MINNEAPOLIS, Minn. (Feb. 2, 2021) – A bill introduced in the Minnesota House would ban state and local law enforcement agencies from acquiring military equipment from one major federal program.
A coalition of 11 Democrats introduced House Bill 487 (HF487) on Jan. 28. The legislation would prohibit state and local law enforcement agencies in Minnesota from acquiring “military-grade weapons” from the federal 1033 program. HF487 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.”
This would not prohibit police departments from acquiring other equipment from the 1033 program, such as generators and medical equipment.
Passage of HF487 would take a first step toward limiting the militarization of police in Minnesota, but wouldn’t stop it completely. It would not prohibit law enforcement agencies from acquiring equipment through other military surplus program operated by the federal government or from buying it with federal grant money.
FEDERAL SURPLUS AND GRANT MONEY
Police can get military-grade weapons through a number of federal programs, including the 1033 program, and via the Department of Homeland Security through 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 Trump’s action rescinded an Obama-era policy meant to provide greater transparency and oversight around the Department of Defense 1033 program and other federal resources that provide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. Biden will reportedly reinstitute the Obama policy, but it was nothing more than window-dressing. In practice, the Obama EO did little to stem the flow of military equipment to state and local law enforcement agencies.
Even with the Obama-era limits back in place, the1033 program will remain essentially intact. Military gear will continue to pour into local police agencies, just as it did when Obama was in the White House.
Even if you see the Obama/Biden limits as a positive, the multiple federal flip-flops underscore the importance of putting limits on police militarization at the state and local level. Federal policy tends to change depending on the party in power. Whatever limits Biden imposes through executive order can be undone with a stroke of the next president’s pen. The only way to effectively end police militarization for good is permanently withdrawing the state from these federal programs.
Passage of HF487 would end Minnesota’s participation in the 1033 police militarization program.
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 HF487 would take a first step toward limiting police militarization in Minnesota.
WHAT’S NEXT
HF487 was referred to the House Public Safety and Criminal Justice Reform Finance & Policy Committee where it must pass by a majority vote before moving forward in the legislative process.
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