Laws for possessing BODY ARMOR in CA

A

akira1477

Joined
Mar 10, 2005
Messages
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I am currently going through a case rite now, so I have not been sentenced yet. I had a concealed weapon with modifications to the serial # and was wearing a Ballistic Vest, when arrested. But I was not Charged for Possessing the body armor. I am wondering if I get a Misdeameanor, would it be Illegal for me to own a Ballistic Vest in the State of California??

I found this --- 12022.2.
(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in subdivision (b) of Section 12021.1, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(c) As used in this section, "body vest" means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.


But I am not sure if that applies towards my crime.
 
This sounds as though it only applies if you were robbing a bank or something of the sort. If you were picked up for simple possession, I don't think it applies.

-Duffin
 
We're you only charged with posession or were you arrested while commiting a violent crime or a felony?
 
It will also depend on what this is:

"...as defined in subdivision (b) of Section 12021.1"
 
You are "interfering with arrest" by wearing something that prevents them from killing you. I think you need to discuss this with your lawyer.
Try to avoid situations like this in the future...
 
I did not commit a violent crime, I was pulled over for a traffic stop. The Vest was on me, and the weapon was in a backpack in close proximity. The 2 clips were seperate from the gun but Fully Clipped. I have two charges...one for carrying a concealed weapon and the other for the scratched serial number. After i told them i had a gun in my back pack...i also notified the officer of the vest I was wearing before his backup arrived. Then backup arrived, and they too were notified of my vest, thats when every single gun was pointed at my head and a shotgun to my back, when they pulled me from the vehicle. They took my vest in for evidence. So I am really confused, it its illegal to have or not, due to the fact that I wasnt charged for it.
 
So, let me get this straight: you were driving around, minding your own business, wearing a ballistic vest and carrying a gun with an altered serial number. :rolleyes:

It appears that the police stopped you before section 12022.2 could become applicable.
 
My only question is WHY? That is the law's question also and it is up to you to convince them you are innocent (not likely to happen).
They are lied to everyday by people with EXCUSES about their actions and rarely is there a valid (!) REASON. Despite that you 'seem' to be a nice guy (we only just met you and only have your word you are 'innocent') the law must assume you are up to no good. Perhaps you are only guilty of being ....'unthinking'...., but in the eyes of the law you are a threat, a loose cannon, a potential perp and a future resident of the penal system.
Wearing a vest might impress your buddies but it really impresses a LEO. I don't think you are in a good place. You better have a good lawyer and you had better be honest with him and everyone else professionally involved. From here in you can be the nicest most trustworthy dude in the world but all that really matters is what the paper says you did and how it is interpretted by the system.
I wish you the best of luck if you were truely only guilty of being stupid... if you are a bad guy being indignant about 'bad luck', I hope you get screwed hard.
As I said 'Good Luck'.
 
Indeed, I made a dumb mistake. I was at a local coffee shop, and noticed a large group forming outside. I was there with a couple buddies, we left after we finished our drinks and noticed that the group were eyeing us as we were leaving. We drive to another location, and as soon as we step from our vehicles, we notice one of the members of that group looking at us, he then gets back in his vehicle and leaves. We were "followed" for no aparent reason. So thats when I made the decision to go back home, get the items, and decide to go back to the coffe shop, to ask what was the reason to follow us. The coffe shop was closed by the time we arrived, so we dedided to get a bite to eat and head home. While driving to a local fastfood restaurant, we notice that the drive thru line was way too long to wait, so now its time to go home. As we leave the area theres a Police car to the side of the road. He pulls us over for a Licsense Plate Cover; due to glare he could not read the licsense plate....Then comes the arrest.

Now I am a first time offender, and have had no trouble with the law previously. I was told by my lawyer, that whether its a Felony or Misdemeanor.. I would not be able to own a gun in the state of CA for 10 years. Now im not sure if I heard him right, but I believe thats what he said.

My question is not regarding my case, but would I be able to legally own a Ballistic Vest while I remain on probation, or after my probation is served??
(IF ALL CHARGES ARE BROUGHT TO MISDEMEANOR)

Alot of people tell me its illegal, and others say its not. Illegal to own? Illegal to wear?
 
"... We were "followed" for no aparent reason. So thats when I made the decision to go back home, get the items, and decide to go back to the coffe shop, to ask what was the reason to follow us."

That would have been a great time to simply report suspicious activity to the police. Going back expecting trouble was the breaking point between any self defense situation and assault whether you started it or not. You were a participant by returning. Your best option, regardless of testosterone and superior firepower, was to be a chicken and run. I am afraid the judge will see you as intending bodily injury and assault by your returning to the scene and confronting other people carrying weapons. Regardless of any issues between you and whether you thought you could 'handle' the situation you should have completely chickened or chickened and called the police.
You are probably very lucky no-one was at the coffee shop when you returned.
Last time, good luck.
 
Merek said:
"... We were "followed" for no aparent reason. So thats when I made the decision to go back home, get the items, and decide to go back to the coffe shop, to ask what was the reason to follow us."

That would have been a great time to simply report suspicious activity to the police. Going back expecting trouble was the breaking point between any self defense situation and assault whether you started it or not. You were a participant by returning. Your best option, regardless of testosterone and superior firepower, was to be a chicken and run. I am afraid the judge will see you as intending bodily injury and assault by your returning to the scene and confronting other people carrying weapons. Regardless of any issues between you and whether you thought you could 'handle' the situation you should have completely chickened or chickened and called the police.
You are probably very lucky no-one was at the coffee shop when you returned.
Last time, good luck.
Click to expand...


I couldn't agree more.
 
Self defense rule #1 - avoidance

Of course, it sounds like there's more of a story here, and that option may not be 100% available.


Anyway, hope you have a good lawyer. If you do, he can answer all this stuff for you. If not, get a second opinion. Probably best not to post details in a public forum until after proceedings are concluded. As they say in all the good cop shows - what you say will be used against you, if not in the court, then in the press.

Good luck, hope you come out as clean as you came in.
 
I think you have more important crap to be worrying about than whether or not you will be charged for wearing body armor. Why in the hell would you own a handgun with the serials scratched out :rolleyes: ?

The more I read back and think about it, I think that this is a hoax, I think it's fake. Any person in their right mind would not worry about what people think of their case, if they were crazy enought to be grasping at straws on a website forum, it would be bodyarmorforums :D , not bladeforums. I think it's a fake.
 
silenthunterstudios said:
I think you have more important crap to be worrying about than whether or not you will be charged for wearing body armor. Why in the hell would you own a handgun with the serials scratched out :rolleyes: ?

The more I read back and think about it, I think that this is a hoax, I think it's fake. Any person in their right mind would not worry about what people think of their case, if they were crazy enought to be grasping at straws on a website forum, it would be bodyarmorforums :D , not bladeforums. I think it's a fake.
Click to expand...

I couldn't agree more with that assessment.

Tom
 
I have found the case to be that it is just what it sounds like.
1. Some people have no common sense.
2. They have no clue who to ask for help.
3. Little or no responsibility for their actions (as they are in a points 1&2 world.)
4. Some people just make excellent examples for others of what not to do.
Body armor or guns or knives or whatever... the lesson can be applied.
 
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