James Guelff Body Armor Act of 2001

1/17/2023, 12:03 AM
James Guelff Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels.

Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations.

Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.

Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act.

Congress
107

Number
HR - 1007

Introduced on
2001-03-13

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

10/5/2001

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

James Guelff Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels.

Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations.

Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.

Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act.

Alternative Names
Official Title as IntroducedTo limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies.

Policy Areas
Crime and Law Enforcement

Potential Impact
Administrative procedure•
Civil actions and liability•
Drug abuse•
Drug traffic•
Economics and Public Finance•
Equipment and supplies•
Ex-offenders•
Federal aid to law enforcement•
Federal law enforcement officers•
Federal-local relations•
Federal-state relations•
Fines (Penalties)•
Government Operations and Politics•
Government liability•
Government paperwork•
Law•
Law enforcement officers•
Police•
Sentences (Criminal procedure)•
Sentencing guidelines•
Surplus government property•
U.S. Sentencing Commission•
Violence

Comments

Recent Activity

Latest Summary11/28/2006
James Guelff Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crim...

Latest Action10/3/2002
For Further Action See H.R.2215.