AB 481 - MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE

Assembly Bill (AB) 481 added California Government Code sections 7070, et. seq. requiring law enforcement agencies to obtain approval of their applicable governing bodies by an ordinance adopting a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of “military equipment,” as defined in the statute.

AB 481 Definition of Military Equipment

The law defines the following as military equipment:

  • Unmanned, remotely piloted, powered aerial or ground vehicles.
  • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. This does not include police versions of standard consumer vehicles.
  • High mobility multipurpose wheeled vehicles (HMMWV, commonly known as Humvees), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. This does not include unarmored all-terrain vehicles (ATVs) and motorized dirt bikes.
  • Tracked armored vehicles that provide ballistic protection to their occupants and use a tracked system instead of wheels for forward motion.
  • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
  • Weaponized aircraft, vessels, or vehicles of any kind.
  • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram designed to be operated by one person.
  • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
  • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and 30515. This does not include standard-issue service weapons and ammunition of less than .50 caliber.
  • Any firearm or firearm accessory that is designed to launch explosive projectiles.
  • “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
  • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
  • 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munitions (SIM) weapons, and their associated munitions.
  • Any other equipment as determined by the Los Angeles County Board of Supervisors (“Board of Supervisors”) or a state agency to require additional oversight.
  • Notwithstanding the above, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The full text of AB 481 is available here.

Requirements of AB 481

AB 481 requires each law enforcement agency to adopt, and the applicable governing body to approve, a written military equipment use policy to continue use of previously acquired military equipment. The Los Angeles County Sheriff’s Department developed the following materials to provide information to the public:

  • Policy: The approved military equipment and use policy can be found here.
  • Ordinance:  The County passed the ordinance that can be found here
  • List of Military Equipment: The Sheriff’s Department surveyed its equipment and assembled a list of military equipment in its possession, as well as each item’s purpose, authorized use, expected lifespan, and fiscal impact, which can be found here.
  • Public Comment: The public may submit comments, questions, and complaints about the military equipment use policy, Annual Military Equipment Report(s), and/or the acquisition, funding and use of military equipment to the following email address: [email protected] or to the Department’s complaint system located here.
  • Annual Report: The Sheriff’s Department will prepare an Annual Military Equipment Report, as required by Government Code section 7072 and as described more fully below. This report will be publicly posted on this website as required by Government Code section 7072.

Annual Reports

Pursuant to AB 481, the Sheriff’s Department will publish and submit to its governing body (the Los Angeles County Board of Supervisors) an Annual Military Equipment Report for each approved type of military equipment for as long as such equipment is available for use. The Annual Military Equipment Report shall include the following information for each type of military equipment for the immediately preceding calendar year:

  1. A summary of how the military equipment was used and the purpose of its use.
  2. A summary of any complaints or concerns received concerning the military equipment.
  3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
  4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
  5. The quantity possessed for each type of military equipment.
  6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The reports will be published annually following the Board of Supervisors’ adoption of the ordinance approving the Sheriff’s Department military equipment use policy and will be posted to this site.

Public Meetings and Comment

The Sheriff’s Department will hold an annual public community engagement meeting at which the public may discuss and ask questions regarding the Annual Military Equipment Report and the Sheriff’s Department’s acquisition, funding, and use of military equipment. This meeting will be held annually within 30 days of the Sheriff’s Department’s public release of its Annual Military Equipment Report. Information regarding scheduling and location will be publicly posted on this website.

In addition, members of the public may submit comments, questions, concerns, and/or complaints at any time to the following email address [email protected] .

Reporting

The Department is currently updating and automating its reporting equipment and usage system and expects that Reports will be online and updated in January 2025.