California Penal Code 31360 – (a) A person who has been convicted of a violent felony under …
(a) A person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other state, government, or country, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under subdivision (c), is guilty of a felony, punishable by imprisonment in state prison for 16 months, or two or three years.
(b) (1) A person who is prohibited from possessing a firearm under the laws of this state, except under Section 29610, who purchases, owns, or possesses body armor, as defined in Section 16288, except as authorized under subdivision (c), is guilty of a misdemeanor.
Terms Used In California Penal Code 31360
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes "city and county". See California Penal Code 7
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:
California Penal Code 16520
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(2) Upon advising a person of their firearm prohibition, a court shall also advise them of their body armor prohibition pursuant to this section. A person shall relinquish any body armor in their possession.
(c) A person whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, who is subject to the prohibition imposed by subdivision (a) due to a prior violent felony conviction, or who is prohibited pursuant to subdivision (b), may file a petition for an exception to this prohibition with the chief of police or county sheriff of the jurisdiction in which that person seeks to possess and use the body armor. The chief of police or sheriff may reduce or eliminate the prohibition, impose conditions on reduction or elimination of the prohibition, or otherwise grant relief from the prohibition as the chief of police or sheriff deems appropriate, based on the following:
(1) A finding that the petitioner is likely to use body armor in a safe and lawful manner.
(2) A finding that the petitioner has a reasonable need for this type of protection under the circumstances.
In making its decision, the chief of police or sheriff shall consider the petitioner’s continued employment, the interests of justice, any relevant evidence, and the totality of the circumstances. It is the intent of the Legislature that law enforcement officials exercise broad discretion in fashioning appropriate relief under this paragraph in cases in which relief is warranted. However, this paragraph may not be construed to require law enforcement officials to grant relief to any particular petitioner. Relief from this prohibition does not relieve any other person or entity from any liability that might otherwise be imposed.
(d) The chief of police or sheriff shall require, as a condition of granting an exception under subdivision (c), that the petitioner agree to maintain on the petitioner’s person a certified copy of the law enforcement official’s permission to possess and use body armor, including any conditions or limitations.
(e) Law enforcement officials who enforce the prohibition specified in subdivision (a) or (b) against a person who has been granted relief pursuant to subdivision (c) shall be immune from any liability for false arrest arising from the enforcement of this subdivision unless the person has in possession a certified copy of the permission granting the person relief from the prohibition, as required by subdivision (d). This immunity from liability does not relieve any person or entity from any other liability that might otherwise be imposed.
(Amended by Stats. 2023, Ch. 232, Sec. 1. (AB 92) Effective January 1, 2024.)