Policy Text
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO 410.06
Page 1 of 41
410.06
MILITARY EQUIPMENT USE
08-16-2023
PURPOSE
The purpose of this policy is to establish guidelines for the funding, acquisition, and use of “military
equipment,” as the term is defined in Government Code § 7070. This policy is provided to fulfill the obligations
set forth in Chapter 12.8 (commencing with § 7070) to Division 7 of Title 1 of the Government Code, relating
to military equipment. These obligations include, but are not limited to, obtaining approval to seek funding for,
acquire, or use specific items deemed to be military equipment, as well as requirements related to
compliance, annual reporting, cataloging, and complaints regarding these items.
POLICY
It shall be the policy of the Sacramento Police Department (SPD) to observe 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. All equipment in this order
shall only be used within the parameters established in the respective order that governs each particular item.
PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public’s safety and
welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local
government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or
use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used
should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be
based on meaningful public input.
PROCEDURE
A. DEFINITIONS
1. Governing Body – For SPD the elected entity would be City Council of the City of Sacramento.
2. Military Equipment – Any of the items specified in Government Code § 7070 (c)(1) through (c)(16).
B. GENERAL
1. The SPD shall obtain approval of the governing body, on an annual basis, prior to engaging in any of
the following actions:
a. Requesting military equipment made available pursuant to United States Code § Title 10, 2576a.
b. Seeking funds for military equipment including, but not 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
previously approved in this general order by the governing body.
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
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDERS
GO 410.06
Page 2 of 41
equipment.
g. Acquiring military equipment through any other means not specified in this general order.
2. In seeking the approval of the governing body, the department shall submit a proposed military
equipment use policy, or subsequent amendments, to the city council 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 the department is:
a. Necessary because there is no reasonable alternatives that can achieve the same objective of
officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of
officer and civilian safety.
2. Military equipment shall be used by a department employee only after applicable training, including any
course required by the Commission on Peace Officer Standards and Training (POST), has been
completed. In the event that circumstances arise where there is a risk of serious bodily injury or death, it
may be used unless prohibited by law.
3. SPD will not acquire any equipment, the possession of which by law enforcement agencies is prohibited
by federal law.
4. Any SPD request for mutual aid or assistance from outside agencies shall conform to this policy.
a. Where SPD has requested assistance and retains operational control of an incident while outside
agency members relieve or supplement SPD personnel, any command decisions made by the
incident commander shall conform to this policy.
b. Outside agency members are expected to conform their conduct to their employing agency’s
Military Equipment Use Policy, which may differ from this policy.
c. Any SPD employee who observes conduct by a member of an outside agency that does not
conform to this policy shall immediately report it to the SPD incident commander through their chain
of command and to the Professional Standards Lieutenant.
D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS
1. The SPD shall submit an annual military equipment report to city council that addresses each type of
military equipment authorized and available for use by the department.
2. The department shall also make each annual military equipment use report publicly available on its
internet website for as long as the military equipment is available for use.
3. The annual military equipment use report shall, at a minimum, include the following information for the
immediately preceding calendar year for each type of military equipment:
a. A summary of how the military