Policy Text
Page 1 of 22
BUTTE COUNTY SHERIFF’S OFFICE
Military Equipment Use Policy
(Rev. 01/22/25)
PURPOSE
This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment”, as
the term is defined in Government Code section 7070, which takes effect January 1,2022.
This policy is intended to fulfill the obligations set f orth in Assembly Bill No. 481 (2021 -2022). These
obligations include but are not limited to seeking approval on specific items deemed to be “military
equipment” and requirements related to compliance, annual reporting, cataloging, and complaints regarding
these items. It should also be noted that some quantities and prices have been estimated.
While Government Code section 7070 classifies what constitutes “military equipment” for the purposes of
this policy, it does not necessarily indicate the items originated from the military. T he majority of the items
listed herein have been procured by BCSO directly from private retailers, dealers or manufacturers and not
through the Department of Defense Law Enforcement Support Office (LESO) / 1033 program. Qualifying
items received through the LESO/1033 program have been identified . Furthermore, numerous items
classified as “military equipment” by Government Code section 7070 are substantially similar to, or, in some
cases, identical to items available for purchase by members of the public .
Except where otherwise expressly stated, the provisions of this policy shall be considered as guidelines. It is
recognized that the work of law enforcement is not always predictable and circumstances may arise which
warrant departure from these guidelines. It is the intent of this policy to be viewed from an objective
standard, taking into consideration the sound discretion entrusted to members of this office under the
circumstances reasonably available at the time of any incident.
This policy shall not be construed to create a higher standard or duty of care for civil or criminal liability
against the County, its officials or members. Violations of any provision(s) contained within this policy shall
only form the basis for office administrative action, training or discipline.
PROCEDURE
A. DEFINITIONS
1. Governing Body – The Butte County Board of Supervisors (“Board”).
2. Military Equipment – Any of the items as defined by California Government Code section 7070,
subsections (c)(1) through (c)(16).
Page 2 of 22 B. GENERAL
1. In accordance with state law, it is the policy of BCSO to obtain the approval of the governing body
annually by an ordinance adopting a military equipment use policy at a regular meeting of the
governing body prior to engaging in any of the following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the
United States Code.
b. Seeking funds for military equipment including, but no t limited to, applying for a grant,
soliciting or accepting private, local, state, or federal funds, in -kind donations, or other
donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or
leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military
equipment within the territorial jurisdiction of the governing body.
e. Using any new or existing military equipment for a purpose, in a manner, or by a person not
previo usly approved by the governing body pursuant to general order.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of,
military equipment.
2. In seeking the approval of a policy by the governing body, it is the policy of BCSO to submit a
proposed military equipment use policy, or subsequent amendments, to the Board and the public via
the law enforcement agency’s internet website at least 30 days prior to any public hearing
concerning the military equipment at issue.
C. MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by BCSO is:
a. Necessary because there is no reasonable alternative that can a chieve the same objective of
deputy and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same
objective of deputy and civilian safety.
2. It is the policy of BCSO that military equipment be used by employees only after applicable training,
including any course required by the Commission on Peace Officer Standards and Training (POST),
has been completed, unless exigent circumstances arise.
D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS
1. It is the policy of BCSO to submit an annual military equipment report to the Board that addresses
each type of military equipment possessed by the Office .
2. It is the policy of BCSO to also make each annual mil itary equipment report publicly available on its
internet website for as long as the military equipment is available for use.
3. It is the policy of BCSO that the annual military equipment report, at a minimum, include the
following information for the immedi ately preceding calendar year for each type of military
equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment
use policy, and any actions taken in response.
Page 3 of 22 d. The total annual cost for each type of military equipment,