277365.4
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
Per Government Code § 7070, et seq.
I. PURPOSE AND SCOPE
The purpose of this procedure is to provide guidelines for the approval, acquisition, and reporting requirements of “military equipment,” as codified under California Assembly Bill 481 (AB-481) and codified in California Government Code §§ 7070 – 7075.
II. BACKGROUND
On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (City Council), by adoption of a “military equipment” use policy, as defined under AB-481.
The Department is required to seek City Council approval of this “military equipment” use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of “military equipment,” as defined. The legislation allows the City Council to approve the funding, acquisition, or use of “military equipment” within its jurisdiction only if it determines that the “military equipment” meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual “military equipment” report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular “military equipment” where standards have not been met, or require modifications to this “military equipment” use procedure to address any non-compliance with standards.
Finally, the legislation requires publication of this “military equipment” use procedure and the annual “military equipment” report on the Department’s website. The “military equipment” use procedure must be posted on the website at least 30 days prior to the Council meeting.
III. DEFINITIONS
Definitions related to this policy shall be as stated below (Government Code § 7070):
“Governing body” means the Barstow City Council and Mayor. “Military equipment” means the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
• Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police or heavy duty versions of standard consumer vehicles are specifically excluded from this definition.
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles and motorized dirt bikes are specifically excluded from this definition. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, and handheld, one-person rams are specifically excluded from this definition.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms of less than .50 caliber.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued hand-held pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions:
• 40mm projectile launchers,
• “Bean bag,”
• Rubber bullet, and
• Specialty impact munition (SIM) weapons.
• Any other equipment as specifically determined by the City Council or a state agency in writing to require additional oversight.
• “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military equipment use policy” refers to this Department Procedure and means a publicly released, written document governing the use of “military equipment” by the Department that addresses, at a minimum, all of the following:
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
• A description of each type of “military equipment,” the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the “military equipment.”
• The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of “military equipment.” • The fiscal impact of each type of “military equipment,” including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
• The legal and procedural rules that govern each authorized use. • The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of “military equipment” to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the “military equipment” use policy. • The mechanisms to ensure compliance with the “military equipment” use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
• The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of “military equipment”, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
IV. POLICY
It is the policy of the Barstow Police Department that members of this department comply with the provisions of Government Code § 7071 and other applicable law with respect to “military equipment.”
V. “MILITARY EQUIPMENT” TYPES AND USAGE GUIDELINES
The Barstow Police Department acquires and utilizes a wide variety of “military equipment,” as defined, in order to best enhance the quality of life in, and safeguard, the community. While the inventory of “military equipment” is varied, the mere possession of the equipment does not warrant its use for every incident.
The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of “military equipment” options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of “military equipment” is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize “military equipment” to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.
It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein “military equipment” should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.
The following are the various types, descriptions, and guidelines for usage of “military equipment” currently employed by the Department. Because the acquisition of “military equipment” may not be consistent throughout the year, in describing quantities of “military equipment,” this Procedure has included the quantity of “military equipment” currently in the Department’s possession, and, in brackets, the quantity that the City Council has authorized to be acquired throughout the year. (*NOTE: The manufacturer descriptions contained within are referenced via publicly accessible website source citations. The website source citations utilized in this procedure are for “military equipment” descriptive purposes only and are not an endorsement by the City of Barstow or the Barstow Police Department of a particular product or vendor.)
The following constitutes a list of qualifying “military equipment” for the Barstow Police Department:
1.Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
(a) Description, purchase costs, quantity, capabilities:
i. Description: DJI INSPIRE 1
ii. Cost: $5,000
iii. Quantity: 1 [X]
iv. Capabilities: This UAS is able to record 4K video, 12 megapixel photos, and transmit an HD video signal for approximately 1 mile. This UAS is battery operated and capable of 30 minutes of flight time. v. Manufacturer: DJI
vi. Manufacturer Description: ” “The Inspire 1 is [a] brand new quadcopter capable of capturing 4K video and transmitting an HD video signal (up to 2km) to multiple devices.” Source: https://www.dji.com/inspire-1 (b) Purpose - The UAS is deployed when its view would assist officers in the field or incident commanders managing a critical incident in certain situations to include but not limited to:
i. major traffic collision investigations;
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
ii. searches for missing persons;
iii. searches for suspects;
iv. natural disaster management;
v. crime scenes;
vi. Special Response Team (SRT) tactical operations or other critical incident public safety or life preservation missions; and/or
vii. in response to specific requests from Barstow Fire Protection District, state, or federal fire authorities for fire response and/or prevention. (c) Authorized Use - Only assigned UAS operators who have completed the required training shall be permitted to operate any UAS during approved missions.
