The bill specifies that, beginning January 1, 2024, it will also be illegal for Illinois residents to knowingly possess body armor, armor plates, or military helmets. However, individuals who can demonstrate lawful possession prior to the enactment of this law by providing an endorsement affidavit to the Illinois State Police will be exempted. This creates a framework intended to facilitate compliance for current owners while reinforcing legal ramifications for future violations.
House Bill 3238, introduced by Rep. Maura Hirschauer, seeks to amend Illinois' Criminal Code by adding Article 33H, which imposes a prohibition on the manufacturing, delivering, selling, importing, or purchasing of armor plates, body armor, and military helmets within the state. The law designates these actions as unlawful with certain exceptions outlined in the bill. It aims to restrict civilian access to these protective items amidst concerns about public safety and the potential misuse of such equipment in criminal activities.
Penalties for violations of this law are significant. For first offenses, violators face a Class A misdemeanor, while subsequent offenses escalate to a Class 4 felony. Moreover, law enforcement officials and others in specific occupations are exempt from these restrictions, which has sparked discussions about equity and necessity concerning the legality of such equipment. Critics argue that such a law may unfairly penalize responsible individuals and undermine the ability to defend oneself while also addressing concerns about crime against those who reserve the right to have protective gear.