Policy Text
Santa Clara County Sheriff's Office
Policy Manual
Policy
706
Military Equipment
706.1 POLICY
It is the policy of the Santa Clara County Sheriff’s Office to have legally enforceable
safeguards, including transparency, oversight, and accountability, in place to protect the
public’s welfare, safety, civil rights, and civil liberties with respect to t he funding,
acquisition, and use of equipment defined by statute as military equipment. 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, acqu ired, 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. The members of this office will comply with
the provisions of Government Code § 7070, et. seq . with respect to military equipment.
706.2 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 civil liberties.
706.3 DEFINITIONS
The definitions related to this policy are defined in Government Code § 7070.
Governing body – The elected or appointed body that oversees the Office, which is the
County of Santa Clara Board of Supervisors [Government Code § 7070(a)].
Law Enforcement Agency – Among other entities encompassed, a Sheriff’s Office
[Government Code § 7070(b)(2)].
Military equipment – Defined military equipment includes, but not limited to, the
following [Government Code § 7070(c)(1) -(15)]:
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 wheeled vehicles that
have a breaching or entry apparatus attached. However, unarmored all -terrain
vehicles (ATVs) and mo torized dirt bikes are specifically excluded from this
Santa Clara County Sheriff's Office
Policy Manual
Copyright Lexipol, LLC 2021/01/05, All Rights Reserved.
Published with permission by Santa Clara County Sheriff's
Office Military Equipment
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. Firearms 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 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 enf orcement agency or 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 “pepperballs,”
excluding standard, service -issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and Long Range Acoustic
Devices (LRADs).
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 governing body or a state agency to
require additional oversight.
706.4 MILITARY EQUIPMENT COORDINATOR
The Sheriff shall designate a member of this office to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not
limited to:
Santa Clara County Sheriff's Office
Policy Manual
Copyright Lexipol, LLC 2021/01/05, All Rights Reserved.
Published with permission by Santa Clara County Sheriff's
Office Military Equipment
1. Acting as liaison to the governing body for matters related to the requirements
of this policy.
2. Identifying equipment that qualifies as military equipment in the current
possession of the Sheriff’s Office, or the equipment the Sheriff’s Office intends
to acquire that requires approval by the governing body.
3. Conducting an inventory of all military equipment at least annually.
4. Collaborating with any allied agencies that may use military equipment within
the jurisdiction of Santa Clara County Sheriff’s Office (Government Code §
7071).
5. Preparing