Why It's Dangerous for Felons to Possess Body Armor

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The possession of body armor by felons poses a significant danger to public safety and law enforcement. Body armor is designed to protect individuals from gunfire and other physical attacks, which makes it a valuable asset for those engaging in criminal activities. When felons, particularly those with violent backgrounds, have access to body armor, they gain a considerable tactical advantage over police officers and the public. This advantage can lead to more brazen and dangerous criminal behavior, as the felons may feel emboldened by their perceived invulnerability.

For law enforcement, the presence of body armor on felons complicates and escalates the risks associated with apprehending them. Police officers are trained to handle various threats, but when a suspect is wearing body armor, standard procedures and tactics can become less effective. For instance, in a shootout or armed confrontation, body armor can render many of the officers' defensive measures ineffective, putting their lives in greater jeopardy. This not only increases the risk to the officers themselves but also to innocent bystanders who might be caught in the crossfire. The added difficulty in neutralizing an armed and protected felon can lead to longer, more dangerous standoffs, heightening the potential for collateral damage.

The restriction on felons possessing body armor is not a violation of the Second Amendment, which protects the right to keep and bear arms. The Second Amendment does not guarantee unrestricted access to all forms of protective equipment, especially for those who have been convicted of serious crimes. Courts have upheld various regulations that restrict certain individuals, such as convicted felons, from accessing weapons and related gear. These restrictions are considered reasonable measures to ensure public safety and order. The rationale is that individuals who have demonstrated a propensity for violence and disregard for the law pose a heightened threat if they have access to body armor.

Where does it say that in the law?

Amendment 670 is a legal change to Chapter Two, Part K, Subpart 2 of the Federal Sentencing Guidelines Manual that introduces a new rule about body armor for people who have been convicted of violent felonies. It explains how such cases should be handled in court, including how serious the offense is and what extra penalties might apply.

Key Points of the Amendment

1. Who Does This Affect?
• This law applies to people who have been convicted of violent crimes, either at the federal or state level. If you've been convicted of a felony (a serious crime punishable by more than a year in prison), you cannot possess, purchase, or own body armor.
2. Base Offense Level: 10
• When a violent felon is caught with body armor, the starting point for determining their punishment is called the "base offense level," which is set at 10. This level helps decide how severe the punishment should be.
3. Increased Penalty for Using Body Armor in Another Crime
• If the person uses the body armor while committing another felony (another serious crime), their offense level increases by 4 points, making the punishment more severe.

Important Terms Explained

• Defendant: This term refers to the person who is being charged with the crime. In this amendment, it specifically means the individual whose actions are being judged, including anything they actively helped with.
• Felony Offense: This means any serious crime that could lead to more than a year in prison, regardless of whether the person was actually charged or convicted.
• Used: This means the body armor was actively employed to protect against gunfire or used for bartering. Simply having the armor in a car trunk, for example, doesn't count as "used."

Commentary and Notes

• Additional Guidance: The amendment includes extra notes to clarify how to apply these rules, like how to handle cases where the body armor was used in connection with another felony.
• No Double Penalty: If the body armor was used in another felony, and that felony itself has a rule about using body armor, you don’t get penalized twice for the same thing.

Why Was This Amendment Made?

The amendment was necessary because a new law (18 U.S.C. § 931) was created to specifically address violent felons possessing body armor. Before this amendment, there wasn't a clear guideline for how to handle these cases.

Penalties Under the New Law

• Statutory Maximum: The maximum prison term for possessing body armor as a violent felon is three years.
• Base Offense Level: A base offense level of 10 is set for this crime, lower than some gun-related crimes, reflecting its relative seriousness.
• Increased Punishment for Additional Crimes: If the body armor is used in another felony, the offense level goes up by 4 points, making the sentence potentially harsher.

Effective Date

• The amendment took effect on November 1, 2004.

Amendment 670 makes it clear that violent felons are prohibited from possessing, purchasing, or owning body armor. It sets specific rules for how these cases should be handled, including extra penalties if the armor is used in other crimes. This ensures that the legal system has a structured approach to dealing with these offenses.