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Bulletproof Vests and Body Armor – Michigan Laws


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Here is the law in The State of Michigan

750.227g Body armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions.

(1) Except as otherwise provided in this section, a person who has been convicted of a violent felony shall not purchase, own, possess, or use body armor.  

(2) A person who has been convicted of a violent felony whose employment, livelihood, or safety is dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of government that has a police department, the county sheriff, for written permission to purchase, own, possess, or use body armor under this section.  

(3) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions that chief of police or county sheriff under subsection (2) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that both of the following circumstances exist:  

(a) The petitioner is likely to use body armor in a safe and lawful manner.  
(b) The petitioner has reasonable need for the protection provided by body armor.  

(4) In making the determination required under subsection (3), the chief of police or county sheriff shall consider all of the following:  

(a) The petitioner’s continued employment.  
(b) The interests of justice.  
(c) Other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor.  

(5) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff shall state the restrictions in the permission document.  

(6) It is the intent of the legislature that chiefs of police and county sheriffs exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed.  

(7) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor shall have that written permission in his or her possession when he or she is purchasing, owning, possessing, or using body armor.  

(8) A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a crime for his or her own protection without a petition being previously filed under subsection

(2). If the law enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall document the reasons for issuing body armor and retain a copy of that document as an official record. The law enforcement agency shall also issue written permission to the person to possess and use body armor under this section.  

(9) A person who violates this section is guilty of a crime as follows:  

(a) For a violation of subsection (1), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. 

 
(b) For a violation of subsection (7), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.  

(10) As used in this section:  (a) “Body armor” means that term as defined in section 227f.  (b) “Violent felony” means that term as defined in section 36 of 1953 PA 232, MCL 791.236.

Statute – THE MICHIGAN PENAL CODE (750.1 – 750.568) Section 750.227g

History: Add. 2000, Act 224, Eff. Oct. 1, 2000

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750.227f Committing or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions.

Sec. 227f.  (1) Except as provided in subsection (2), an individual who commits or attempts to commit a crime that involves a violent act or a threat of a violent act against another person while wearing body armor is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted.

  (2) Subsection (1) does not apply to either of the following:  (a) A peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer.  (b) A security officer performing his or her duties as a security officer while on a scheduled work shift as a security officer.  

(3) As used in this section:  (a) “Body armor” means clothing or a device designed or intended to protect an individual’s body or a portion of an individual’s body from injury caused by a firearm.  (b) “Security officer” means an individual lawfully employed to physically protect another individual or to physically protect the property of another person.

History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;– Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;– Am. 1996, Act 163, Imd. Eff. Apr. 11, 1996 ;– Am. 2000, Act 226, Eff. Oct. 1, 2000

Statute – THE MICHIGAN PENAL CODE (750.1 – 750.568) Section 750.227f

See the federal law here

Then there is this

Responsible Body Armor Possession Act

This bill prohibits the purchase, ownership, or possession of enhanced body armor by civilians. Enhanced body armor refers to body armor, including a helmet or shield, the ballistic resistance of which meets or exceeds the ballistic performance of Type III armor, determined using the National Institute of Justice standard.

The bill provides exceptions for (1) the purchase, ownership, or possession by or under the authority of the United States or any state or political subdivision; (2) qualified law enforcement officers; and (3) enhanced body armor that was lawfully possessed before the effective date of the bill.

A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both.

[Congressional Record Volume 165, Number 157 (Friday, September 27, 2019)]


[House]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. MENG:


H.R. 4568.
Congress has the power to enact this legislation pursuant


to the following:
Article I, Section 8, Clause 18 of the Constitution
[Page H8082]

About Constitutional Authority Statements

On January 5, 2011, the House of Representatives adopted an amendment to House Rule XII. Rule XII, clause 7(c) requires that, to be accepted for introduction by the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating “as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution.”

https://www.congress.gov/bill/116th-congress/house-bill/4568/text

The post Bulletproof Vests and Body Armor – Michigan Laws appeared first on Michigan Medical Marijuana.

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