Browse Arkansas Code titles and sections
34 U.S.C. § 10534 — James Guelff and Chris McCurley Body Armor Act of 2002
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “James Guelff and Chris McCurley Body Armor Act of 2002”.
**(b) Findings** Congress finds that—
(1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power;
(4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime;
(5) of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce clause
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10534
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 764c5a252bd4e4c58d9cc964be835dee7350dcf4c9ded2254c542f4117cb801c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_4862a6fc77b4d3f42536ec15
Source file: Laws/federal/codes/united-states-code/title-34/section-10534-james-guelff-and-chris-mccurley-body-armor-act-of-2002--3ac409f419.md
Pages: Not recorded – Not recorded
Passage SHA-256: 05d334b64a6342fffd5f6456d3da736f8f9d831a9e4036aec8b4433f8f837044
Source location: Title 34, Chapter 101, § 10534; chapter-101-justice-system-improvement.md
Stored source content
**(a) Short title** This section may be cited as the “James Guelff and Chris McCurley Body Armor Act of 2002”.
**(b) Findings** Congress finds that—
(1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power;
(4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime;
(5) of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities.
**(c) Definitions** In this section:
(1) **Body armor** — The term “body armor” means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
(2) **Law enforcement agency** — The term “law enforcement agency” means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
(3) **Law enforcement officer** — The term “law enforcement officer” means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
**(d) Amendment of sentencing guidelines with respect to body armor**
(1) **In general** — Pursuant to its authority under [section 994(p) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/p&num=0&edition=prelim), the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence (as defined in [section 16 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16&num=0&edition=prelim)) or drug trafficking crime (as defined in [section 924(c) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section924/c&num=0&edition=prelim)) (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) in which the defendant used body armor.
(2) **Sense of Congress** — It is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels.
**(e) Omitted**
**(f) Donation of Federal surplus body armor**
(1) **Definitions** — In this subsection, the terms “Federal agency” and “surplus property” have the meanings given such terms under [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
(2) **Donation of body armor** — Notwithstanding sections 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor—
(A) is in serviceable condition;
(B) is surplus property; and
(C) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002).
(3) **Notice to Administrator** — The head of a Federal agency who donates body armor under this subsection shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor.
(4) **Donation by certain officers**
(A) *Department of Justice* — In the administration of this subsection with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency:
(i) The Administrator of the Drug Enforcement Administration.
(ii) The Director of the Federal Bureau of Investigation.
(iii) The Commissioner of the Immigration and Naturalization Service.
(iv) The Director of the United States Marshals Service.
(B) *Department of the Treasury* — In the administration of this subsection with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency:
(i) The Director of the Bureau of Alcohol, Tobacco, and Firearms.
(ii) The Commissioner of U.S. Customs and Border Protection.
(iii) The Director of the United States Secret Service.
(5) **No liability** — Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this subsection.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) **Care and handling.—** — The term “care and handling” includes—
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) **Contractor inventory.—** — The term “contractor inventory” means—
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) **Excess property.—** — The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities.
(4) **Executive agency.—** — The term “executive agency” means—
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) **Federal agency.—** — The term “federal agency” means an executive agency or an establishment in the legislative or judicial bra
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 102
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The term “crime of violence” means—
**(a)** an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
**(b)** any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 16
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 211
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 931
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ll–3 was editorially reclassified as [section 10534 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10534&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3797a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 168
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10534
(A) body armor, no less than Type I, which
has been tested through the voluntary com-
pliance testing program operated by the Na-
tional Law Enforcement and Corrections
Technology Center of the National Institute
of Justice (NIJ), and found to meet or exceed
the requirements of NIJ Standard 0101.03, or
any subsequent revision of such standard; or
(B) body armor that has been tested
through the voluntary compliance testing
program, and found to meet or exceed the re-
quirements of NIJ Standard 0115.00, or any
revision of such standard;
(2) the term ‘‘body armor’’ means any prod-
uct sold or offered for sale as personal protec-
tive body covering intended to protect against
gunfire, stabbing, or other physical harm;
(3) the term ‘‘State’’ means each of the 50
States, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Vir-
gin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
(4) the term ‘‘unit of local government’’
means a county, municipality, town, town-
ship, village, parish, borough, or other unit of
general government below the State level;
(5) the term ‘‘Indian tribe’’ has the same
meaning as in section 5304(e) of title 25; and
(6) the term ‘‘law enforcement officer’’
means any officer, agent, or employee of a
State, unit of local government, or Indian
tribe authorized by law or by a government
agency to engage in or supervise the preven-
tion, detection, or investigation of any viola-
tion of criminal law, or authorized by law to
supervise sentenced criminal offenders.
(Pub. L. 90–351, title I, § 2503, as added Pub. L.
105–181, § 3(a)(3), June 16, 1998, 112 Stat. 514;
amended Pub. L. 106–517, § 3(d), Nov. 13, 2000, 114
Stat. 2408.)
Edi
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10534
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.