Thats completely ????ing idiotic. Oh sorry, i forgot the times we live in.
whm1974
July 21, 2004, 11:36 PM
To be honest guys, since when I was a kid I always thought it would be neat to have a bullet proof vest. At ~$300...
-Bill
Kevlarman
July 22, 2004, 12:44 AM
You can frequently get better deals on more well known brands (Second Chance, Point Blank, Safariland) on eBay.
braindead0
July 22, 2004, 09:03 AM
I think body armor is totally illegal for private citizens in California..
Could be wrong, but I know they freaked out after the BofA robbery..
whm1974
July 22, 2004, 09:23 AM
I think body armor is totally illegal for private citizens in California..
Thank God I don't live in Kalifornia....
-Bill
Kevlarman
July 22, 2004, 10:23 AM
Nope, body armor is perfectly legal here unless you've been convicted of a violent felony.
And of course, if you're caught using body armor in comission of a crime, your sentence will be enhanced.
armoredman
July 22, 2004, 10:24 AM
Body armor is legal for pravate citizens of all 50 states. However, many of the big names will NOT sell to a private citizen.
geekWithA.45
July 22, 2004, 11:22 AM
While it is legal, be certain to conceal it well. I recall reading an FBI policy asserting that the wearing of armor was to be considered probable cause for a Terry stop and search. Their official presumption is that anyone wearing armor is on their way to commit a crime. Wish I still had the link, and if anyone in the know wants to clarify/deny, I'd be grateful.
Jeff White
July 22, 2004, 11:50 AM
Bill,
Here is the Illinois Statute on Body Armor:
(720 ILCS 5/Art. 33F heading)
ARTICLE 33F. UNLAWFUL USE OF BODY ARMOR
(720 ILCS 5/33F‑1) (from Ch. 38, par. 33F‑1)
Sec. 33F‑1. Definitions. For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest
which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.
(2) Soft body armor which is made of Kevlar or any
other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.
(3) A military style recon/surveillance vest which
is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.
(4) Protective casual clothing which is made of
Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.
(b) "Dangerous weapon" means a Category I, Category II, or Category III weapon as defined in Section 33A‑1 of this Code.
(Source: P.A. 91‑696, eff. 4‑13‑00.)
(720 ILCS 5/33F‑2) (from Ch. 38, par. 33F‑2)
Sec. 33F‑2. Unlawful use of body armor. A person commits the offense of unlawful use of body armor when he knowingly wears body armor and is in possession of a dangerous weapon in the commission or attempted commission of any offense.
(Source: P.A. 87‑521.)
(720 ILCS 5/33F‑3) (from Ch. 38, par. 33F‑3)
Sec. 33F‑3. Sentence. A person convicted of unlawful use of body armor for a first offense shall be guilty of a Class A misdemeanor and for a second or subsequent offense shall be guilty of a Class 4 felony.
(Source: P.A. 87‑521.)
Basically it's an add on charge if you are wearing body armor during the commission of a crime while armed with a deadly weapon. Ownership and use is legal, but if you armor up before knocking over the liquor store they can add the charge on. Like so many of our other laws, I'm not aware that it's ever been used.
Jeff
tarrigoni
July 22, 2004, 11:54 AM
thre are certain things that I'll look for the best deal on.
Body armor is not one of them. Spare no expense, get the best, it's your life we're talking about.
geekWithA.45
July 22, 2004, 12:09 PM
Another note: If I had another $400 to spend, I'd consider dropping back to level IIA, rather than full blown level II. You can get IIA a lot thinner/lighter, which makes a real difference some days between wearing and not wearing.
At the time, I considered the difference in ballistic protection to be worth it, but as they say, the armor hanging in your closet won't do you any good unless your hiding in the same closet.
(rough summary of ballistic differences: level IIa covers you up through light and medium handgun threats, eg .38spc, .45acp, etc, level II covers ALL normal handgun threats, eg .44 mag, which doesn't seem to be all that prevalent among criminals )
sturmruger
July 22, 2004, 01:44 PM
I can't think of a time where I would feel so threatened that having a vest would make me feel more safe. I think I will keep the $300 and buy a new gun.
Sergeant Bob
July 22, 2004, 03:56 PM
And of course, if you're caught using body armor in comission of a crime, your sentence will be enhanced.
In addition, it is illegal to hide behind solid objects while in a gunfight with the police.;)
gunsmith
July 22, 2004, 09:44 PM
They need to be fitted to you when you buy one.
