709-Military_Equipment (11)

Policy 709Berkeley Police Department Law Enforcement Services Manual Copyright Lexipol, LLC 2022/04/28, All Rights Reserved. Published with permission by Berkeley Police Department***DRAFT*** Military Equipment - 1Military Equipment 709.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072). 709.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The Berkeley City Council. Military equipment – Includes but is not limited to the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) 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. This does not include a handheld, one-person ram. •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 firearms. •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 (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Berkeley Police Department Law Enforcement Services Manual Military Equipment Copyright Lexipol, LLC 2022/04/28, All Rights Reserved. Published with permission by Berkeley Police Department***DRAFT*** Military Equipment - 2709.2 POLICY It is the policy of the Berkeley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Berkeley Police Department (Government Code § 7071). (e)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). 709.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: •M4 rifle/Patrol Rifle •Penn Arms 40MM Single Launcher •Milkor LTL Multi-Launcher •FN 303 Launcher & FN Pava Impact Projectile •Oleoresin Capsicum Spray •Chlorobenzylidene Malononitrile and Oleoresin capsicum •Remington 700 Rifle •ReconRobotics Recon Scout XT Robots •Andros Remotec HD-1 Hazardous Duty Robot •Light/Sound Diversionary Device •Long Range Acoustic Device •Mobile Command Vehicle •Barret Model 99 Berkeley Police Department Law Enforcement Services Manual Military Equipment Copyright Lexipol, LLC 2022/04/28, All Rights Reserved. Published with permission by Berkeley Police Department***DRAFT*** Military Equipment - 3709.4.1 BERKELEY POLICE DEPARTMENT'S INVENTORY Rifles and Associated Ammunitions Rifle: M4 Rifle (Description, purpose/authorized use, fiscal impact, legal and procedural, and training) Description (type of equipment, quantity, capabilities, lifespan, and product description from manufacture) Type: Colt M-4 patterned rifle, which fires the.223 Remington cartridge Quantity: The Berkeley Department currently owns and maintains 96 rifles Capabilities: The M4 pattern rifle is used only in situations when a potential life-threatening situation exists. While a pistol is the common firearm used by police in these dangerous situations, the M4 patterned rifle has numerous advantages over it. The ability to shoulder the rifle, coupled with the rifle's lengthened barrel and ammunition, result in higher accuracy and lessens the chance of officers missing the intended target. Additionally, due to the design of the rifle's bullet, the round is less likely to over penetrate commercial and residential walls should the officer miss the intended target. The rifle is also easier to use compared to a pistol because of the bullet's low recoil. Finally,