Military equipment: funding, acquisition, and use per Government Code 7072/ Assembly Bill 481

Government Code 7072 Definition

Commencing January 1, 2022, A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
1) A summary of how the military equipment was used and the purpose of its use.
2) A summary of any complaints or concerns received concerning the military equipment.
3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5) The quantity possessed for each type of military equipment.
6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.
The policy regarding military equipment can be found in the Winters Police Department Policy Manual currently held on the Lexipol platform and can be found HERE

Assembly Bill 481 Definition

This bill, commencing January 1, 2022, requires a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022.
The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
AB 481 Definitions:
“Military equipment” means
(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.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

Summary of how the military equipment was used and the purpose of its use

Type of Equipment  How equipment was used  Purpose of use
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber)    

Summary of any complaints or concerns received concerning the military equipment

Type of Equipment   Complaint/Concern
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber)  

Results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response

Type of Equipment Results of any internal audits Information about violations of the military equipment use policy Actions taken in response
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber)      

Total annual cost for each type of military equipment per calendar year

Type of Equipment Acquisition Personnel Training Transportation Maintenance  Storage Upgrade  Source funds Total Costs
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber)                  

Quantity possessed for each type of military equipment

Type of Equipment Quantity
Unmanned, remotely piloted, powered aerial or ground vehicles 0
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers 0
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion 0
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units 0
Weaponized aircraft, vessels, or vehicles of any kind 0
Battering rams, slugs, and breaching apparatuses that are explosive in nature (items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded) 0
Firearms of .50 caliber or greater (standard issue shotguns are specifically excluded) 0
Ammunition of .50 caliber or greater (standard issue shotgun ammunition is specifically excluded) 0
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber) 15
Any firearm or firearm accessory that is designed to launch explosive projectiles 0
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) 0
Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD) 0
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons 0
Any other equipment as determined by a governing body or a state agency to require additional oversight 0

If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment

Type of Equipment Quantity
Unmanned, remotely piloted, powered aerial or ground vehicles 0
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers 0
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion 0
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units 0
Weaponized aircraft, vessels, or vehicles of any kind 0
Battering rams, slugs, and breaching apparatuses that are explosive in nature (items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded) 0
Firearms of .50 caliber or greater (standard issue shotguns are specifically excluded) 0
Ammunition of .50 caliber or greater (standard issue shotgun ammunition is specifically excluded) 0
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber) 0
Any firearm or firearm accessory that is designed to launch explosive projectiles 0
“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls” (excluding standard, service-issued handheld pepper spray) 0
Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD) 0
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons 0
Any other equipment as determined by a governing body or a state agency to require additional oversight 0