unlawful possession of body armor.WTH

[rhinoabe]

I just read where a guy in Rushville was charged with possession of a destructive device, possession of a machine gun, dealing or manufacturing a sawed off shotgun, possession of marijuana, maintaining a common nuisance and unlawful possession of body armor. I understand everything except unlawful possession of body armor. OK great ones, is it illegal to possess body armor?

 

[Rob377]

IC 35-47-5-13
Unlawful use of body armor
Sec. 13. (a) As used in this section, "body armor" means bullet resistant metal or other material worn by a person to provide protection from weapons or bodily injury.
(b) A person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Class D felony.

 

[Booya]

It's perfectly legal for citizens to own body armor (bit tricky in CT) pretty much anywhere in the country, but like stated above, felons or possession during felonious acts/crimes is, itself a crime.

 

[Lucas156]

So dog the bounty hunter is breaking the law wearing body armor if he comes to Indiana? Lol

 

[mcolford]

So dog the bounty hunter is breaking the law wearing body armor if he comes to Indiana? Lol

He would have to be committing a felony. Like if he were to be in possessiopn of a firearm, and have that vest on, that makes it unlawful possession of body armor.

 

[Denny347]

So dog the bounty hunter is breaking the law wearing body armor if he comes to Indiana? Lol

He's fine as long as he is not committing a felony while wearing it...then THAT is a separate charge.

 

[JetGirl]

unlawful possession of body armor.

(b) A person who knowingly or intentionally uses body armor while committing a felony commits unlawful use of body armor, a Class D felony.

So was the guy unlawfully in possession because he was wearing it at the time of committing a felony? Or was it just a charge to make the rap sheet longer?

 

[Rob377]

So was the guy unlawfully in possession because he was wearing it at the time of committing a felony? Or was it just a charge to make the rap sheet longer?

The most reasonable and likely explanation is that the reporter that wrote it as "possession of body armor" is ignorant on the subject he/she is writing about. They usually are. Simple possession of body armor isn't a real charge. Unlawful use of body armor is.

It could be a throwaway charge as well. The general trend these days seems to be overcharge with anything and everything as leverage for a plea bargain deal.

 

[Lucas156]

O For some reason i thought that if one we're a felon they couldn't have body armor. Must have read someone's post instead of the IC

 

[CathyInBlue]

Former convicted felon can have body armour just like everyone else. Can wear it every day, everywhere, if they want. If someone is jacked up while committing a felony and they're wearing body armour, it's a rap sheet lengthener/sentence enhancer. More likely, it's negotiating leverage for the plea bargaining process. A better listing of the law than "possession of body armor" would be "felonious use of body armor".

 

[jblomenberg16]

Former convicted felon can have body armour just like everyone else. Can wear it every day, everywhere, if they want. If someone is jacked up while committing a felony and they're wearing body armour, it's a rap sheet lengthener/sentence enhancer. More likely, it's negotiating leverage for the plea bargaining process. A better listing of the law than "possession of body armor" would be "felonious use of body armor".

This is true. But the general public doesn't understand the word "felonious" so it wouldn't make for very exciting reporting!

 

[Classic]

I feel so much safer knowing the state has made that a felony. Wonder how many actual convictions they have gotten over the years?

 

[jblomenberg16]

I feel so much safer knowing the state has made that a felony. Wonder how many actual convictions they have gotten over the years?

Only a felony if you are in the act of committing another felony(s).

 

[Trooper]

We need a lawyer to weight in on this. Someone trained in the law and not a bunch of jailhouse lawyers.

Does anyone have access to the court records for that county (I think that is Grant)? Look up the actual charges?

 

[Kirk Freeman]

Wonder how many actual convictions they have gotten over the years?

Not sure how many, but they are all out of Marion and Lake County.

We need a lawyer to weight in on this.

Do you want a specific case, or number of cases filed in a year or what exactly?

A couple of years ago there was a big case on body armor. Mason IIRC.

Yeah, Mason, here it is:

Judges analyze 'use' of body armor for first time | The Indiana Lawyer

 

[Trooper]

Not sure how many, but they are all out of Marion and Lake County.



Do you want a specific case, or number of cases filed in a year or what exactly?

A couple of years ago there was a big case on body armor. Mason IIRC.

Yeah, Mason, here it is:

Judges analyze 'use' of body armor for first time | The Indiana Lawyer

What was the actual charge? the way that the reporter had, mere possession was a crime. Any way to look up the charges in Grant Co for this incident?

 

[rhinoabe]

Here is the whole article Man arrested on multiple felony charges » News » Rushville Republican

 

[CathyInBlue]

I'm confused, did they get the guy on the burglary charge as well, or was the exclusive charge the resisting with automobile x3?

 

[FortWayneGunfighter]

He would have to be committing a felony. Like if he were to be in possessiopn of a firearm, and have that vest on, that makes it unlawful possession of body armor.

So you are saying that I can't practice in the range with my plate carrier and sapis? It was my understanding that that was fine as long as I wasn't a felon or committing a crime :shrugs:

 

[92ThoStro]

So you are saying that I can't practice in the range with my plate carrier and sapis? It was my understanding that that was fine as long as I wasn't a felon or committing a crime :shrugs:

Read the whole thread again.
If the person is a felon, in possesion of a firearm, it would be a felony for them to be wearing body armor. Because it is a felony for a felon to carry a firearm, and they are comitting a felony while wearing body armor, so it is another felony. You are reading a post in reply to a felon with body armor scenario. It is NOT illegal for a felon to wear body armor, unless they are committing another felony at the same time.

I don't know why Trooper wants to know the charge, it's obvious, it is right in the IC, it doesn't matter what wordage the reporter used. There is only 1 IC on the matter, so it's not like you can't figure it out. This whole thread is a big