Pennsylvania Firearm Owners Association
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  1. #1
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    Default Unlawful body armor charge?

    Just came across this, it's the story of 2 dopes who robbed a woman for her money order in Bethlehem:

    http://www.lehighvalleylive.com/brea...incart_m-rpt-2


    That's nothing that new really, however look at the list of charges the guy is facing:

    Watts was arraigned Friday night before District Judge David Tidd on three counts of conspiracy and one count each of robbery, possession of a firearm with an altered serial number, prohibited possession of a firearm, possession of a firearm without a license, possession with the intent to deliver heroin, unlawful body armor, theft, receiving stolen property, simple assault and reckless endangerment.
    Anyone know what that's all about?
    -jFw

  2. #2
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    Default Re: Unlawful body armor charge?

    Body armor is not illegal but it is illegal to wear it while committing a crime

  3. #3
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    Default Re: Unlawful body armor charge?

    18 Pa.C.S.A. § 907
    § 907. Possessing instruments of crime
    (a) Criminal instruments generally.--A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
    (b) Possession of weapon.--A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
    (c) Unlawful body armor.--A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.
    (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    “Body armor.” Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.
    “Instrument of crime.” Any of the following:
    (1) Anything specially made or specially adapted for criminal use.
    (2) Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
    “Weapon.” Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #4
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    Default Re: Unlawful body armor charge?

    Quote Originally Posted by BimmerJon View Post
    Body armor is not illegal but it is illegal to wear it while committing a crime

    Ohhhhhhhhhhh I get it. That definitely makes sense.
    -jFw

  5. #5
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    Default Re: Unlawful body armor charge?

    that definition implies that kevlar gloves are unlawful body armor?

  6. #6
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    Default Re: Unlawful body armor charge?

    If they want to screw you over more, yes.
    Never underestimate the stupidity of your fellow human. Always carry a weapon!

  7. #7
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    Default Re: Unlawful body armor charge?

    Quote Originally Posted by fortysix View Post
    that definition implies that kevlar gloves are unlawful body armor?
    There's a difference between Kevlar threads used to make gloves and Kevlar threads interwoven with ceramic and other materials designed to stop bullets. I can see charges of "illegal body armor" for wearing a pair of Sears Mechanix work gloves getting dropped for the BS factor before it got to a court. Of course that would require a prosecutor with common sense and a good defense attorney.

  8. #8
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    Default Re: Unlawful body armor charge?

    Quote Originally Posted by MT1 View Post
    There's a difference between Kevlar threads used to make gloves and Kevlar threads interwoven with ceramic and other materials designed to stop bullets. I can see charges of "illegal body armor" for wearing a pair of Sears Mechanix work gloves getting dropped for the BS factor before it got to a court. Of course that would require a prosecutor with common sense and a good defense attorney.
    It's not just about bullets. Read the statute's definition again. Then read the promotional literature regarding those Kevlar gloves, see if they say they're "cut-resistant".

    (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    “Body armor.” Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.


    http://www.dupont.com/products-and-s...echnology.html
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  9. #9
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    Default Re: Unlawful body armor charge?

    Bet you $10 one or both of the firearm charges get plea bargained away.

  10. #10
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    Default Re: Unlawful body armor charge?

    In response to MT1 and Gunlawyer001,

    like I said, depends how bad they want to screw you over.
    Never underestimate the stupidity of your fellow human. Always carry a weapon!

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