Skip to main content
All posts
Ethics & Regulations

Can Civilians Own Level IV Body Armor?

Find out if civilians can own level IV body armor and what the legal stipulations are.

ArmorList Editorial·October 24, 2024·5 min read

Whether a civilian may own Level IV body armor is a question about two records: the standard that defines Level IV, and the laws that say who may buy and possess body armor. This article sets out what each says. It is orientation, not legal advice.

What Level IV is

Level IV is a level of NIJ Standard 0101.06. Under that standard, Type IV armor is tested with .30 caliber armor-piercing bullets, U.S. military designation M2 AP, with a specified mass of 10.8 g (166 gr) at a velocity of 878 m/s (2880 ft/s).

NIJ stopped accepting new 0101.06 models for testing on 5 January 2024. Models already listed stay on the 0101.06 Compliant Products List (CPL), subject to follow-up inspection and testing, and NIJ anticipates maintaining that list through at least the end of 2029. A Level IV listing under 0101.06 is not expired; it is closed to new models.

Level IV and RF3

The current standard is NIJ Standard 0101.07, with its levels defined in NIJ Standard 0123.00: HG1 and HG2 for handguns, and RF1, RF2 and RF3 for rifles. Levels III and IV were revised into those three rifle levels. RF3's test threat is the .30-06 M2 AP round at a reference velocity of 878 m/s (2880 ft/s).

NIJ 0123.00 itself says that RF3 replaces Level IV, but a model's listing does not carry over: a model listed at Level IV under 0101.06 has not been listed at RF3 unless it appears on the 0101.07 list. Check which list the model is on.

The federal law

Federal law, 18 U.S.C. § 931, makes it unlawful for a person to purchase, own or possess body armor if that person has been convicted of a felony that is a crime of violence. The prohibition also covers state offenses that would be a crime of violence under federal law. The same section gives an affirmative defense for a person whose employer certified in writing that the armor was necessary for lawful business activity, with use limited to that work.

For this law, "body armor" means any product sold or offered for sale in interstate or foreign commerce as personal protective body covering intended to protect against gunfire. The definition does not mention a protection level. The federal rule turns on who the person is, not on the level of the armor.

State laws

States can go further, and their rules apply to body armor as each statute defines it. Some examples, each one state:

  • Connecticut requires body armor to be sold or delivered in person, and the buyer must hold a Connecticut firearm permit, eligibility certificate or ammunition certificate. Sales to police, corrections and military personnel are exempt.
  • Since July 2022, New York limits the sale and purchase of body armor to people in eligible professions, such as police officers, peace officers and military personnel, plus professions designated by the Department of State. Sales generally must be in person.
  • Texas makes it a third degree felony for anyone convicted of a felony to possess body armor. Maryland's ban covers people convicted of a crime of violence or a drug trafficking crime, and Maryland issues a permit through the State Police.
  • Many states add a penalty for wearing body armor while committing a crime. In Ohio, it adds a mandatory two year prison term to a felony offense of violence.

State law changes. Read the statute for the state where you live and the state the armor ships to, including how it defines body armor, and note the date you checked.

Checking a Level IV product

  • Find the exact model on the 0101.06 CPL. The CPL is per model: a company's other listed models do not cover this one.
  • Read its status (Active, Suspended or Inactive) and note the date you read it.
  • Check whether the plate was tested alone or in conjunction with a specific soft armor model. An in-conjunction plate is meant to be used only with the soft armor it was tested with.
  • If a seller describes a product as RF3, look for the model on the 0101.07 list instead.

Care guidance from CJTTEC, which administers the program's lists, says to store armor flat in a dry, shaded place and to avoid extreme heat or cold, such as a vehicle trunk. Manufacturers self-declare a warranty period on the label.

This is orientation, not legal advice. Confirm the federal and state rules for you and your delivery address, then find the exact model on the NIJ list for the standard it claims, with the date you read its status.

Sources

Keep reading