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18 U.S.C. § 931Prohibition on purchase, ownership, or possession of body armor by violent felons

submitted 24 years ago by Pub. L. 107-273 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 182 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is illegal to buy, own, or possess body armor if you were convicted of a violent felony. It is a defense if your employer gave written certification before you got the armor. The certification must say the armor was needed for safe work performed only in that job.

(a) It is illegal for a person to buy, own, or possess body armor if that person has a felony conviction for a "crime of violence." This section says "crime of violence" has the meaning given in section 16 of this title. This ban also covers a similar state felony committed within the "special maritime and territorial jurisdiction" of the United States. This section does not define that term. (b) It is a defense to this charge if two things are true. First, the person's employer gave written certification, before the purchase, that body armor was necessary for safe work. Second, the person used and possessed the armor only while doing that job. "Employer," here, means another employee who supervises the person's work. If the person has no supervisor, any other employee of the business may give the certification instead.

facts

- Codified at 18 U.S.C. § 931, titled "Prohibition on purchase, ownership, or possession of body armor by violent felons." - Added by Pub. L. 107–273, div. C, title I, § 11009(e)(2)(A), enacted November 2, 2002 (116 Stat. 1821). - Section contains 182 words and is organized into subsections (a) and (b), with (b) further divided into paragraphs (1)–(2). - The source credit reflects a single legislative enactment with no subsequent amendments listed, though the metadata notes an amendment count of 1.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is—

(1)

a crime of violence (as defined in section 16); or

(2)

an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States.

(b)Affirmative Defense.—
(1)In general.—

It shall be an affirmative defense under this section that—

(A)

the defendant obtained prior written certification from his or her employer that the defendant’s purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and

(B)

the use and possession by the defendant were limited to the course of such performance.

(2)Employer.—

In this subsection, the term “employer” means any other individual employed by the defendant’s business that supervises defendant’s activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.

Source credit: (Added Pub. L. 107–273, div. C, title I, § 11009(e)(2)(A), Nov. 2, 2002, 116 Stat. 1821.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-273 · 116 Stat. 1821
The record. According to the source credit, this section was added by Public Law 107-273, enacted November 2, 2002, appearing at division C, title I, § 11009(e)(2)(A) of that act, and published at 116 Stat. 1821. The credit reflects a single legislative action—the original enactment—and does not indicate that the section has since been amended. Historical context. Public Law 107-273 was a broad piece of Department of Justice authorization legislation enacted in the early 2000s, addressing a range of federal criminal justice matters. The prohibition on body armor possession by persons convicted of violent felonies is generally understood to reflect concerns, prominent in law enforcement and policy discussions of that period, about criminals using body armor to protect themselves during violent confrontations with police, thereby increasing the danger to officers and the public. High-profile incidents in the 1990s involving armed offenders wearing body armor during shootouts are commonly cited as part of the backdrop that spurred interest in such measures. However, the specific legislative record identified here does not include committee reports, sponsor statements, or other materials that would establish Congress's precise reasoning for including this particular provision within the larger 2002 act. Beyond the general historical context described above, the documentation provided does not establish why this section was enacted, and no more specific intent should be inferred.

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