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Nov 4, 2026

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Is Body Armor Being Banned in the United States in 2026?

No federal law bans civilian body armor today. Here is what federal law allows, what the Aaron Salter, Jr., Responsible Body Armor Possession Act (H.R.3398 / S.4553) would change, and where both bills stand.

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Is Body Armor Being Banned in the United States in 2026?

Is Body Armor Being Banned in the United States in 2026?

1 min read

No federal law bans civilian body armor today. Here is what federal law allows, what the Aaron Salter, Jr., Responsible Body Armor Possession Act (H.R.3398 / S.4553) would change, and where both bills stand.

No. As of November 4, 2026 there is no federal law banning civilian body armor, and no bill to create one has moved past committee referral. Two identical bills titled the Aaron Salter, Jr., Responsible Body Armor Possession Act — H.R.3398 (introduced May 14, 2025) and S.4553 (introduced May 18, 2026) — would make it a federal felony for most civilians to buy, own or possess rifle-rated armor, helmets and shields. Both sit in the Judiciary Committees of their chambers with no recorded action since introduction.

In the other direction, the only state with a general civilian purchase ban, New York, had that ban held unconstitutional by a federal court on October 21, 2026 (see New York Body Armor Ban Struck Down).

1. What federal law says today

Federal law regulates body armor in one place: 18 U.S.C. § 931, added in 2002 by Public Law 107-273. It 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 (as defined in 18 U.S.C. § 16), or of a state offense that would be such a felony.

The statute carries an affirmative defense: the defendant obtained prior written certification from his or her employer that purchase, use or possession of body armor was necessary for the safe performance of lawful business activity, and the use and possession were limited to that purpose. The maximum penalty under 18 U.S.C. § 924(a)(7) is three years’ imprisonment.

Federal law defines “body armor” in 18 U.S.C. § 921(a)(35) as any product sold or offered for sale in interstate or foreign commerce as personal protective body covering intended to protect against gunfire, “regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.” The definition is not limited to any protection level.

That is the entire federal framework. There is no federal licence, registration, background check or protection-level limit for civilian body armor. State law adds restrictions in New York, Connecticut, California and Louisiana (see Body Armor Laws by State).

2. The Aaron Salter, Jr., Responsible Body Armor Possession Act

The bills are named for Aaron Salter Jr., a retired Buffalo police lieutenant working as the security guard at the Tops supermarket on Jefferson Avenue on May 14, 2022. He returned fire on the attacker; the rounds struck the attacker’s armor and did not penetrate, and Salter was killed.

Bill

Sponsor

Introduced

Committee

Latest recorded action

H.R.3398 (119th Congress)

Rep. Timothy M. Kennedy (D-NY-26), with 21 original cosponsors

May 14, 2025

House Judiciary

May 14, 2025: referred to committee

S.4553 (119th Congress)

Sen. Kirsten Gillibrand (D-NY)

May 18, 2026

Senate Judiciary

May 18, 2026: read twice and referred to committee

H.R.8388 (118th Congress)

Rep. Grace Meng (D-NY-6), with Rep. Kennedy among the cosponsors

May 14, 2024

House Judiciary

Expired with the 118th Congress

H.R.3247 (118th Congress)

Rep. Grace Meng (D-NY-6), 9 cosponsors

May 11, 2023

House Judiciary

Expired with the 118th Congress

H.R.8147 (117th Congress)

Rep. Grace Meng, with Reps. Chris Jacobs (R-NY) and Brian Higgins (D-NY)

June 2022

House Judiciary

Expired with the 117th Congress

The two 119th-Congress bills have identical operative text. The 2022 version was introduced with one Republican cosponsor, Rep. Chris Jacobs of New York; the 2023, 2024 and 2025 House versions and the 2026 Senate version carry Democratic sponsors only. The 2022–2024 drafts defined the covered armor by reference to “Type III” under NIJ Standard 0101.06; the 2025–2026 text uses NIJ’s current “RF1” designation and ties it to whatever standard NIJ has in effect at the time.

3. What the bills would do

Both bills add a new section 935 to chapter 44 of title 18 (the Gun Control Act chapter), a new definition at § 921(a)(39), and a new penalty paragraph at § 924(a)(9).

Element

Statutory text (S.4553 as introduced)

Prohibition (new § 935(b))

“Except as provided in subsection (c), it shall be unlawful for a person to purchase, own, or possess enhanced body armor.”

