Bulletproof Vests in New Jersey: What You Need to Know About the Law
Legal Status of Bulletproof Vests in NJ
In New Jersey, there are a number of laws and regulations that impact the purchase, ownership, and use of bulletproof vests. New Jersey prohibits the purchase and ownership of body armor if you are a convicted of certain criminal offenses (see below). New Jersey also requires retailers to maintain a log of bulletproof vest purchases, which must be kept for at least five years.
Under N.J.S.A. § 2C:39-20, it is a third-degree crime to purchase, own, receive, sell, transfer, or possess a bulletproof vest if you have been convicted of any of the following crimes: Anyone convicted of one of the above offenses in NJ should not purchase a bulletproof vest thereafter . This includes not purchasing a bulletproof vest on behalf of someone else. Buying a bulletproof vest in violation of this law can be prosecuted as a third-degree crime, which means that you could be sentenced to between 3-5 years in NJ State Prison subject to parole ineligibility.
According to N.J.S.A. § 2C:39-20.1, retailers who sell or lease bulletproof vests must keep a registry of all sales and leases for a period of at least five (5) years. The registry must contain the date of the purchase or lease, the name and address of the purchaser, and space for the signature of the purchaser.
Restrictions and Conditions
Under New Jersey law N.J.S.A. 2C:39-18, the conditions of individual permits and licenses will be at the discretion of the Director of the Division of State Police and will be set forth in the permit or license issued. No person licensed to possess a bulletproof vest may wear it while committing or attempting to commit a crime of the third degree or greater, unless the person has satisfactorily completed a police training course in firearms or personal firearms use approved by the Superintendent of State Police. In addition, no person convicted of a crime or an attempt thereof, which was a violation of N.J.S.A. 2C:39-4.1 (possessing, using or threatening to use a firearm during the commission of certain crimes), Chapter 35 of Title 2C of the New Jersey Statutes (the New Jersey Comprehensive Drug Reform Act of 1987) or Chapter 36 of Title 2C of the New Jersey Statutes (controlled dangerous substances) shall be eligible for a bulletproof vest permit issued by a police chief or sheriff.
Penalties for Unlawfully Possessing a Bulletproof Vest
If you are charged with illegally possessing a bulletproof vest in New Jersey, you could face serious penalties. Since illegal possession of body armor is an indictable criminal offense in New Jersey, you could be charged via indictment and tried at the NJ Superior Court in the county of the alleged offense.
This can significantly increase the severity of penalties. For instance, if you are accused of a fourth degree crime, you could be sentenced to as much as 18 months in NJ State Prison. Of course, first-time offenders are typically allowed to avoid incarceration by enrolling in PreTrial Intervention (PTI). A successful PTI outcome can result in dismissal of the charges.
Fortunately, you might also be eligible for a lesser charge of disorderly persons offense if you can prove that you were not aware that it was illegal to possess body armor. A conviction on a disorderly persons style offense is classified as a misdemeanor, not a felony. As a result, even if you were convicted on this less serious offense, you could not be sent to state prison, you would be subject to a $1,000 fine and you could be sentenced to jail time in your county jail.
Exceptions to the Restrictions
Although bulletproof vest laws prohibit ordinary civilians from wearing certain vests in New Jersey, there are exceptions to the restrictions. Registered or certified law enforcement officers are not affected by these laws and are generally allowed to wear bulletproof vests whenever they want, including when off-duty and with no criminal repercussions. Additionally, vests used in a legal manner, including for dynasafe chemical munitions storage, personal protection services, special protective operations, or tactical/home protection, are not included under the bulletproof vest laws.
Federal Laws vs. New Jersey Law
By contrast to the state version of the law, the statute that regulates bulletproof vests on the federal level is much more broad and sweeping in its prohibitions on the sale and purchase of bulletproof vests. Under the federal law, it is illegal for any person to sell or ship a bulletproof vest to individuals "knowing, or having reasonable cause to believe, that such person . . . (i) has been convicted of a felony crime of violence; . . . or is named on the list provided [in the statute]." 18 U.S.C. § 12201(a). A "crime of violence" is defined as a felony that is a crime against a person or property with a term of imprisonment of more than one year. 18 U.S.C. § 16. A plaintiff found to have violated the federal bullet proof vest regulations "shall be fined under this title , imprisoned not more than 3 years, or both." 18 U.S.C. § 12201(b). The statute goes on to clarify that "[a] person who sells or ships a bulletproof vest to an individual whose name is known or should be known by the seller or shipper to be a person convicted of a felony crime of violence "shall be fined under this title, imprisoned not more than 5 years, or both." 18 U.S.C. § 12201(b). The same penalty applies to anyone found to have "knowingly solicit[ed] or facilitate[d]" such a crime if they have two or more prior convictions for such an offense, "provided the most recent offense was a felony crime of violence." 18 U.S.C. § 12201(d).
Obtaining a Vest in NJ
The State of New Jersey requires a background check to purchase a bulletproof vest. In the past, New Jersey also required that you have a licensed firearms dealer accompany you to the purchase, but that is no longer required. While municipalities, including the City of Newark, may still pass their own ordinances and may require that a dealer accompany the purchase, the state does not. If you have past felony convictions, or if you are under 18 years of age, you will not be able to legally acquire a vest in New Jersey.
If you go to a gun store, they will ask for your name, address, phone number and email. They may even ask for your social security number. The store will then run a check on Munic.net. In order to pass the check, you must have a NJ driver’s license, or a NJ Police ID. Once the check has cleared, the store must submit a request to receive the vest. Once the vest is received, you will receive a notice and you must pick up the vest at the store.
Effect of Changes in the Statute
Changes in the law stemming from the develops surrounding bulletproof vests are few, and they principally involve the preemption of local laws that sought to ban bulletproof vests in the past. Now, all it takes is one click online to see whether a particular vest can ship to New Jersey, even when local stores may not have it.
Legislators here in New Jersey have not made any changes to the bulk of the legislation surrounding bulletproof vests. However, those wishing to purchase bulletproof vests and body armor from New Jersey retailers were unable to do so, at least for a while, before the laws were overturned, due to a conflict between the state and a handful of local municipalities.
In 2012, two acts of law were passed and signed in New Jersey in which a provision for licensing of importers of bulletproof vests was passed . However, in 2013, the New Jersey Superior Court ruled that those provisions contradicted local ordinances in these six municipalities and that those ordinances controlled, meaning that those sans licenses still got their vests.
Fortunately, that provision was brought into alignment with some parts of these municipal laws and was able to apply state-wide.
For residents of New Jersey, the simple task of purchasing a bulletproof vest like those available online is now available to everyone without any sort of license, although restrictions still do apply. For people from New Jersey looking to buy outside of the state, that sort of purchase includes the Internet, so there’s no longer any waiting for particular stores to carry the style or size desired.