(d) Expected Life Span - UAS and associated equipment, 3-5 years. (e) Fiscal Impact - Annual maintenance and battery replacement cost is approximately
$1,000.
(f) Training - All department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must complete on going quarterly training.
(g) Legal and Procedural Rules - Use is established under Barstow Police Department Policy 609 - Unmanned Aerial Systems (UAS) Operations, which is posted on the Department website. It is the policy of the Barstow Police Department to utilize UAS for official law enforcement purposes and in strict accordance with constitutional and privacy rights and state and federal law.
2. Robots: A remote-controlled unmanned machine that operates on the ground and is utilized by officers to enhance the safety of the community and officers. (a) Description, purchase costs, quantity, capabilities:
i. Description: RECON ROBOTICS RECON SCOUT MICRO-ROBOT
ii. Costs: $7,000
iii. Quantity: 1 [X]
iv. Capabilities: The Recon Scout is a throwable remotely operated microrobot system that can transmit video from an indoor or outdoor environment. It can locate subjects whether armed or injured providing protection and safety to officers and operators.
v. Manufacturer: Recon Robotics
(b) Manufacturer Description: No manufacturer description.Purpose - The robot is used to remotely gain real time visual data of an incident location, search for Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
armed or injured subjects, and clear buildings.
(c) Authorized Use - Only assigned SRT operators who have completed the required training shall be permitted to utilize the Recon Scout Robot. Use is established by the SRT Commander or SRT team Leader.
(d) Expected Life Span - The Recon Scout, 8-10 years.
(e) Fiscal Impact - There is no annual maintenance.
(f) Training - All Robot operators must complete in-house training on the use of the Robot when assigned to the Special Response Team.
(g) Legal and Procedural Rules - Use is established under Barstow Police Department Policy 459 - Special Response Team (SRT), which is posted on the Department website. It is the policy of the Barstow Police Department to utilize the Robot only for official law enforcement purposes and in a manner that respects the privacy of our community members pursuant to state and federal law.
3. Armored Vehicle: Military produced wheeled armored personnel vehicle utilized during law enforcement operations for armor protection and officer or citizen rescues. (a) Description, purchase costs, quantity, capabilities:
i. Description: CAIMAN 6X6 MINE RESISTANT AMBUSH PROTECTED (MRAP) VEHICLE
ii. Costs: Donated through Federal 1033 Program
iii. Quantity: 1 [X]
iv. Capabilities: The 2012 MRAP is a fully armored vehicle that seats 8-10 personnel. It has an open floor plan that allows for the rescue of downed personnel and/or citizens. The vehicle’s armor can stop high powered rifle rounds providing greater protection and safety for officers and citizens beyond that which is provided by standard personal body armor or ballistic shield.
v. Manufacturer: BAE Systems
vi. Manufacturer Description: The Caiman 6x6 is a wheeled mine resistant, ambush protected tactical vehicle developed by Stewart & Stevenson Tactical Vehicle Systems, an Armor Holdings division, for the United States military. Armor Holdings was acquired by BAE Systems in July 2007. As of December 2007, the US Navy had ordered over 684 such vehicles for the United States Marine Corps (USMC). Based on the ultrareliable Family of Medium Tactical Vehicles (FMTV M1084) platform and the combat-proven Low Signature Armored Cab (LSAC), the Caiman incorporates the demonstrated performance of these components into a survivable protected vehicle designed to defeat current and emerging threats on today’s battlefield. The high level of parts commonality with the Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
FMTV ensures that the Caiman will maintain the same levels of readiness, mobility, serviceability, and worldwide support as the 40,000 plus FMTVs already fielded. This commonality means soldiers are already trained to support the FMTV and are familiar with its maintenance procedures, which are supported by a full supply chain. (b) Purpose - The MRAP is to be used in response to critical incidents such as, but not limited to:
i. active shooter incidents:
ii. armed barricaded subjects in a structure or vehicle:
iii. armed suspect in an open area (large field, parking lot):
iv. SRT call-outs:
v. officer down rescue:
vi. citizen rescue:
vii. officer or citizen evacuations from an active area where a threat of gunfire still exists:
viii. terrorist incidents:
ix. SRT and Mobile Field Force training:and/or
x. any other incidents involving armed subjects or where the use of the MRAP would be appropriate to enhance officer and community safety, improve scene containment during major incidents, as well as provide officer and citizen protection while resolving these critical incidents. (c) Authorized Use - The use of the MRAP vehicle shall only be authorized by the SRT Team Leader or Commander based on the specific circumstances of the critical incident. The MRAP shall be used by officers trained in their deployment, use, and in a manner consistent with department policy and training.
