May 20, 2024
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Body armor: Legal (mostly) in Illinois

Reports show usage on the rise in mass killings

By Tom Collins
People gather at a memorial site in the town square of Uvalde set up for those killed in the mass shooting at Robb Elementary School, Sunday, May 29, 2022, in Uvalde, Texas. (AP Photo/Wong Maye-E)

People gather at a memorial site in the town square of Uvalde set up for those killed in the mass shooting at Robb Elementary School, Sunday, May 29, 2022, in Uvalde, Texas. (AP Photo/Wong Maye-E) (Wong Maye-E/AP)

Recent shootings in New York and Texas have reopened the perennial debate over the Second Amendment and gun control. Less discussed, however, was the fact some of the killers acquired body armor first.

And to the question, “Is body armor legal?” In Illinois, the answer is a qualified yes.

“Illinois does not have any additional body armor laws pertaining to retailers,” La Salle County State’s Attorney Todd Martin said. “In Illinois, any civilian can purchase and use a bulletproof vest, unless that adult has been convicted of a felony.”

Martin noted, however, that possession of body armor is a “possible” enhancing factor in the commission of a crime, meaning prosecutors can cite it in seeking elevated charges and/or sentencing.

But two local lawmakers said they would consider at least discussing the laws governing body armor on the floor of the Illinois General Assembly.

“I believe an earnest conversation regarding our state’s body armor statutes is something that should probably occur in Springfield,” Senate Deputy Minority Leader Sen. Sue Rezin (R-Morris) said. “If we do decide to revisit these laws, I would be open and willing to discuss potential restrictions in order to ensure the safety of those living within our state.”

One of her House counterparts agreed the issue might be worth a look.

“In a nutshell, I think that is reasonable,” said state Rep. Lance Yednock (D-Ottawa). “We have to define body armor, but I am certainly open to argument on the issue.”

Federal law specifically allows the purchase and wearing of body armor (Section 931 of title 18, United States Code), with exceptions for certain felons. U.S. Sens. Dick Durbin and Tammy Duckworth (D-Ill.) issued news releases calling for gun control but which did not specifically address body armor.

The question arose after two recent mass shootings were found to have involved some kind of protective gear. According to Yahoo News, the gunmen in the grocery store shooting in Buffalo, N.Y., and the one at a school in Uvalde, Texas, “not only had they both used legally purchased semiautomatic assault rifles, but both had also been outfitted with tactical gear to match their military-grade weapons.”

In Buffalo, the shooter wore a combat helmet and body armor, which allowed him to carry out his deadly rampage even after getting shot by a security guard. The Uvalde gunman also reportedly wore a tactical vest used to hold extra ammunition; but, contrary to initial reports, authorities subsequently said his vest did not contain materials that would protect him from bullets.

At least 21 mass shooters over the past four decades have worn body armor, and the majority of them have been during the past 10 years, Yahoo News reported, citing data compiled by the Violence Project, a nonpartisan organization that studies gun violence.