RICHMOND, Va. (Dec. 1, 2020) – Last month,
Virginia Gov. Ralph Northam signed a bill into law that will put
limits on state and local law enforcement agencies’ ability to
acquire certain military equipment from federal programs.
Del. Dan Helmer (D-Fairfax Station) introduced House Bill 5049
(HB5049)
on Aug. 17. The new law prohibits a state or local law enforcement
agency from acquiring or purchasing the following military
equipment.
(i) weaponized unmanned aerial vehicles
(ii) aircraft that are configured for combat or are combat-coded
and have no established commercial flight application
(iii) grenades or similar explosives or grenade launchers from a
surplus program operated by the federal government
(iv) armored multi-wheeled vehicles that are mine-resistant,
ambush-protected, and configured for combat, also known as MRAPs,
from a surplus program operated by the federal government
(v) bayonets
(vi) firearms of .50 caliber or higher
(vii) ammunition of .50 caliber or higher
(viii) weaponized tracked armored vehicles.
The law specifies that it does not “restrict the acquisition
or purchase of an armored high mobility multi-purpose wheeled
vehicle, also known as HMMWVs.”
The legislation applies both to the well-known 1033 program,
along with any other military surplus program operated by the
federal government, as well as federal programs that fund the
acquisition of surplus military equipment.
HB5049 requires any agency in possession of prohibited items to
cease using them unless they obtain a waiver from the Criminal
Justice Services Board.
The House and Senate initially passed different versions of
HB5049. The Senate stripped out important transparency provisions
that would have required law enforcement agencies to publish a
public notice within 14 days of requesting any allowable military
equipment from a federal program. The legislation went to a
conference committee that presented a compromise version. On Oct.
14, the House gave final approval by a 54-42 vote and the Senate
approved the measure 21-17. Gov. Ralph Northam sent the bill back
with amendment
recommendations, including a waiver to allow prohibited
equipment for “search and rescue operations.” The Assembly
rejected the amendment recommendation and sent the bill back to the
governor. Northam signed the bill into law on Nov. 18. It will go
into effect on March 1, 2021.
While the enactment of HB5049 will not end the militarization of
local cops, it will keep some dangerous weapons out of the hands of
police officers and set the stage for further limits in the
future.
FEDERAL SURPLUS AND GRANT MONEY
Through the federal 1033 Program, local police departments
procure military-grade weapons. Police can also get military
equipment through the Department of Homeland Security via the (DHS)
“Homeland Security Grant Program.” The DHS�doles out over $1 billion in
counterterrorism funds to state and local police each year.
According to a 2012 Senate report, this money has been used to
purchase tactical vehicles, drones, and even tanks with little
obvious benefit to public safety. And, according to ProPublica,
“In 1994, the Justice Department and the Pentagon-funded a
five-year program to adapt military security and surveillance
technology for local police departments that they would otherwise
not be able to afford.â€
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In August 2017, President Trump issued an executive
order that gave
a push to local police militarization. Trump’s action
rescinded an Obama-era
policy meant to provide greater transparency and oversight
around the Department of Defense 1033 program and other federal
resources that provide military weapons to local police.
Passage of HB5049 limits Virginia’s participation in federal
police militarization programs.
COMMAND AND CONTROL
Arming ‘peace officers’ like they’re ready to occupy an
enemy city is totally contrary to the society envisioned by the
founders. They’ve turned ‘protect and serve’ into ‘command
and control.’
In the 1980s, the federal government began arming, funding and
training local police forces, turning peace officers into soldiers
to fight in its unconstitutional “War on Drugs.†The
militarization went into hyper-drive after 9/11 when a second front
opened up – the “War on Terror.â€
By making it more difficult for local police to get this
military-grade gear, they become less likely to cooperate with the
feds, and it also removes incentives for partnerships. Passage of
HB5049 takes a first step toward limiting police militarization in
Virginia.
Source:
Tenth Amendment Center
Michael Maharrey [send him
email] is the Communications Director for the Tenth Amendment
Center. He is from the original home of the Principles of ’98 –
Kentucky and currently resides in northern Florida. See his blog
archive
here and his article archive
here. He is the author of the book,
Our Last Hope: Rediscovering the Lost Path to
Liberty. You can visit his personal website at
MichaelMaharrey.com
and like him on Facebook HERE
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Signed as Law: Virginia Limits Federal Militarization of
Police
