On September 30, 2021, California Assembly Bill 481 (AB 481) known as the Law Enforcement and state agencies: military equipment, funding, acquisition, and use Act was signed into law. Subsequently, the California Government Code (GC) §§ 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 is attached to this staff report for reference.
In enacting AB 481, the Legislature stated the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.
The bill requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, through the adoption of a military equipment use policy as required by ordinance. The process shall be held at a regular public meeting in accordance with the Ralph M. Brown Act prior to the agency funding, acquiring, or using military equipment.
Other requirements are as follows:
- Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece (Each section listed in the attached policy and equipment list were created in adherence to the specified mandates of the GC)
- The LEA shall post the proposed policy on their website at least 30 days prior to any public hearing related to this policy.
- The LEA will submit an annual Equipment and Use Report within one year of approval, and annually thereafter.
- Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases.
- The report shall be available on the LEA’s website for as long as the equipment is available for use. The LEA shall hold a well-publicized and conveniently located community engagement meeting within 30 days of the report’s submission.
GC § 7070 provides a list of sixteen (16) categories of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated government codes. The categories are listed below, and the items owned or purchased by the Carmel-by-the-Sea Police Department (CPD) are in bold text:
1) Unmanned, remotely piloted, powered aerial or ground vehicles.
2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6) Weaponized aircraft, vessels, or vehicles of any kind.
7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and,
15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
Carmel-by-the-Sea Police Department equipment considered “Military Equipment” per AB481
AB 481 (10) The CPD currently possesses and operates 6 Colt M4- AR15 style semi-automatic rifles. Although, the rifles issued by the CPD are considered standard issue and not required to be listed per AB 481, we have included them on our list of military equipment for Council review. These rifles are similar to civilian style rifles and are not controlled by the Department of Defense nor were they obtained through any surplus military program.
Specialized tools and firearms including patrol rifles, enable officers (when in compliance with the CPD’s Use of Force Policy) to address short to long distance threats, or those threats who are heavily armed, armored or both. Furthermore, in both short and long-distance deployments, rifles allow officers a more precise shot placement minimizing the risk to officers and innocent community members. Unfortunately, with the regularity of active shooters/active aggressor incidents throughout the country, this has become a necessary tool to counter such threats to our community. There are no known alternatives to these weapons that will provide the same level of distance or precision.
The rifles have been standard issue equipment for each officer in the department for almost 10 years and are carried in the patrol vehicle during the officer’s routine patrol shifts. Each officer is required to complete a 16-hour POST certified rifle course before they are issued the rifle. Officers conduct semi-annual training on the rifle and qualify at the range at least once a year.
The CPD purchased the rifles in 2015. Each rifle with optics and accessories costs approximately $1,500 to acquire at the time of purchase. These rifles were purchased prior to adoption of AB 481 and the Department does not have a current need to purchase additional rifles. The cost to maintain the rifles and accessories is negligible.
AB 481 (15)
The CPD possesses four (4) Kel Tec KSG Shotguns converted for less lethal applications. The shotguns are easily identified by the bright orange stock and foregrip and fire a kinetic energy munition that resembles a small bean bag (aka “bean bag” or “super sock”). Each projectile weighs approximately 40 grams and travels at a significantly lower velocity than a regular firearm projectile minimizing the potential for penetrating a person’s clothing or skin. These devices are available to patrol officers as a less lethal option when confronting a non-cooperative or violent subject when other force or de-escalation options are not practical. These shotguns were purchased in 2017, at a cost of $500 each and replaced 25 year old shotguns that had been converted for less lethal use. The cost to maintain the rifles and accessories is negligible.
Monterey Peninsula Regional Special Response Unit (MPR SRU or SRU for short)
The CPD participates in the Monterey Peninsula Regional Special Response Unit (SRU). The SRU is a specialized team that operates under an MOU between seven Monterey Peninsula agencies. Each agency provides officers, command staff, and resources to provide a tactical team to address the ongoing needs of the Peninsula as well as assisting other jurisdictions in the region. The SRU provides a resource to respond to critical incidents, planned and unplanned high-risk events, and other specialized incidents as needed. The SRU utilizes various pieces of equipment that qualifies as Military Equipment as defined in AB 481. All SRU equipment is paid for by the SRU and purchased through a purchasing agent. Each member department can be a purchasing agent for SRU and is then responsible for that military equipment purchased. The CPD does not own any military equipment purchased or funded for use by the SRU.