Assembly Bill 481 - LMPD Military Equipment Policy & inventory
Assembly Bill 481 - Military Equipment Funding, Acquisition and Use Policy
On September 30, 2021, Governor Newsom signed a series of eight (8) policing reform bills aimed at increasing transparency of peace officer misconduct records, creating a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the funding, acquisition and use of military equipment.
AB 481 was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment.
AB 481 Definition of Military Equipment
The Assembly Bill has designated the following categories of items as military equipment:
- Unmanned, remotely piloted, powered aerial or ground vehicles (Equipment Category 1)
- Mine-resistant ambush-protected vehicles or armored personnel carriers (Equipment Category 2)
- 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 (Equipment Category 3)
- Tracked armored vehicles that provide ballistic protection to their occupants (Equipment Category 4)
- Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Equipment Category 5)
- Weaponized aircraft, vessels, or vehicles of any kind (Equipment Category 6)
- Battering rams, slugs, and breaching apparatuses that are explosive in nature (Equipment Category 7)
- Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Equipment Category 8)
- 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 firearms and ammunition (Equipment Category 9)
- Any firearm or firearm accessory that is designed to launch explosive projectiles (Equipment Category 10)
- Noise-flash diversionary devices and explosive breaching tools (Equipment Category 11)
- Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Equipment Category 12)
- TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Equipment Category 13)
- Kinetic energy weapons and munitions (Equipment Category 14)
- Any other equipment as determined by a governing body or a state agency to require additional oversight (Equipment Category 15)
The La Mesa Police Department has equipment that meets the criteria for 9 of the 15 categories (Categories 1, 2, 5, 7, 9, 11, 12, 13 & 14).
NOTE: The La Mesa Police Department does not utilize any equipment procured from the United States Department of Defense through the Law Enforcement Support Program (also known as the 1028 or 1033 program).
The full text of AB 481 is available here.
Requirements of AB 481
Assembly Bill (AB) 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill.
The following are required:
- Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
- Obtain approval by the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. (See definitions below)
- Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body, the use of military equipment, any complaints received, any internal audits or other information about violations of the La Mesa Police Department policy, the cost of such use and other similar information.
- Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
- Hold at least one well-publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.
Public Input Regarding AB 481
The La Mesa Police Department has established a dedicated e-mail address that the public can utilize to voice their concerns. Members of the public are encouraged to e-mail us at AB481@cityoflamesa.us with any questions or concerns.
A well-publicized and conveniently located community engagement meeting will be held within 30 days of submitting and publicly release the annual military equipment report.
The AB 481 defined list of military equipment in the La Mesa Police Department’s possession is included in “Attachment 1”, along with each item’s purpose, authorized use, expected lifespan and fiscal impact.
This webpage will be utilized for distribution of any updates to the above materials as well as for the Annual Report. The first Annual Report for 2022 is expected to be distributed on or about March 2023.