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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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.

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Stable record: federal_law:legal_authorities:record_usc_e3d2702c0f8e550a649edfbd
Source file: Laws/federal/codes/united-states-code/title-18/section-931-prohibition-on-purchase-ownership-or-possession-of-body-armor-by-violent--3dfb5f7ccd.md
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Source location: Title 18, Chapter 44, § 931; chapter-044-firearms.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10534 — James Guelff and Chris McCurley Body Armor Act of 2002

**(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

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 931 — Prohibition on purchase, ownership, or

Page 268 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 931 (f) Nothing in this section limits the power of a court of the United States to punish for con- tempt or to promulgate rules or orders regu- lating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (g) As used in this section: (1) The term ‘‘Federal facility’’ means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of per- forming their official duties. (2) The term ‘‘dangerous weapon’’ means a weapon, device, instrument, material, or sub- stance, animate or inanimate, that is used for, or is readily capable of, causing death or seri- ous bodily injury, except that such term does not include a pocket knife with a blade of less than 21⁄2 inches in length. (3) The term ‘‘Federal court facility’’ means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney con- ference rooms, prisoner holding cells, offices of the court clerks, the United States attor- ney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States. (h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and no- tice of subsection (e) shall be posted conspicu- ously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with re- spect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be. (

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