Policy Text
1 GENERAL ORDER #10.08
MILITARY EQUIPMENT FUNDING,
ACQUISITION AND USE POLICY
GENERAL ORDER #10.08
Adopted: Updated: 7/28/2022 Replaces: Reviewed: 7/28/2022
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POLICY
It is the policy of the Santa Cl ara County Sheriff’s Office to have legally enforceable safeguards,
including transparency, oversight, and accountabil ity, in place to protect the public’s welfare,
safety, civil rights, and civil liberties with respect to the funding, acquisition, and use of equipment
defined by statute as military equipment. The ac quisition of military equipment and its deployment
in our communities may impact th e 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 participat e in any government agency’s deci sion to fund, acquire, or use such
equipment. Decisions regarding wh ether and how military equipment is funded, acquired, or used
should give strong consideration to the public’s welfare, sa fety, civil rights, and civil liberties, and
should be based on meaningful public input. The members of this office will comply with the
provisions of Government Code § 7070, et. seq. with respect to mi litary equipment.
PURPOSE AND SCOPE
The purpose of this policy is to provide rules for the approval, acquisition, use, and reporting
requirements of military equipment, as outlined in Government Code § 7070, et. seq., in order to
safeguard the public’s welfare, safety, civil rights, and ci vil liberties.
DEFINITIONS
The definitions related to this policy ar e defined in Government Code § 7070.
Governing body – The elected or appointed body that ove rsees the Office, which is the County
of Santa Clara Board of Supervis ors [Government Code § 7070(a)].
Law Enforcement Agency – Among other entities encompassed, a Sheriff’s Office [Government
Code § 7070(b)(2)].
2 GENERAL ORDE R #10.08 Military equipment – Defined military equipment includes , but not limited to, the following
[Government Code § 7070(c)(1)-(15)]:
1. Unmanned, remotely piloted, power ed aerial or ground vehicles.
2. Mine-resistant ambush-prote cted (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consum er 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 wheeled vehicles that have a
breaching or entry apparatus attached. Howeve r, unarmored all-terrain vehicles (ATVs)
and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballis tic protection to their occupants and utilize
a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are eith er built or modified to facilitate the
operational control and direc tion 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 lo ck, such as bolt cutters, or a handheld
ram designed to be operated by one person, are specifi cally excluded from
this subdivision.
8. Firearms of .50 caliber or gr eater. However, standard i ssue shotguns are specifically
excluded from this subdivision.
9. Ammunition of .50 caliber or greater. Howe ver, standard issue shotgun ammunition is
specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault
weapons as defined in § 30510 and §30515 of the Penal Code, with the exception of
standard issue service weapons and ammunition of less than .50 caliber that are issued
to officers, agents, or employees of a law enforcement agency or state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and expl osive breaching tools, “tea r gas,” and “pepperballs,”
excluding standard, service-i ssued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and Long Range Acoustic
Devices (LRADs).
3 GENERAL ORDE R #10.08
14. The following projectile launch platforms and their associated munitions: 40mm
projectile launchers, “bean bag,” rubber bu llet, and specialty impact munition (SIM)
weapons
15. Any other equipment as dete rmined by a governing body or a state agency to require
additional oversight.
MILITARY EQUIPMENT COORDINATOR
The Sheriff shall designate a member of this office to act as the mi litary equipment coordinator. The
responsibilities of the milit ary equipment coordinator in clude but are not limited to:
1. Acting as liaison to the governing body for ma tters related to the requirements of this
policy.
2. Identifying equipment that qualifies as mil itary equipment in th e current possession of
the Sheriff’s Office, or the equipment the Sheriff’s Offi ce intends to acquire that
requires approval by the governing body.
3. Conducting an inventory of all milita ry equipment at least annually.
4. Collaborating with any allied agencies th at may use military equipment within the
jurisdiction of Santa Clara