Don't buy a used vest.
If looks is all your interested in you can buy the carrier (like rapper 50 cent does) and wear that-without all the weight.
My kind hearted significant other bought me a second chance level three, it's hot heavy and uncomfortable and makes me look fatter then I allready am-and I love it! When I am on duty and it's just me and my .357 revolver between the badguys and 10 thousand$$$, I feel much better with it on.
Now if I can only get a CCW!
Kevlarman
July 23, 2004, 05:36 AM
Yes, I agree; if you have the need to wear concealable body armor on a daily basis, by all means get it professionally fitted.
As for me, I only wear the vest when I'm doing something particularly risky, like at the range (idiots abound) or testing my pneumatic potato cannon.
In that case, having a vest that isn't profesionally fitted won't really hurt you.
I bought a Second Chance level II Monarch that fits me almost perfectly and is very comfortable for less than $200.
whm1974
July 23, 2004, 11:22 AM
Thanks guys. I'm aware that I'll get what I pay for, but I can only buy what I can afford.
And no I'm not planning on committing any crimes. And wearing at the range is one reason why I want one.
I ride a bike everywhere I go since I don't have a car, and I also go on the bike trails a lot. Now I never heard of anyone getting rob or attacked on the trails I go on, it can happend.
-Bill
gunsmith
July 23, 2004, 02:06 PM
May find bicycle riding uncomfortable, I've ridden bicycles to work in uniform,you get hot quick-like 2 seconds of pedaling...
The good news is vest save more folks in accidents then shootings.
I wear mine often when riding my motorcycle.
Kevlarman
July 23, 2004, 02:46 PM
Exactly, body armor can protect you from more than just getting shot. They're designed to disperse blunt trauma, and can make all the difference in collisions. I've heard of officers survivng steering columns in the chest or getting dragged underneath cars.
Try and get a copy of Second Chance's "Saves" catalog; there are over 800 stories and anecdotes of officers who have been saved by their vests. Numerous stories are about slashing, collisions, shrapnel, etc. Good read!
whm1974
July 23, 2004, 02:54 PM
If I get one I'll let you guys know. I'll even post pics.
-Bill
Treylis
July 23, 2004, 04:46 PM
They need to be fitted to you when you buy one.
Could this fitting be done by hand? (And is it jsut for comfort?) I kind of want to get one just for the hell of it one day, but I'd prefer to not go broke if possible.
Kevlarman
July 23, 2004, 05:29 PM
Could this fitting be done by hand?
It sure can!
http://www.secondchance.com/images/male.gif
iapetus
July 24, 2004, 05:32 AM
SB88LX
What would be the point of outlawing citizens ability to wear armor for self preservation? Thats completely ????ing idiotic. Oh sorry, i forgot the times we live in.
I once got into an argument with a someone who claimed that allowing anybody to wear body armour effectively violated his 2nd Amendment rights (because it would make his guns useless).
whm1974
July 24, 2004, 07:56 AM
I once got into an argument with a someone who claimed that allowing anybody to wear body armour effectively violated his 2nd Amendment rights (because it would make his guns useless).
Head shots? Even with wearing body armor, getting shot can still knock someone off his feet.
-Bill
Doc
July 24, 2004, 09:58 PM
i had an interesting experience when i bought my first vest.
i was at the 'cop store' -- not the surplus store, the real one
in the bad neighborhood where you have to get 'buzzed' in --
the 'store' is a lobby about 8'x10' with holsters and tact gear
on the pegboard walls in front of a glass display counter,
behind which are the salespeople.
i enter and make idle conversation for about, oh, 5 seconds
with the LEO's in the store when i get waited on,
"Can I help you, sir?"
"I would like to buy a ballistic vest."
"What department are you with?"
"No department, just a law abiding citizen."
"Hold on; I'll check."
He disappears into the back and after what seems
like an eternity of me being eyeballed by the guys
who only moments ago were happy to make small talk
with me, returns with a form to fill out (specifically for this
particular situation, printed by Second Chance) and a
tape measure.
I fill out the form, he measures me, takes my deposit
and tells me he will call when my vest comes in.
The LEO's smile and i am on my way, being 'buzzed' out...
doc
whm1974
July 25, 2004, 04:48 AM
If you live in a bad neighborhood and you move for some reason, then getting a vest would be a good idea.
