RICHMOND, Va. (Oct 5, 2020) – On Friday, the Virginia Senate passed a bill that would 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 legislation would prohibit a state or local law enforcement agency from acquiring, purchasing, or accepting on any terms the following military equipment.

(i) tracked armored vehicles
(ii) weaponized aircraft, vessels, and vehicles of any kind
(iii) firearms of .50-caliber or higher
(iv) ammunition of .50-caliber or higher
(v) grenade launchers
(vi) bayonets

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.

On Oct. 2, the Senate approved the measure by a 21-18 vote.

The House previously passed HB5049 by a 54-42 vote. The Senate Judiciary Committee amended the original bill, tweaking the list of prohibited items and stripping out important transparency provisions that would require law enforcement agencies to publish a public notice within 14 days of requesting any allowable military equipment from a federal program. The legislation will now go back to the House where it will consider the Senate amendments.

While the passage of HB5049 wouldn’t end the militarization of local cops, even as amended, it would keep some dangerous weapons out of the hands of police officers and set the stage for further limits in the future.


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 Trump’s action rescinded an Obama-era policy meant to provide greater transparency and oversight around the Department of Defense 1033 program and other federal resources that provide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 HB5049 would limit Virginia’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.


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 HB5049 would take a first step toward limiting police militarization in Virginia.


HB5049 will now go back to the House for concurrence with the amendments. If the House fails to concur, it will likely go to a conference committee to hammer out differences.

Mike Maharrey