As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in California Law on March 15, 2022
All citizens of California have a legal right to protect themselves and the lives of their families, which includes the purchasing and wearing of bulletproof vests. Those who have been convicted of a felony, however, cannot purchase a bulletproof vest online or in person.
While it is also legal to sell bulletproof vests and other body armor, it is not the retailer’s responsibility to determine whether or not the buyer is legally permitted to purchase the vest; it is the buyer’s.
Here are a few other details to consider, when it comes to the definition of bulletproof vests and the legalities on a federal level and in the state of California.
Bulletproof vests can be defined as protection that is worn over the torso to shield that part of the body from gunfire and shrapnel from explosives. They have been proven to be incredibly effective in decreasing the risk of death, which is why lawmakers regulate their use by felons.
Kevlar, the vest’s tightly woven fabric, lessens the impact of high-speed projectiles. Some even have ceramic or metallic plates woven into the vest to protect wearers from rifle fire or larger firearms. Military and law enforcement officials rely on them while on duty, and civilians, including hunters and gun store owners, find them useful for protection when in action or on the job.
Based on federal law statute 18 U.S.C. 931, convicted felons are forbidden from purchasing and wearing body armor, or bulletproof vests. However, if, prior to the purchase, felons get written permission from their employer that they require the use of one, it can be permitted.
If the convicted felon violates this law and is prosecuted, he could receive a maximum three-year prison sentence; if the vest is worn during a federal crime of violence or drug trafficking, the sentence will be extended.
Retailers are not liable for an illegal purchase, but here are a few rights they have and federal laws they must follow:
Enacted as of January 1, 2022, California Penal Code Section 12022.2, if a convicted felon is wearing a body vest in the act or attempted act of a violent offense, the felon will receive an additional sentence of one, two, or five years on top of the punishment for the actual crime.
The court will consider the circumstances and state the reasons for which of the enhanced punishment increments were decided on at the time of sentencing.
If you are still unsure of your rights, because of extenuating circumstances, on bulletproof vest laws in California, you still have rights to a defense.