-Bill
odysseus
July 27, 2004, 03:14 AM
So has anyone bought one online who is not a LEO?
Sherwin
September 10, 2006, 12:12 AM
Im just wondering if body armors are legal because im planning on getting one.:)
longeyes
September 10, 2006, 10:49 AM
Another note: If I had another $400 to spend, I'd consider dropping back to level IIA, rather than full blown level II. You can get IIA a lot thinner/lighter, which makes a real difference some days between wearing and not wearing.
I think this make a lot of sense. I don't own body armor but if I did it would be with the idea of using it in a SHTF social unrest situation against the possible roving brigand with a handgun, not against snipers with .308 rifles.
Soybomb
September 10, 2006, 12:53 PM
(rough summary of ballistic differences: level IIa covers you up through light and medium handgun threats, eg .38spc, .45acp, etc, level II covers ALL normal handgun threats, eg .44 mag, which doesn't seem to be all that prevalent among criminals )
Even though this is an exceptionally old post, since its come back to the top again I thought I'd point out that its IIIa where you start to get protection from 44mag I believe.
Sherwin
September 10, 2006, 01:20 PM
Is it legal in Nevada
ServiceSoon
September 10, 2006, 01:24 PM
Type I (.22 LR; .380 ACP)
Type IIA (9 mm; .40 S&W)
Type II (9 mm; .357 Magnum)
Type IIIA (High Velocity 9 mm; .44 Magnum)
Type III (Rifles)
Type IV (Armor Piercing Rifle)
For a complete explanation of NIJ standards visit: http://www.nlectc.org/pdffiles/0101.04RevA.pdf
Aguila Blanca
September 10, 2006, 11:19 PM
1. While it is not ILLEGAL for a private citizen in California to wear or even POSESS body armor, the courts have ruled that an average citizen who is wearing body armor and who is NOT in the execution of a profession where it is prudent to wear armor, is likely to be in posession of body armor with the intent of committing a crime, which makes posession a felony.
Got a citation on that? That's quite a stretch, especially considering that constitutional "innocent until proven guilty" thing people keep talking about. You're saying that the police can arrest you, try you and convict you of a felony just for possession, with NO evidence whatsoever that you ever so much as considered jaywalking?
I am willing to be convinced, but I'm a fer piece from bein' there at the moment.
ServiceSoon
September 10, 2006, 11:24 PM
Dito to above statement.
Lucky
September 10, 2006, 11:38 PM
Kevlarman, great picture, good to know.
gunsmith,
"May find bicycle riding uncomfortable, I've ridden bicycles to work in uniform,you get hot quick-like 2 seconds of pedaling..."
Yea, one may find breathing or walking to be unfomfortable. I wore light iia a few times instead of a goofy plastic 'stab vest' and you should expect to sweat a lot. It sucks if you even run up a flight of stairs. Paramedics with the fancy custom-fit vests said that the undershirts with foam ribbing, to allow airflow, don't do anything for the heat either.
Creeping Incrementalism
September 10, 2006, 11:50 PM
A County has banned the sale or posession of Body Armor by any others than LEO's
Whoa, when did that happen? Can anbody find and links?
Sherwin
September 10, 2006, 11:53 PM
Who lives in NEVADA?? That owns one
Soybomb
September 11, 2006, 12:19 PM
Medula:
You're probably well aware of this but given your recommendation of Second Chance and the image of your armor which starts with a model number of ZYL I thought I'd bring it up. I believe your body armor is made entirely of zylon. Personally I wouldn't be wearing it.
If you buy used body armor, watch out for any material called zylon in your armor. Most people feel that a blend with any zylon in it is not safe as the fabric degrades much faster that other materials.
If you'd like to read more here's a link to a DOJ test of zylon vests http://www.ojp.usdoj.gov/bvpbasi/docs/SupplementII_08_12_05.pdf#search=%22zyl-ii%20zylon%22 If you scroll down to page 37 of the document you'll see where your exact model of armor failed to stop penetration from .357 mag rounds and had insufficient back face deformation with both 9mm and .357 mag rounds. Be careful!
The body armor seller you linked to seems to also carry a warning about it so I applaud them http://www.bulletproofme.com/How_to_Select_Body_Armor.shtml#Don_t_Worry
edit: From reading some of your other posts I think you may be trolling here, but either way its important information for anyone looking to buy some armor.
