ST. PAUL, Minn. (Mar. 17, 2015) – A bill introduced in the Minnesota state Senate would prohibit state and local law enforcement from acquiring certain military equipment provided through the Pentagon’s 1033 program, helping block federal attempts to militarize local police.

Introduced by Sen. Branden Petersen (R-Andover) on March 4, SF1358 outlines what types of weapons, aircraft and vehicles constitute military equipment, and bars law enforcement agencies in the state from acquiring them.

The bill lays out the prohibition in simple, unambiguous language.

No state or local unit of government or law enforcement agency may acquire military grade weapons pursuant to Section 1033 of the National Defense Authorization Act for fiscal year 1997.

SF1358 defines “military grade weapons” as “militarily equipped vehicles and aircraft, weapons and other objects designed to primarily have a military purpose or offensive capability, and ammunition.” If this is passed, Minnesota law enforcement would no longer be able to receive this type of equipment from the Pentagon’s 1033 program.

Through the 1033 Program, local police departments procure military grade weapons, including automatic assault rifles, body armor and mine resistant armored vehicles – essentially unarmed tanks. Police departments can even get their hands on military helicopters.

As we saw during in the aftermath of the shooting of an unarmed teenager in Ferguson, Mo. last year, local police have turned into militarized forces with little respect for the people they were meant to serve. And Ferguson was just the tip of the proverbial iceberg.

The ACLU recently released a report chronicling the militarization of local law enforcement. It documents the rapid increase SWAT team deployment utilizing paramilitary tactics. According to the ACLU, in nearly 80 percent of the cases, SWAT teams were rolled out for nothing more than serving warrants, usually relating to drug crimes. Almost daily, we hear reports of innocent people getting hurt in these raids.

“They’ve turned ‘protect and serve’ into ‘command and control,’” Tenth Amendment Center executive director Michael Boldin said.

Washington D.C. can largely take credit for creating the aggressive paramilitary response America witnessed in Ferguson, and played out on a smaller scale in cities across America every day.

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.”

To make matters worse, the Department of Homeland Security (DHS) runs the “Homeland Security Grant Program,” which in 2013 gave more than $900 million in counterterrorism funds to state and local police. 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.”

Finally, local police use the lucrative federal asset forfeiture program to fund militarization. State and local law enforcement get to keep 80 percent of the value of assets seized when they help the federal government with enforcement. The feds don’t pass out all of this money and gear without strings. In return for the goodies, the feds get soldiers for their unconstitutional “law.”

Ending cooperation is the first step in making government officials in the state of Minnesota less likely to cooperate with the feds, and removes the incentive for toxic partnerships. Bills like SF1358 can serve as a tool to put the squeeze on the enforcement of unconstitutional laws by denying the warrior cops the feds need to enforce their “laws.”

SF1358 must pass through the Senate Judiciary Committee before it can receive a full vote in the state senate.

For Minnesota: Take action at THIS LINK.

For other states: Call your legislators and politely urge them to introduce a bill curbing police militarization.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.