Funding, Acquisition, and USE of MILITARY Equipment (AB 481)
Over the past several decades, many police agencies across the nation acquired a variety of military surplus equipment from the federal government. The federal program that hosted, and continues to host this is known as the Defense Logistics Agency's "1033 Program." Other references to this program include the Defense Reutilization Marketing Office ("DRMO"). The Oxnard Police Department ("OXPD") no longer obtains equipment from these programs, and has no equipment from these programs that are covered by this legislation.
On September 30, 2021, Governor Newsom signed legislation aimed at reforming law enforcement agency funding, acquisition and use of specific types of "military equipment." This legislation, referred to as AB 481, was authored by Assembly member David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment. AB 481 is codified in Government Code sections 7070-7075.
AB 481's Definition of "Military Equipment"
What is important to note is that under AB 481, the term "military equipment" expands beyond equipment that was made specifically for the military. For intents and purposes of AB 481, the term more broadly applies to 15 categories of equipment types:
Unmanned, remotely piloted, powered aerial or ground vehicles
Mine-resistant ambush-protected vehicles or armored personnel carriers
High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Tracked armored vehicles that provide ballistic protection to their occupants
Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Weaponized aircraft, vessels, or vehicles of any kind
Battering rams, slugs, and breaching apparatuses that are explosive in nature
Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, with the exception of standard-issue handguns
Any firearm or firearm accessory that is designed to launch explosive projectiles
Noise-flash diversionary devices and explosive breaching tools
Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
Kinetic energy weapons and munitions
Any other equipment as determined by a governing body or a state agency to require additional oversight
The full text of AB 481 is available here.
Requirements of AB 481
AB 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in a public forum by April 30, 2022, in order to continue the use of this previously acquired equipment effective May 1, 2022. To help guide this process, the Oxnard Police Department has crafted a summary of AB 481 for the public, as well as the following materials:
The Oxnard Police Department's military equipment use policy can be found in the Oxnard Police Department Policy Manual Section 708, and is available to view here. The AB 481 defined list of military equipment currently in OXPD's possession is included in the policy.
The City of Oxnard Ordinance #3014, which is codified in Oxnard City Code Section 2-112 as the Military Equipment Ordinance.
Establish a concern or complaint process. For many years, OXPD has had a means for the public to submit commendations, questions and complaints. Additional information is available Oxnard Police Department's website.
Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of the OXPD's AB 481 policy, the cost of such use and other similar information.
Annual Reports