Gunfire
September 11, 2006, 01:14 PM
I know of three persons who were sentenced to 16 months a piece for merely posessing a SAPI vest (Gulf war II vets) while transporting a single rifle to the range. The CHP "officer" who arrested them stated in court that the only reason to posess the armor at the same time as a "sniper rifle" (which was nothing more than a REM 700 BDL in 30-06) was to commit a crime. Their defense was that they were going to shoot the plates to build confidence in the system before they returned to Iraq the following month.
Too bad, I don't believe you, said the Judge. Off to jail with all of them.
If this is true, this judge should be brought up on treason for interfering with federal military personel and operations.
Some judges get this holier than thou ego. They are supposed to accept explainations from 'all men/citizens', at face value, if they are reasonable . It seems they become jaded from seeing so many criminals and they eventually start treating everyone like criminals. They don't consider the totality of the circumstances and give the citizen the benefit of the doubt when there are 'no' other 'More' reasonable factors that point to an explaination other than what the citizen has given.
A Man's Freedom and reputation should not be taken so lightly. How to impeach the guilty though?
leadcounsel
September 11, 2006, 01:24 PM
I haven't researched the laws in all 50, but in Colorado there is no law prohibiting the possession or wearing body armor. I suspect that outside Kalifornia or NY, there wouldn't be any legalities against it. I'll assume you're not going to commit a crime but would suggest that a person wearing body armor while committing a crime would be easier to convict and have his sentence enhanced. On a personal note, I bought one from www.bulletproofme.com for under $500. Nice vest, level IIA. Nice to know that I have it. I used to wear it more religously, now I wear it occassionally and more often in cool weather. I keep it stored under the bed for late night emergencies. Never needed it, glad to have it.
Yup, the police have a lot of power and "Terry" stop and searches are just one of them. If the cops see (whether real or imagined) anything suspicious they can stop you (on the street or in a vehicle), frisk you for weapons (for their own safety of course - and if they turn up illegal substances that will be cause for arrest). More about "Terry..."
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the street and searched him without probable cause.
Because of the important interest in protecting the safety of police officers, the Court held that police have the ability to stop someone and do a quick surface search of their outer clothing for weapons. This is allowed if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed and dangerous. This reasonable suspicion must be based on specific and articulable facts and not merely upon the officer's hunch. This permitted police action has subsequently been referred to in short as a "Terry stop and frisk", or simply a "Terry stop." The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops.
The rationale behind the Supreme Court decision revolves around the understanding that, as the opinion notes, "the exclusionary rule has its limitations". The meaning of the rule is to protect persons from unreasonable searches and seizures aimed at gathering evidence, not searches and seizures for other purposes (like prevention of crime or personal protection of police officers).
Soybomb
September 11, 2006, 08:36 PM
Medula Oblongata - Sorry if it sounded too much like an attack, just wanted to be sure you and anyone else thinking about buying armor was aware of the zylon problem. Hate for anyone to find out the wrong way about it. Interesting that the 7.62 didn't go through even level 2 also!
Aguila Blanca
September 11, 2006, 09:16 PM
If you read the DOJ study which is not the regulatory agency over armor standards, NIJ is, in all of their testing they were unable to duplicate the results of the shooting in PA.
Aside from that statement being rather grammatically impossible, you should probably know that the NIJ is, in fact, not a regulatory agency at all, but a research branch within the DOJ. The DOJ is the regulatory agency.
http://www.ojp.usdoj.gov/nij/about.htm
got cope?
September 12, 2006, 08:11 AM
1. While it is not ILLEGAL for a private citizen in California to wear or even POSESS body armor, the courts have ruled that an average citizen who is wearing body armor and who is NOT in the execution of a profession where it is prudent to wear armor, is likely to be in posession of body armor with the intent of committing a crime, which makes posession a felony.
Wonderful Kalifornia, guilty before proven innocent.
Sherwin
September 15, 2006, 08:22 PM
Wonderful Kalifornia, guilty before proven innocent
HAHA funny
Hank Zudd
September 15, 2006, 08:53 PM
a really crappy part of San Francisco at night (4 years ago) , a punk shot up a bus less than 20 feet from where I was working with a crew fixing a manhole. I went the next afternoon & spent $400.00 on a Level IIA vest; wore it off & on for the next 6 months (primarily when I was working closer to houses, instead of the freeway) Nobody said boo; course I didn't let on when wearing it.
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