18 U.S.C. § 931 - Possession of Body Armor by Violent Felons
It's widely known that if you're convicted of a felony offense, federal law prohibits you from owning, purchasing, or possessing firearms.
However, for those convicted of violent felonies, that ban also extends to body armor. This law, encapsulated in 18 U.S. Code 931, aims to limit the availability of protective gear to individuals with a history of violent crime. If you're convicted of violating this statute, you may be subject to up to three years in federal prison.
18 U.S. Code 931 Prohibition on purchase, ownership, or possession of body armor by violent felons law says,
(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 their 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 the defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.
What Does the Law Say?
18 U.S.C. 931 simply and explicitly prohibits any individual who has been convicted of a violent felony from purchasing, owning, or possessing body armor. This law specifically targets two types of convicted felons:
- Those convicted of federal "crimes of violence." These crimes are defined under U.S.C. 16 as involving the use, attempted use, or threatened use of physical force against another person or any other offense that involves a substantial risk of physical force being used against a person.
- Those convicted of a state equivalent of "crimes of violence"-in other words, state-level offenses that would meet the federal definition of crimes of violence had they occurred under federal jurisdiction.
For purposes of this law, "body armor" refers to any product sold or offered for sale as a personal protective body covering intended to protect against gunfire. This includes stand-alone products as well as accessories for other products.
It should also be noted that this specific statute only applies to body armor sold "in interstate or foreign commerce,"-meaning the sale or intended sale would cross state or international boundaries, putting it under federal jurisdiction.
Theoretically, if you illegally possessed body armor only manufactured and sold within one state, you would be subject to prosecution under the applicable laws of that state.
What is the Exception to the Rule?
18 U.S.C. 931 does provide one exception to the body armor ban:
- If you have written certification from your employer that the body armor is "necessary for the safe performance of lawful business activity,"
- If you only use the armor for that lawful purpose.
It's important to note that this exception is not a loophole but a legitimate defense. It's identified as an "affirmative defense," meaning it doesn't necessarily exempt you from being charged with a crime. However, once you have been charged, you can provide this certification as a valid defense for acquittal or to have the charges dropped.
What Must Be Proven to Convict?
To secure a conviction under 18 U.S. Code 931, the prosecution must prove all the elements of the crime beyond a reasonable doubt:
- Possession: You knowingly purchased, owned, or possessed body armor as defined above. Mere proximity to body armor is insufficient; the prosecution must prove conscious control or dominion over the armor.
- Prior Conviction: You have a prior conviction for a violent felony, either at the federal or state level.
- No Affirmative Defense: If you claim an affirmative defense (i.e., possessing the armor for lawful business purposes), the prosecution must disprove this defense.
What Are the Related Federal Laws?
18 U.S. Code Chapter 44 Firearms has several related federal statutes, such as the following:
- 18 U.S.C. 921 - Definitions.
- 18 U.S.C. 922 - Unlawful acts.
- 18 U.S.C. 923 - Licensing.
- 18 U.S.C. 924 - Penalties.
- 18 U.S.C. 925 - Exceptions: Relief from disabilities.
- 18 U.S.C. 925A - Remedy for erroneous denial of a firearm.
- 18 U.S.C. 925B - Reporting of background check denials to State authorities.
- 18 U.S.C. 925C - Annual report to Congress.
- 18 U.S.C. 925D - Special assistant U.S. attorneys and cross-deputized attorneys.
- 18 U.S.C. 926 - Rules and regulations.
- 18 U.S.C. 926A - Interstate transportation of firearms.
- 18 U.S.C. 926B - Carrying of concealed firearms by qualified law enforcement officers.
- 18 U.S.C. 926C - Carrying concealed firearms by qualified retired law enforcement officers.
- 18 U.S.C. 927 - Effect on State law.
- 18 U.S.C. 928 - Separability.
- 18 U.S.C. 929 - Use of restricted ammunition.
- 18 U.S.C. 930 - Possession of firearms and dangerous weapons in Federal facilities
- 18 U.S.C. 931 - Prohibition on purchase, ownership, or possession of body armor by violent felons.
- 18 U.S.C. 932 - Straw purchasing of firearms.
- 18 U.S.C. 933 - Trafficking in firearm.
- 18 U.S.C. 934 - Forfeiture and fines.
What are the 18 U.S.C. 931 Penalties?
Violating 18 U.S.C. 931 carries significant legal consequences. If you are convicted, you may face:
- Fines of up to $250,000, and
- Up to 3 years in federal prison.
What are the Common Defenses?
If you're charged with illegal possession of body armor as a convicted felon, an experienced federal criminal defense attorney can implement one or more key defenses to counter the charges. These defenses may include:
- Affirmative Defense: Proving with a written certification from your employer that your possession of body armor was necessary for lawful business activities as the law describes and that you only wore the armor for that purpose.
- Challenge to the Predicate Conviction: This involves challenging the classification of your prior felony conviction as "violent" under the statute. If the defense can argue that the prior conviction does not meet the legal definition of a violent felony, the basis for the charge may be invalid.
- Constructive Possession: In cases where you are accused of constructive possession (i.e., not physically holding the body armor but it under your control), your attorney may argue that you did not have the necessary control or intent to possess the body armor. This defense could be particularly relevant if the body armor were found in a location you did not regularly access.
- Duress or Necessity: In rare cases, a defendant might argue that they were compelled to possess body armor due to immediate threats to their safety or well-being. This defense, however, requires convincing evidence that your actions were necessary to avoid greater harm.
For additional information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
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