California Body Armor Ban: Eligibility, Penalties, and Exceptions

Body armor is legal to buy, own, and wear in California for anyone who is not a convicted violent felon and is not otherwise prohibited from possessing a firearm. No permit, license, or registration is required for eligible buyers. California body armor laws are built around Penal Code Section 31360, which carves out two prohibited groups and leaves everyone else free to purchase armor at any protection level.

Who Cannot Own Body Armor

Section 31360 works in two tiers. Subdivision (a) makes it a felony for anyone convicted of a violent felony to purchase, own, or possess body armor. The conviction can come from California, another state, or federal court.1California Legislative Information. California Code Penal Code 31360

Subdivision (b) reaches further. It bars anyone who is prohibited from possessing a firearm under California law from possessing body armor, and makes that violation a misdemeanor. The firearm-prohibition category is much broader than violent felons alone: it includes people subject to domestic violence restraining orders, people affected by certain mental health holds, and people with various misdemeanor convictions that trigger a firearm ban.2California Legislative Information. California Code PEN 31360

“Violent felony” is defined by Penal Code Section 667.5(c). The list includes murder, robbery, kidnapping, carjacking, arson, certain sex offenses, attempted murder, and any felony in which the defendant inflicted great bodily injury or used a firearm.3California Legislative Information. California Code PEN 667.5 A nonviolent felony on its own, such as a drug possession or fraud charge, does not trigger the felony-level ban. But if that same conviction produced a firearm prohibition, subdivision (b) still applies.

What Counts as Body Armor

Penal Code Section 16288 defines body armor as any bullet-resistant material designed to provide ballistic and trauma protection for the wearer.4California Legislative Information. California Code Penal Code 16288 The definition is deliberately broad. Soft concealable vests, hard rifle-rated plates, and everything in between all qualify. The statute draws no line based on protection rating.

Penalties for Illegal Possession

A violent felon caught purchasing, owning, or possessing body armor faces a new felony. California uses a sentencing triad of 16 months, two years, or three years in state prison, and the judge selects among those based on the circumstances.1California Legislative Information. California Code Penal Code 31360 The statute does not set a specific fine, though standard California felony fine provisions can apply at the court’s discretion.

Someone who is barred only through the firearm-prohibition route faces a misdemeanor. California misdemeanors generally carry up to six months in county jail and a fine of up to $1,000, with the court setting the actual sentence. When a court advises a person of a firearm prohibition, it must also advise them of the body armor prohibition, and that person must surrender any body armor they possess.2California Legislative Information. California Code PEN 31360

How to Petition for an Exception

A person prohibited under either subdivision can petition for relief if their employment, livelihood, or safety depends on being able to legally possess body armor. The petition does not go to a court. It goes to the chief of police or county sheriff in the area where you want to possess and use the armor.2California Legislative Information. California Code PEN 31360

The reviewing official weighs whether you’re likely to use body armor safely and lawfully and whether you have a reasonable need given your circumstances. The Legislature directed officials to consider continued employment, the interests of justice, and the totality of the circumstances, and gave them broad discretion. Relief may be full, partial with conditions, or denied outright. Approval is not guaranteed.1California Legislative Information. California Code Penal Code 31360

If your petition succeeds, you must carry a certified copy of the written permission whenever you possess body armor, along with any conditions attached to the approval.2California Legislative Information. California Code PEN 31360

The Federal Layer

Federal law adds a separate prohibition. Under 18 U.S.C. ยง 931, anyone convicted of a felony that qualifies as a federal “crime of violence” is barred from purchasing, owning, or possessing body armor, no matter what state they live in. The maximum federal penalty is three years in prison.5Office of the Law Revision Counsel. 18 USC 931 – Prohibition on Purchase, Ownership, or Possession of Body Armor by Violent Felons

The federal statute has one narrow defense. If your employer, through a supervisor, certifies in writing that body armor is necessary for the safe performance of your job, and your use stays within the scope of that work, you can raise the certification as a defense. Written approval from the chief law enforcement officer in your area is also required.5Office of the Law Revision Counsel. 18 USC 931 – Prohibition on Purchase, Ownership, or Possession of Body Armor by Violent Felons

Because the state and federal prohibitions run independently, a single act of possession can expose a person to both. A violent felon caught with body armor in California could face state felony charges of up to three years plus federal charges of up to another three.

What Eligible Buyers Can Do

If you have no felony conviction and no firearm prohibition, California places no restrictions on buying, owning, or wearing body armor. You can order online or buy in person. No registration or permit is required, and the state does not limit sales by protection level, so concealable soft vests and rifle-rated hard plates are both available.

Other states handle this differently. New York, for example, generally requires that body armor sales to individuals outside certain professions happen in person, which effectively blocks online purchases for most residents.6Department of State. Body Armor If you plan to travel with armor or buy across state lines, check each state’s rules before you order.