Posted on Feb 9, 2016
Capt Richard I P.
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A new bill introduced in the House of Representatives seeks to restrict private ownership of body armor (level III and above). Is the right to keep and bear armor protected along with arms?

https://www.congress.gov/search?q=%7B%22congress%22%3A%22114%22%2C%22source%22%3A%22legislation%22%2C%22search%22%3A%22H.R.378%22%7D
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Responses: 52
LTC Yinon Weiss
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Edited 10 y ago
Self-defense is an even more basic right than the right to keep and bear arms.

Even if somebody has lost his right to bear arms due to violent crime, it shouldn't mean they have lose the right to shield themselves.

To those who say "well, why do you need body armor"... then how far do you want to take it? Why do you need an extra dead bolt on your door? Why do you need a metal door (should that be illegal?)? How about bars on your windows in a dangerous neighborhood? What about bullet proof glass on a private vehicle? Where do you draw the line? When you begin outlawing items that people can use to defend themselves, it cannot end anywhere good.
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SSgt James Atkinson
SSgt James Atkinson
>1 y
If we carefully look at what the Supreme Court has said, when they have said it, how they said it, and how they inter-meshed one decision to another, it is clear that anything a modern infantryman would carry or bear, that is in the form of a INDIVIDUAL item of offense or defense is automatically protected under the 14th, 2nd, and 1st Amendment. If any part of the military has issued the item to soldiers, or required that they have it, at any time from the colonial days to the present days, it is automatically protected. Guns, knives, bayonets, swords, rucks, armor, all of it, 100% protected as an enumerated right.
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CPT Special Forces Officer
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>1 y
Capt Richard I P. - You are now famous!
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CPT Special Forces Officer
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SSgt James Atkinson - YES! You absolutely understand the situation.
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SFC Michael D.
SFC Michael D.
>1 y
They are proposing sell clothing and back packs with armor in them, I just don't see what the problem would be especislly with all the shootings going on. I have body armor and if anyone ever asked why I have it, I'd tell them that I don't want to get killed becasue another ass hole woke up hating the rest of the world. The world is such a dangerous place and they've brought it all home to us. All of us law abiding citizens should be issued the same ProMask, body armor and any protective equipment issued to the military. You can't go anywhere these without worring about some nut job shooting you for no appearent reason. Those who are meant to protect us are either laying there on the ground right beside us shot or running away with the rest of the paniced. The one's running in to save the ones being shot at are usually to late because the shooter already shot thenselves. It's very destressing when you don't feel safe anywhere.
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LTC Paul Labrador
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Edited 10 y ago
Depends on if you feel the broader definition of the 2A is intended to allow the individual citizen to maintain the equipment (i.e. the 'arms") needed to be functional as militia in the event they needed to muster. In the 18th century, that meant a musket, bayonet or tomahawk or other melee weapon, powderhorn (or cartridge belt) and the means to carry individual kit. Today that means your firearm, your tactical vest/web-gear or plate carrier with your MOLLE gear. Personally, that is the definition that I ascribe to. The 2A is NOT about individual self-defense per se or hunting. It is the ability to function as militia in accordance with Title 10. You may never be called up on to muster in that manner, but that does not mean you restrict the citizenry from having that capability.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
10 y
LTC Paul Labrador Not at all. I had to read your original post a couple times. I think I understood what you meant above.
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SPC Eric Cunningham
SPC Eric Cunningham
10 y
I agree with Sgt Kennedy. While the right to keep and bear arms was primarily for the governmental interest of raising a militia in times of need, the Supreme Court's ruling makes it clear that it not only protects those arms that are suitable for participation in a militia, but also for any other legal purpose one commonly owns arms for. It's finger/thumb argument - because thumbs are necessary to using tools, the right to fingers shall not be infringed - just because that right includes the ability to flip people off, the reason for the protection of all those fingers is so that one may have thumbs to use tools if necessary.
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MSG Mitch Dowler
MSG Mitch Dowler
10 y
The 2A is about Citizens being a militia as a check and balance against the government and a standing army and it is very much about self defense. Read The Federalist Papers and also Title 10 of the United States Code.
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Sgt Aaron Kennedy, MS
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I think this falls under fundamental Right of Self-Defense as opposed to the Protection of bearing Arms, though an ancillary argument could be used for "well organized" (equiiped the same) Militia could be made.

The People should have "access" to the same equipment as the Government. Cannons, small arms, and even armor.
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PO1 Cryptologic Technician Collection
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10 y
I am going to jump on this post because it is in keeping with my line of thinking. If body armor is a direct evolution of the military process, then in keeping with the second amendment, it should be allowed.
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Does the right to keep and bear arms protect the right to keep and bear armor?
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SGT Jimmy Carpenter
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I think the government needs to stop intruding into our lives. When they want to start regulating what we can and can not wear, they are over stepping their boundaries big time.
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LCDR Sales & Proposals Manager Gas Turbine Products
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Edited 10 y ago
The entire argument against private ownership of arms and armor is flawed from the basic premise that there is a difference between "military" equipment and "civilian" equipment...There's just equipment. It's the man, not the machine.

Granted, we don't want Joe Blow owning a nuclear weapon or a fully armed and functional attack helicopter...but cost/skill/sourcing sort of rules any of that out.

