I was asked whether it is legal to purchase possess and wear body armor in the state of Texas.
The short answer is, yes it is legal to purchase possess and wear body armor in the state of Texas.
Federal law prohibits the purchase ownership and possession of body armor by felons of a crime of violence. ". The question then becomes what a crime of violence is. That is also defined by federal law.
It is a crime, that had, as an element of the crime,
1. the threat of the useof physical force,
2. the attempted use of physical force or
3. the actual use of physical force
Further, federal criminal code had a catchall provision that expands the definitionof a crime of violence to include any felony crime 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."
This opens up the Prohibition from crimes with violence as an inherent element of the inchoate offense to crimes in which violence, although not an element of the crime itself, but to crimes in which the use of violence can be inferred.
This makes the Prohibition very open ended and open to interpretation.
Convictions under State law are brought into the federal Prohibition under (a)(2) if the crime under the state's penal code would fall under the federal definition of a crime of violence.
In this case, the Texas State Prohibition is more expansive than the federal Prohibition in that if you are a FELON under Texas law . . You MAY NOT possess body armor. Under federal law, certain classes of felons may possess body armor.
There is no law prohibiting or even addressing the wearing off body armor in the state of Texas.
Therefore, you may not only purchase and possess body armor in the state of Texas, but you may wear it.
Search 18 U.S.C. § 931 : US Code - Section 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.
18 U.S. CODE § 16 - CRIME OF VIOLENCE DEFINED
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.
Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.
Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.
The short answer is, yes it is legal to purchase possess and wear body armor in the state of Texas.
Federal law prohibits the purchase ownership and possession of body armor by felons of a crime of violence. ". The question then becomes what a crime of violence is. That is also defined by federal law.
It is a crime, that had, as an element of the crime,
1. the threat of the useof physical force,
2. the attempted use of physical force or
3. the actual use of physical force
Further, federal criminal code had a catchall provision that expands the definitionof a crime of violence to include any felony crime 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."
This opens up the Prohibition from crimes with violence as an inherent element of the inchoate offense to crimes in which violence, although not an element of the crime itself, but to crimes in which the use of violence can be inferred.
This makes the Prohibition very open ended and open to interpretation.
Convictions under State law are brought into the federal Prohibition under (a)(2) if the crime under the state's penal code would fall under the federal definition of a crime of violence.
In this case, the Texas State Prohibition is more expansive than the federal Prohibition in that if you are a FELON under Texas law . . You MAY NOT possess body armor. Under federal law, certain classes of felons may possess body armor.
There is no law prohibiting or even addressing the wearing off body armor in the state of Texas.
Therefore, you may not only purchase and possess body armor in the state of Texas, but you may wear it.
Search 18 U.S.C. § 931 : US Code - Section 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.
18 U.S. CODE § 16 - CRIME OF VIOLENCE DEFINED
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.
Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c) An offense under this section is a felony of the third degree.
Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.