LANSING, Mich. (June 24, 2021) – A bill introduced in the Michigan House would prohibit state and local law enforcement agencies from acquiring deadly military equipment from federal programs and take a step toward limiting federal militarization of local police.
Rep. Abraham Aiyash (D) introduced House Bill 5021 (HB5021) on June 15. The legislation would ban state and local law enforcement agencies from acquiring certain equipment from military surplus programs operated by the federal government.
HB5021 would prohibit the following:
- Drones that are either armed or weaponized or both.
- Aircraft that are combat configured or combat coded.
- Grenades, grenade launchers or similar explosives.
- Silencers.
- Military armored vehicles.
The proposed law includes a provision banning the acquisition of any lethal military equipment not included on the list.
Notwithstanding subsection (1), a law enforcement agency shall not receive a military weapon from a military equipment surplus program operated by the federal government unless the military weapon is nonlethal.
The legislation applies both to the well-known 1033 program, along with any other military surplus program operated by the federal government.
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 Trump’s action rescinded an Obama-era policy meant to provide greater transparency and oversight around the Department of Defense 1033 program and other federal resources that provide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, the 1033 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 levels. 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.
The enactment of HB5021 would limit Michigan’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.”
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. The passage of HB5021 would take a first step toward limiting police militarization in Michigan.
WHAT’S NEXT
HB5021 has been referred to the House Government Operations Committee. It must be scheduled for a hearing and pass out with a majority vote in order to continue on in the legislative process.
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