Dear Representatives Kennedy and Johnson,
I am writing on behalf of the members of the Fraternal Order of Police to advise you of our support for H.R. 3398, the “Aaron Salter, Jr. Responsible Body Armor Possession Act.”
In mass casualty incidents involving active shooters motivated by ideology, assailants often use anti-ballistic armor to protect themselves from law enforcement’s armed response, enabling them to inflict more death and injury on the public at large. This was the case at a mass shooting in Buffalo in 2022, when a gunman in body armor attacked Black patrons at a local supermarket. Aaron Salter, Jr., the retired law enforcement officer for whom this legislation is named, shot the attacker but his shots did not penetrate the body armor and Salter was killed. His heroism that day will not be forgotten.
Under current law, felons are prohibited from possessing, purchasing, or owning body armor and Federal sentencing guidelines provide for a sentencing enhancement if body armor is used in the commission of a felony. However, those without violent felony convictions like the shooter in Buffalo, and the cop-killer who targeted and killed five police officers in Dallas in 2016, were able to access anti-ballistic armor.
The legislation you have introduced would bar civilians from purchasing, owning, or possessing enhanced body armor with ballistic resistance that meets or exceeds the RF1 standard, per the National Institute of Justice (NIJ). We support the policy objective, but we are concerned that that bona fide, non-governmental law enforcement agencies like the CSX Transportation Police Department and other railroad police officers who protect our railroads, as well as private universities with fully sworn law enforcement officers, may be prohibited from obtaining this equipment.
On behalf of the more than 377,000 members of the Fraternal Order of Police, thank you both for your leadership on this legislation. If I can provide any additional information or support for this effort, please do not hesitate to contact me or Executive Director Jim Pasco in our Washington, D.C. office.
Sincerely,
Patrick Yoes
National President