Definition (new § 921(a)(39))

“The term ‘enhanced body armor’ means body armor, including a helmet or shield, the ballistic resistance of which meets or exceeds the ballistic performance of RF1 armor, determined using such standard as the National Institute of Justice has in effect at the time at which a person purchases, owns, or possesses such armor.”

Exceptions (new § 935(c))

(1) purchase, ownership or possession by or under the authority of the United States or any federal department or agency; a State or any state department, agency or political subdivision; or a Tribe or tribal law enforcement agency; (2) a “covered law enforcement officer,” meaning a qualified law enforcement officer (18 U.S.C. § 926B) or qualified retired law enforcement officer (§ 926C), expressly including corrections officers; (3) enhanced body armor lawfully possessed by any person before the date of enactment.

Penalty (new § 924(a)(9))

“Whoever knowingly violates section 935 shall be fined under this title, imprisoned not more than 5 years, or both.”

Issue

Federal law today

Under H.R.3398 / S.4553

Civilian purchase, ownership, possession of armor below RF1 (HG1/HG2 soft armor)

Lawful unless § 931 applies

Unchanged

Civilian purchase, ownership, possession of RF1-or-better armor

Lawful unless § 931 applies

Felony, unless an exception applies

Ballistic helmets and shields at RF1 performance

No federal restriction

Covered by the definition

Sale, manufacture, import

No federal restriction beyond § 931

Not separately prohibited, but a seller or manufacturer “possesses” inventory (see section 4)

Persons convicted of a violent felony

Prohibited (§ 931)

Still prohibited; § 931 unchanged

Maximum penalty

3 years (§ 931 violations)

5 years for a knowing violation of § 935

4. Who gets no exception

The exception list is three items long. Read against the text, the following people and businesses have no exception for new acquisitions after enactment:

  • Private security guards, armored-car crews, executive-protection personnel, bail agents, process servers

  • Firefighters, EMTs and paramedics, emergency-room staff, journalists

  • Firearms instructors, range safety officers, hunting guides

  • Federal firearms licensees, body armor retailers, distributors, importers and manufacturers, and the laboratories that test armor — all of whom “possess” enhanced body armor as inventory or samples

The only language that could reach any of them is “under the authority of” a federal, state, tribal or local government. The text does not say whether a government contractor, or a manufacturer holding stock for a government customer, is covered. That gap is a drafting issue a committee would have to resolve; the introduced text does not resolve it.

5. Grandfathering: possession yes, purchase no

Exception (3) protects enhanced body armor “lawfully possessed by any person before the date of enactment.” It protects the possession. It does not create any mechanism for a civilian to buy such armor after enactment, because “purchase” is itself the prohibited act. In practice: an owner keeps the plates already in the safe; the same owner cannot lawfully sell them to another civilian, and a civilian cannot lawfully buy them, unless the buyer falls within an exception.

6. Why a five-year felony matters

A knowing violation would be punishable by up to five years’ imprisonment. Any federal crime punishable by more than one year is a disqualifying conviction under 18 U.S.C. § 922(g)(1), which prohibits firearm possession. A civilian convicted for owning a rifle plate would therefore also lose the right to possess firearms.

The word “knowingly” modifies the violation; the bill does not say whether a person must know the armor’s ballistic rating. That, too, is left to courts if the bill ever becomes law.

7. Frequently asked questions

Is body armor illegal in the U.S. in 2026?

No. Federal law prohibits only persons convicted of a violent felony from buying, owning or possessing it. Four states add restrictions (New York, Connecticut, California, Louisiana); New York’s purchase ban was held unconstitutional on October 21, 2026 and is on appeal.

Is Congress trying to ban rifle plates?

Two identical bills, H.R.3398 and S.4553, would prohibit civilian purchase, ownership and possession of armor at or above NIJ RF1 performance, including helmets and shields. Neither has had a hearing, markup or vote.

Does the bill ban Level IIIA soft armor?

No. HG2 (formerly Level IIIA) is handgun-rated and below the RF1 threshold. The bill measures actual ballistic resistance, so a soft panel that defeats RF1 rifle threats would be covered. See What Body Armor Would S.4553 Ban?

Has S.4553 passed?

No. The only recorded action is its May 18, 2026 referral to the Senate Judiciary Committee. H.R.3398 has had no action since its May 14, 2025 referral. See S.4553 and H.R.3398 Status.

If the bill passes, can I keep what I already own?

Yes, under the pre-enactment possession exception. You could not buy more, and you could not sell it to another civilian.

Sources

Legal Disclaimer

General information, not legal advice. Check the bill status and your state law before buying.

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