California does not make possessing body armor a crime for everyone. Penal Code section 31360 applies to people with a qualifying violent-felony conviction and, under a separate rule in effect since January 1, 2024, people prohibited from possessing a firearm under California law for a reason other than section 29610. The statute covers purchasing, owning, or possessing body armor and allows relief actually granted by a police chief or sheriff under its petition provision. If you face a charge, start with the precise subsection on the charging papers and the status the prosecution says applies to you.
What counts as body armor under this charge?
For section 31360, section 16288 defines body armor as bullet-resistant material intended to provide ballistic and trauma protection for the wearer. A label such as “vest” or “protective clothing” does not settle whether the item meets that definition. In a disputed case, the item’s description, materials, intended use, and actual evidence about it matter.
| Alleged basis | What section 31360 requires | Statutory classification |
|---|---|---|
| Prior violent-felony conviction — subsection (a) | A qualifying violent-felony conviction under U.S., California, or another state, government, or country’s law, plus purchase, ownership, or possession of statutory body armor, unless authorized under subsection (c). The exact prior and its legal classification need checking. | Felony; section 31360(a) specifies 16 months, two years, or three years in state prison. |
| California firearm prohibition — subsection (b) | A person prohibited from possessing a firearm under California law purchases, owns, or possesses statutory body armor, unless authorized under subsection (c). The statute expressly excludes a prohibition under section 29610 from this branch. Section 29610 is the minor firearm-possession rule; another applicable prohibition must be evaluated separately. | Misdemeanor under section 31360(b). |
These are distinct ways the statute can apply. A felony record alone does not answer whether subsection (a)’s violent-felony requirement is met, and an allegation of firearm ineligibility needs its actual California-law basis for subsection (b). Ask for the record or order the charge relies on. The court is directed to advise a person of the body-armor prohibition when advising them of a firearm prohibition, and the statute directs relinquishment of body armor then held; a missed warning is not, by itself, a promised defense in the text of section 31360(b)(2).
Does a work or safety need create an exception?
It can support a petition, but it is not automatic permission. A person covered by either prohibition whose employment, livelihood, or safety depends on legally possessing and using body armor may petition the police chief or county sheriff where they seek to possess and use it. Under section 31360(c), that official may grant, limit, or condition relief after findings about safe and lawful use and a reasonable need for protection, considering the evidence and circumstances. The official is not required to grant every petition.
If relief was granted, its actual terms matter. Section 31360(d) requires the petitioner, as a condition of permission, to agree to keep a certified copy of the permission, including its limits, on their person. A pending application, employer request, or general safety concern does not establish granted relief.
What if the papers mention a body-vest enhancement?
That is a separate allegation. Penal Code section 12022.2(b) addresses wearing a body vest during the commission or attempted commission of a violent offense as defined in section 29905, with an additional consecutive term upon the specified conviction. Section 31360 instead concerns a prohibited person’s purchase, ownership, or possession. The charges and the facts needed to assess them differ.
For a case review, gather the charging document, the record or order cited for your status, any court advisement, information identifying the seized item, and any granted petition and certified permission. Note who owned or controlled the item and when; preserve the existing records for counsel. The Law Offices of David S. Chesley can discuss a California body-armor allegation at (800) 755-5174.