COLUMBUS, Ohio (July 10, 2020) – A bill introduced in the Ohio House would put limits on state and local law enforcement agencies’ ability to acquire certain military equipment from federal programs.

Rep. Casey Weinstein (D-Hudson) and Rep. Erica Crawley (D-Columbus), along with 15 Democrat cosponsors, introduced House Bill 721 (HB721) on July 1. The legislation would prohibit a state or local law enforcement agency from receiving or purchasing the following property from a military equipment surplus program operated by the federal government.

  • Drones that are armored, weaponized, or both
  • Aircraft that are combat configured or combat coded
  • Grenades or similar explosives and grenade launchers
  • Silencers;
  • Weaponized armored vehicles

HB721 would also bar state and local law enforcement from using federal money to purchase any equipment from a military surplus program. Police departments could still use state or local funds to purchase allowable equipment.

HB721 includes provisions that would increase transparency. Law enforcement agencies would be required to publish a public notice within 14 days of requesting any allowable military equipment from a federal program.

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 surveillance equipment.

While passage of HB721 wouldn’t end the militarization of local cops, it would keep some dangerous weapons out of the hands of police officers and set the stage for further limits in the future.

Crawley said the militarization of police breaks down community trust.

“Our police departments are tasked with protecting and serving, and we have to address how the ‘militarization’ of our police departments play a role in the breakdown of police-community relations. Community trust is vital to the foundation of safe communities; however, when militarized equipment is used, it is believed that law enforcement officers adopt a warrior mindset where the public is the enemy rather than the people they serve. To achieve the foundational trust, the view of police as a military unit going into war against the public must be eliminated.”

Police departments often obtain military and surveillance equipment from the federal government in complete secrecy. Requiring public disclosure of all requests for military gear would bring the process into the open and provide an opportunity for concerned residents to stop the acquisition through their local representatives.

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.”

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 HB721 would limit Ohio’s participation in federal police militarization programs and create a framework of transparency. It would also create a foundation for the public to stop their local police from obtaining this type of gear.

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.”

By making it more difficult for local police to get this military-grade gear and surveillance technology, and ensuring they can’t do it in secret, it makes them less likely to cooperate with the feds and removes incentives for partnerships. Passage of HB721 would take a first step toward limiting police militarization in Ohio.

WHAT’S NEXT

At the time of this report, HB721 had not been referred to a committee. Once it receives a committee assignment, it must pass by a majority vote before moving forward in the legislative process.

Mike Maharrey

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