Policy Text
Ordinance No. 2024 -04
ESCONDIDO POLICE DEPARTMENT INSTRUCTION
DATE: 02-23-23 Exhibit "A"
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NO: 1.55 ADMINISTRATION
TO:
ALL PERSONNEL
SUBJECT:
MILITARY EQUIPMENT USE POLICY
ORIGIN:
CHIEF OF POLICE
RETAIN:
UNTIL FURTHER NOTICE
This Department Instruction supersedes Department Instruction 1.55, dated May 1, 2022.
I. 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. This policy is provided to fulfill the obligations set forth
in Assembly Bill No. 481 (“AB 481”). These obligations include but are
not limited to seeking approval on specific items deemed to be military
equipment and requirements related to complian ce, annual reporting,
cataloging, and complaints regarding these items.
II. OVERVIEW
The Escondido Police Department utilizes military equipment in its
mission to protect the community through exceptional police service. This
equipment is acquired with careful consideration and intention. Military
equipment is acquired and authorized when there is no reasonable
alternative that can achieve officer and civilian safety. AB 481 provides
important public information and input regarding how military equipment
is funded, acquired, and used.
III. POLICY
It is the policy of the Escondido Police Depart ment that there are legally
enforceable safeguards, including transparency, oversight, and
accountability measures in place to protect the public’s welfare, safety,
civil rights, and civil liberties before military equipment is funded,
acquired, or used.
IV. DEFINITIONS
A. California Government Code section 7070 defines “Military Equipment” as:
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
Ordinance No. 2024 -04
Exhibit "A"
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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. Firear ms 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 f irearms 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 an d 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 City Council or a state agency to
require a dditional oversight.
16. Notwithstanding paragraphs (1) through (15), “military equipment” does not
include general equipment not designated as prohibited or controlled by the
federal Defense Logistics Agency.
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Exhibit "A"
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B. California Government Code section 7070 states “Military equipment use policy”
means a publicly released, written document governing the use of military
equipment by a law enforcement that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its
capabilities, expected lifespan, and product descriptions from the
manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enf orcement agency or
the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial
costs of obtaining the equipment and estimated annual costs of maintaining
the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training