California Body Armor Laws: Who Can Own It and Penalties

Most adults can legally buy and own body armor in California without a permit, and the state does not restrict which protection level eligible buyers may purchase. California body armor laws draw a hard line in two places: people convicted of a violent felony cannot possess body armor at all, and neither can anyone who is barred from owning a firearm. Breaking those rules is a crime on its own, and wearing body armor while committing a violent felony adds a separate prison sentence on top of the underlying offense.

Who Is Prohibited From Owning Body Armor

California Penal Code Section 31360 identifies two groups of people who cannot purchase, own, or possess body armor.

The first is anyone convicted of a violent felony, whether the conviction came under federal law, California law, or the law of another state or country. The prohibition does not expire with time. The qualifying offenses are defined in Penal Code Section 29905 and include murder, robbery, kidnapping, carjacking, certain sexual offenses, and attempts to commit any listed crime.1California Legislative Information. California Penal Code 29905 The list is long. If you have any felony conviction involving force or threat of force, assume it qualifies until an attorney confirms otherwise.2California Legislative Information. California Code PEN 31360 – Body Armor

The second category, added by Assembly Bill 92 in 2023, covers anyone prohibited from possessing firearms under California law. That sweeps in people with certain misdemeanor convictions, people subject to active restraining orders, and others disqualified from firearm ownership for reasons short of a violent felony.2California Legislative Information. California Code PEN 31360 – Body Armor

If you are not in either category, you can buy soft armor, hard ceramic plates, or steel plates without a license and without a protection-level cap.

What Counts 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 wearer. That covers concealable soft vests, external plate carriers, and standalone ceramic or steel plates. A stab-resistant vest that is not designed to stop bullets generally falls outside the definition, though a vest rated for both threats would qualify.

Federal law uses a similar definition under 18 U.S.C. § 921, treating body armor as any product sold as personal protective body covering intended to protect against gunfire.3Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions

Penalties for Illegal Possession

The consequence depends on which prohibition applies.

A person with a violent felony conviction who possesses body armor commits a new 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 circumstances. This is a standalone offense, not an enhancement tacked onto another crime.2California Legislative Information. California Code PEN 31360 – Body Armor

A firearm-prohibited person who possesses body armor commits a misdemeanor.2California Legislative Information. California Code PEN 31360 – Body Armor

Both penalties attach to simple possession. You do not have to be wearing the armor or using it in a crime. Keeping it in a closet is enough.

Wearing Body Armor During a Violent Crime

Penal Code Section 12022.2 adds a separate sentence enhancement when someone wears a body vest while committing or attempting a violent felony. The enhancement is one, two, or five years in state prison, served consecutively to the sentence for the underlying crime. The court defaults to the two-year middle term unless aggravating or mitigating factors push toward the high or low end.4California Legislative Information. California Code PEN 12022.2

The statute uses “body vest” rather than “body armor,” but the functional definition is the same bullet-resistant material intended to provide ballistic and trauma protection. The qualifying offenses are the violent crimes listed in Section 29905.1California Legislative Information. California Penal Code 29905

This enhancement applies even to people who can lawfully own body armor. An eligible buyer who wears a vest during an armed robbery faces the same added one to five years as a prohibited felon would.

Rules That Apply to Sellers

AB 92 also placed obligations on anyone selling body armor in California. Before completing a sale, the seller must verify that the buyer is not a prohibited person, which in practice means confirming the buyer is neither a convicted violent felon nor someone barred from firearm possession.

Online purchases shipped to California addresses are generally permitted; the state does not require face-to-face transactions. Reputable retailers typically ship to verified physical addresses rather than P.O. boxes and will refuse a sale if the buyer fails a basic eligibility check.

Federal Law Runs Alongside

Federal law imposes its own ban. Under 18 U.S.C. § 931, anyone convicted of a federal crime of violence, or a state offense that would qualify as a crime of violence under federal law, is prohibited from purchasing, owning, or possessing 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” does not perfectly match California’s list of violent felonies, so a conviction can trigger one law without triggering the other. Most violent felony convictions trigger both, and a single act of possession can lead to charges in both systems.

Federal law allows a narrow exception for a prohibited person who can show the armor is necessary for their livelihood and who obtains approval from the appropriate authority. That approval is rarely granted.

Exemptions for Law Enforcement and Certain Jobs

Section 31360 carves out exemptions so that people in some occupations can possess body armor even if they would otherwise be prohibited. Law enforcement officers and military personnel may possess and use body armor as part of their official duties. The exemptions also reach certain civilians in high-risk roles, including security professionals and armored vehicle crews, where employer documentation or similar proof of the qualifying job is typically required. Leaving the position ends the exemption.

These carve-outs matter only to people who would otherwise be prohibited. An eligible buyer with no disqualifying record does not need an exemption to purchase body armor.

Traveling Internationally With Body Armor

Legal ownership in California does not translate into free movement across borders. Federal export controls treat body armor differently by protection level. Higher-rated armor (NIJ RF3 and above, roughly the old Level IV) is controlled under the International Traffic in Arms Regulations as a defense article on the U.S. Munitions List.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 use a less restrictive licensing process.

A personal exemption under 22 CFR § 123.17 lets a U.S. person 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. Travel to certain embargoed countries requires additional documentation tied to a government affiliation or contract.7eCFR. 22 CFR Part 123 – Licenses for the Export and Temporary Import of Defense Articles Failing to declare at the border can lead to seizure and federal penalties.

A Note on Certification When Buying

California does not cap the protection level an eligible buyer can purchase, so you can legally buy anything from a soft HG1 vest to an RF3 ceramic plate. The practical risk is counterfeit or uncertified product. Genuine armor carries an NIJ Certification Mark and a model designation on the ballistic panel label, and the model should appear on the NIJ Compliant Products List.8Office of Justice Programs / National Institute of Justice. Body Armor Label Brochure (Buyer Beware) Verifying both before you buy is the one check worth making every time.