Under California body armor laws, most adults can buy, own, and wear body armor without a permit or license. The two exceptions are significant: anyone convicted of a violent felony and anyone otherwise prohibited from possessing a firearm cannot legally have body armor in California. Violations range from a misdemeanor to three years in state prison, and wearing armor while committing a violent crime adds a separate enhancement of one, two, or five years on top of the underlying sentence.
Who Is Barred From Owning Body Armor
Penal Code Section 31360 identifies two prohibited categories.1California Legislative Information. California Code PEN 31360 – Body Armor
The first is people convicted of a violent felony under federal law, California law, or the law of any other state or country. The bar applies no matter how long ago the conviction occurred. The qualifying offenses are defined in Penal Code Section 29905 and include murder, robbery, kidnapping, carjacking, certain sexual offenses, and any attempt to commit a listed crime.2California Legislative Information. California Penal Code 29905 The list is long. If you have any felony conviction involving force or the threat of force, assume it qualifies until an attorney tells you otherwise.
The second category, added by Assembly Bill 92 in 2023, covers anyone barred from possessing a firearm under California law. That sweeps in certain misdemeanor convictions, active restraining orders, and other firearm disqualifications well beyond violent felonies. If you can’t legally own a gun in California, you can’t legally own body armor either.
Everyone else can buy it. California places no restriction on the type or protection level an eligible buyer can own. Soft concealable vests, hard ceramic plates, and steel plates are all legal.
What Qualifies as Body Armor
Penal Code Section 16288 defines body armor broadly as any bullet-resistant material designed to provide ballistic and trauma protection for the person wearing it. That covers soft vests, external plate carriers, standalone ceramic or steel plates, and anything else marketed for ballistic protection. Stab-resistant vests that are not designed to stop bullets generally fall outside the definition, though a product rated for both stab and ballistic threats would qualify.
Federal law uses a similar definition. Under 18 U.S.C. § 921, body armor is any product sold as personal protective body covering intended to protect against gunfire, worn alone or as part of another garment.3Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Penalties for Illegal Possession
The consequences turn on which prohibition applies.
For someone with a violent felony conviction, possessing body armor is itself a felony. The sentence is 16 months, two years, or three years in state prison, with the court choosing from that triad based on aggravating and mitigating factors. This is a standalone charge, not an enhancement to something else.
For someone barred from possessing firearms but without a violent felony conviction, illegal possession of body armor is a misdemeanor.
Both penalties apply to mere possession. You don’t have to be caught wearing the armor or using it during a crime. Having it stored in a closet is enough.
Wearing Body Armor During a Violent Crime
Penal Code Section 12022.2 imposes a separate sentence enhancement on anyone who wears a body vest while committing or attempting a violent felony. The enhancement adds one, two, or five years to the prison term for the underlying crime, served consecutively.4California Legislative Information. California Code PEN 12022.2 The extra time stacks on top of whatever the crime itself carries.
Courts default to the middle term of two years unless circumstances justify the low or high end. Prior convictions or particularly dangerous conduct push toward five years; a minor role in the offense could bring it down to one.
The statute uses “body vest,” but the definition matches the general one: any bullet-resistant material intended to provide ballistic and trauma protection. The qualifying violent offenses are the same crimes listed in Section 29905.
Importantly, this enhancement does not depend on whether the person could legally own the armor in the first place. A completely eligible buyer who wears a vest while committing an armed robbery faces the same one-to-five-year enhancement as a prohibited felon would.
What Sellers Have to Do
AB 92 also put obligations on sellers. Before completing a sale, a seller must verify that the buyer is not in either prohibited category. In practice that means confirming the buyer has no disqualifying violent felony conviction and is not otherwise barred from firearm possession.
Online purchases and shipments to California addresses are generally permitted. The state does not require face-to-face transactions the way some other jurisdictions do. Reputable online retailers typically ship only to verified physical addresses and will decline a sale if the buyer cannot pass a basic eligibility check.
Federal Law Runs Alongside
Even if California’s rules clear you, federal law imposes a separate prohibition. Under 18 U.S.C. § 931, anyone convicted of a federal crime of violence, or a state offense that qualifies as a crime of violence under federal law, cannot purchase, own, or possess body armor.5Office of the Law Revision Counsel. 18 U.S. Code 931 – Prohibition on Purchase, Ownership, or Possession of Body Armor by Violent Felons
The federal definition of “crime of violence” doesn’t line up perfectly with California’s violent-felony list, so it’s possible to be prohibited under one law but not the other. Most violent felony convictions trigger both. A violation of the federal statute is a separate federal offense, meaning a single act of possession could draw both state and federal charges.
Federal law does allow a narrow exception when body armor is necessary for the prohibited person’s livelihood and the appropriate authorities approve. It is rarely granted.
Exemptions for Officers, Military, and Certain Jobs
Section 31360 exempts people who would otherwise be prohibited when they need body armor for their work. Law enforcement officers and military personnel can possess and use body armor as part of official duties. The exemptions also reach certain civilians in high-risk roles, such as security professionals and armored vehicle crews. Employer documentation or similar proof of employment is typically required, and the exemption ends when the job does.
If you are an eligible buyer with no disqualifying record, you don’t need an exemption at all. You can simply buy body armor.
Traveling Out of the Country With Body Armor
Legal ownership in California doesn’t automatically translate to legal international travel. Federal export controls treat body armor differently depending on its protection level.
Higher-rated armor (NIJ RF3 and above, roughly equivalent to the old Level IV) is a controlled defense article on the U.S. Munitions List under the International Traffic in Arms Regulations.6Federal Register. International Traffic in Arms Regulations: U.S. Munitions List Targeted Revisions Lower-rated armor (NIJ HG1, HG2, RF1, and RF2) falls under the Export Administration Regulations, which generally involves a less restrictive licensing process.
A personal exemption exists for temporary export. Under 22 CFR § 123.17, a U.S. person may temporarily take one set of ITAR-controlled body armor abroad without an export license, provided they declare it to Customs and Border Protection on departure, carry it in personal baggage, and intend to bring it back.7eCFR. 22 CFR Part 123 – Licenses for the Export and Temporary Import of Defense Articles Travel to certain embargoed countries requires additional documentation showing a government affiliation or contract. Failing to declare body armor at the border can lead to seizure and federal penalties.