Regardless of what the 'Sea Lawyer' of the moment says, the 2nd is pretty clear in what it is protecting AND promoting...the notion that American citizens are not a separate entity from their own personal and national defense. If we're doing it "right", then all Americans possessing a rifle, side arm and armor...and hopefully some training...are potential personnel towards maintaining the last line of defense. Any veteran with experience is a potential organizer/trainer/leader of said defense.
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SSG Reconnaissance Sergeant
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Edited 10 y ago
It's only a 2nd Amendment question if you look at it as being ready to stand muster in a militia. As it was pointed out earlier, the current Supreme Court interpretation is that the 2nd Amendment refers to weapons owned by all people regardless of intent to stand with said militia if the need arises. While not in the Constitution, the Declaration of Independence states that all "men" are entitled to Life, Liberty, and the Pursuit of Happiness. Wouldn't the option to own body armor just be exercising the right (I know it is not a "right" as defined by law, as the DoI is not law) to life? Its sole purpose is to protect your own life. You can do no more harm to others with it than you could a with a hammer. Not to mention that unlike most guns (flintlocks and slap-fire pipe guns being the exception), body armor is incredibly easy to manufacture in the home. Anyone halfway decent with a sewing machine and a cutting torch could whip up a (very heavy) plate carrier in less than a day. Given the ease of manufacture, the only way to enforce such a law would be to tack on one extra charge to another crime. Also given the seriousness of the charges likely to be issued to anyone using body armor in the process of committing a crime (armed robbery, mass shooting, etc.), does something as basic as a body armor charge seem like it would be worth any extra years on a sentence?
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SPC Paul Tillson
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We should have the right to protect our self.
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SFC Justin Scott
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Unfortunately, the right to body armor is not covered in the Constitution. On the other hand, I question that rationale and logic of a law making something as basic as armor illegal!
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SPC Christopher Morehouse
SPC Christopher Morehouse
10 y
I think you have that backwards. FORTUNATELY body armor is not covered under the Constitution. As such, the Federal Government has no authority to regulate it. Don't expect that to stop them though.
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SFC Justin Scott
SFC Justin Scott
10 y
SPC Christopher Morehouse - No, I said it correctly. Unfortunately your assertion is not entirely true. The federal government is granted the authority, under the Constitution, to regulate commerce which can be loosely interpreted to allow the ban of body armor sales. In addition, even if the federal government didn't, since it is not s right protected under the Constitution, out of control state governments could still BSN it as well. Due to thee two realities, I stand behind my original statement!
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SPC Christopher Morehouse
SPC Christopher Morehouse
10 y
I would, respectfully, disagree. Article 1 Section 8 of the constitution grants congress the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" The intent being that the States were not allowed to negotiate commerce between one another such that the national economy would be unified.

So there might be an argument to be made that they have the authority to ban the export or import of body armor, or to disallow body armor to be transported across State lines, but they have no authority to flat out ban the production and sale of body armor as a whole. This is another section of the constitution that is regularly misinterpreted and abused to justify legislation that has enough popularity to pass as a bill but not as an Amendment granting such authority. Frankly it is my greatest complaint about our government that we have become some complacent to such abuses that in this day and age they are not only accepted but expected.
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SFC Justin Scott
SFC Justin Scott
10 y
SPC Christopher Morehouse - You seem to have misunderstood my comment. I personally do not believe that the power to regulate commerce should allow the Federal Government to ban the sale of body armor (or ban the sale of anything else). I'm telling you that federal courts have upheld the federal government's banning the sale of something utilizing the commerce clause of the Constitution (i.e. the criminalization of marijuana). Now, some states are finally pushing back against that utilization of the commerce clause (such as Colorado and Washington recently), but that does not mean that the government won't, at some point, fight back resulting in some sort of SCOTUS ruling on this application of the commerce clause. Regardless, even if you take the Federal Government out of the picture, not having armor protected in some form under the constitution IS still unfortunate because it doesn't prevent out of control states (such as California) from stepping on individual rights if they are not specifically mentioned in the Constitution (and even when they are unfortunately)!
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LTC Chief Of Public Affairs And Protocol
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I guess I should get rid of this too?
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SPC Christopher Morehouse
SPC Christopher Morehouse
10 y
I think you're safe, its like a black powder gun, it doesn't really count....
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Capt Lance Gallardo
Capt Lance Gallardo
10 y
Plus, heavy plate armor such as what you are depicting went out of fashion when crossbows (and Longbows) became strong and lethal enough with hardened steel point tipped Bolts and Arrows to penetrate even the thickest and best steel armor. So now you could have a lowly paid and illiterate peasant crossbowman, (or English long bowmen) taking out a thousands of pounds worth of expensive plate wearing knight with a 25 pound crossbow, and some rudimentary training. The French Knights learned this the hard way at the Battle of Agincourt: The Battle of Agincourt was a major English victory in the Hundred Years' War.[a] The battle took place on Friday, 25 October 1415 (Saint Crispin's Day), near Azincourt, in northern France.[5][b] Henry V's victory at Agincourt, against a numerically superior French army, crippled France and started a new period in the war during which Henry V married the French king's daughter, and their son, later Henry VI of England and Henry II of France, was made heir to the throne of France as well as of England. More recent studies involving computer modeling of crowd behavior, (the French troops got funneled into a narrow killing ground, that negated their combat power or numerical superiority) and the type of Mud that is (still) in the Battlefield (yes Mud played a significant role in the battle as the French Knights and their horses literally got bogged down in the mud), also significantly contributed to the French Defeat by the numerically inferior English forces. So the terrain played a key role (as it often does) along with the weather (mud) in deciding the outcome. https://en.wikipedia.org/wiki/Battle_of_Agincourt
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Sgt Vance Bonds
Sgt Vance Bonds
>1 y
Bwah ha ha ha ha Great post sir
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SFC Wade W.
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The right to defend one self and wear any type of clothing is not tied to the 2d Amendment but it is your right. And the right for a company to make and sell body armor should not be restricted either. I worked in LE for 25 yrs and I never expected the government to restrict the average citizen from anything to protect me in my job. That was my responsibility to be aware and professional to minimize any potential issues.
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