Why would felons want to protect themselves and their family? It is a natural thing to do. They want to protect their loved ones, themselves, and their home just like anyone else.
This blog post will cover the issue of whether a felon can own body armor.
- What Is Body Armor?
- How Does Body Armor Work?
- Limits for Felons
- Why Own Body Armor?
- Supporting a Felon in Owning Body Armor
What Is Body Armor?
Body armor is any type of protective clothing designed to stop attacks on an individual by deflecting penetration by a bullet, knife, or other weapon.
Body armor is used to protect military personnel, police, security guards, body guards, and private citizens.
Body armor dates back to ancient tribes, when it was made of animal hide, and to the Roman Empire, made of metal plates.
There are two types of body armor, non-plated and soft used by police and individuals, and hard-plated, used by combat soldiers, police tactical units, and even by private citizens.
More typical soft body armor started when hard-plated protection became too thick for practical use.
How Does Body Armor Work?
Body armor is actually bullet resistant, meaning it will prevent bullets of certain types, sizes, and velocities from penetrating.
An individual wearing body armor can still be injured by the bullet and can cause bruising or internal injuries.
Most body armor is made of a lightweight material such as Kevlar. This material is made of fine threads made into fibers and woven into a web. Layers of this web are placed together to form a panel.
Body armor is designed to give protection from smaller caliber bullets.
It is typically expensive and can range from $100 up to $1000 or more.
Limits for Felons
The familiar bullet proof vest is considered under federal law to be a type of body armor.
Under federal law, anyone convicted of a violent felony cannot legally own body armor. The only exception to this is for an employee performing a legal business activity as part of a job.
A violent crime is defined as one that uses, attempts to use, or threatens physical force against another person.
Any offense that is a felony and involves significant risk of physical force against an individual in committing the act is classified as a violent crime.
For any other crime, a felon is allowed by law to purchase or own body armor.
Any violation by a felon with a violent offense will result in a three-year prison sentence and a longer sentence if it is used in a violent crime or drug trafficking.
In California, for example, up to three years will be added to the sentence if body armor is used in committing a crime.
In Kentucky, use of body armor will disqualify a felon for parole.
In most states, wearing body armor during a violent crime is itself a crime and will result in a sentence beyond any other imposed by the court.
A few states like Louisiana dot not allow body armor to be worn on school property or at a school function.
The reason for limiting the sale and use of body armor, especially during a crime, is that a felon committing a crime while wearing it must be determined to commit a crime.
Why else would they be wearing it? That results in an enhanced sentence.
Some states will not allow a felon to own body armor because the state believes it will only encourage them to break the law.
All individuals have the right to protect themselves and their families. Anyone purchasing body armor must determine if it is legal for them to do so. Anyone selling body armor cannot be charged with a crime for selling it.
Body armor can be sold under certain conditions. Body armor can be sold in a store, over the phone, or online. It can be sold and shipped to all states except Connecticut.
Body armor cannot be shipped or taken outside the U.S.
Why Own Body Armor?
Body armor may be purchased by a felon wanting to protect themselves and their home.
While the average individual does not need body armor, someone in a situation in which they could be shot, may think about buying body armor.
While it is understandable to want to protect oneself and their family, a felon needs to exercise caution in owning body armor.
Because of their standing as a felon, it is not advisable for a felon to entering a situation where there could be gunfire.
Many persons would think that someone wearing body armor is expecting to be shot at whether by the police or a civilian. It is unwise for a felon to put themselves in this type or situation.
Denying felons with a violent history the opportunity to have body armor can help deter them from placing themselves in this type of position.
In addition to owning body armor, a felon who has strong evidence of their life being in danger can request an exemption from owning a firearm.
This exception is called the “affirmative defense of necessity.”
There are five criteria, including:
- Reasonable fear of death or serious injury
- No reckless placement of themselves in the path of that threat
- No reasonable alternative to firearm possession
- Reasonable belief that possession would avert the threat
- Maintain possession only as long as necessary to avoid the threat
Supporting a Felon in Owning Body Armor
For families of felons who want to own body armor, support them in doing so through legal means.
Be honest with them about the importance of this as part of their commitment to putting their criminal life behind them.
Following legal guidelines in owning body armor is important.
There is a legal method for owning body armor. Be there for them. Help them achieve this.
So what do you think about this blog post about whether a felon can own body armor? Have you or someone you know been in this situation? What was that like and were they successful? Please tell us in the comments below.