(d) Expected Life Span - Caiman 6x6 MRAP; 25 years.
(e) Fiscal Impact - Annual maintenance costs of approximately $2,500. (f) Training - All driver/operators shall attend formalized instruction and be trained in driving and vehicle operations.
(g) Legal and Procedural Rules - Use of the MRAP is established under Barstow Police Department Policy 701 - Federally Controlled Equipment, which is posted on the Department website.
4. 37 MM Launcher: The 37mm launchers are utilized by personnel on the Special Response Team (SRT) as a less lethal tool to launch impact rounds and deploy canisters of chemical agents or smoke.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
(a) Description, purchase costs, quantity, and capabilities:
i. Description: DEFENSE TECHNOLOGY 37mm TACTICAL 6-SHOT
LAUNCHER,
• Costs: $2,200
• Quantity: 1 [X]
• Capabilities: The 37mm tactical 6-Shot launcher is a low-profile light-weight launcher that provides multi-shot capabilities. It has a collapsible stock and front forward grip. It will launch 37mm less lethal rounds and chemical agents (ferrets or canisters) up to approximately 50 yards and is only authorized to be used by SRT personnel.
• Manufacturer: Defense Technology
• Manufacturer Description: No manufacturer description. ii. Description: DEFENSE TECHNOLOGY 37mm SINGLE SHOT
LAUNCHER
• Costs: $1,200
• Quantity: 2 [X]
• Capabilities: The single shot 37mm launcher is the lightest launcher available. It will fire standard 37mm less lethal ammunition and chemical agent, up to 8" canisters.
• Manufacturer: Defense Technology
• Manufacturer Description: Manufactured exclusively for Defense Technology®, the 37LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting
systems allow both a single- and two-point sling attachment.
The 37LMTS will fire standard 37/38mm less lethal ammunition, up to 8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.
(b) Purpose - To deploy less than lethal capabilities to reduce the escalation of conflict where deployment of lethal force is prohibited or undesirable. (c) Authorized Use - Situations for the use of less lethal weapon systems may include, but are not limited to:
i. self-destructive, dangerous and/or combative individuals; ii. riot/crowd control and civil unrest incidents;
iii. circumstances where a tactical advantage can be obtained; Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
iv. potentially dangerous or vicious animals; and/or
v. training exercises or approved demonstrations.
(d) Expected Life Span - Defense Technology 37mm single shot and tactical 6- shot launcher; 25-years.
(e) Fiscal Impact - Annual maintenance for the launcher is approximately $50. (f) Training - All personnel utilizing the 37mm launcher shall be trained by a POST certified less lethal and chemical agents instructor.
(g) Legal and Procedural Rules - Use of the 37mm launcher is authorized by Barstow Police Department Policy 308 - Control Device and Techniques, which is posted on the Department website.
5. Less Lethal Shotgun: Less lethal shotguns are used to deploy the less lethal 12- gauge Stabilized Bean Bag round and 12-gauge Ferret Liquid CS Round. (a) Description, purchase costs, quantity, capabilities:
i. Description: REMINGTON 870 LESS LETHAL SHOTGUN
• Cost: $900 each
• Quantity: 18 [X]
• Capabilities: The less lethal 870 shotgun is used to deploy the Drag Stabilized bean bag round up to 75 feet. The range of the weapon system helps to maintain distance between officers and a suspect—reducing the immediacy of a threat which is a key principle of de-escalation.
• Manufacturer: Remington
• Manufacturer Description: No manufacturer description. ii. Description: DEFENSE TECHNOLOGY 12-GAUGE DRAG STABILIZED
BEAN BAG ROUND
• Costs: $5.35 each
• Quantity: 194 [X]
• Capabilities: The 12-Gauge round is a shell loaded with a 40- gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.
• Manufacturer: Defense Technology
• Manufacturer Description: The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law
Enforcement Communities’ number one choice for specialty impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.
iii. Description: DEFENSE TECHNOLOGY 12-GAUGE FERRET LIQUID CS ROUND
• Costs: $6.98 each
• Quantity: 124 [X]
• Capabilities: The 12-Gauge liquid ferret CS round delivers approximately 1.5 grams of active CS agent up to a distance of 100 yards.
• Manufacturer: Defense Technology
• Manufacturer Description: The Ferret® 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying .025 oz. of active agent.
(b) Purpose - To limit the escalation of conflict where lethal force is prohibited or undesirable.
(c) Authorized Use - Situations for the use of less lethal weapon systems may include, but are not limited to:
i. self-destructive, dangerous and/or combative individuals; ii. riot/crowd control and civil unrest incidents;
iii. circumstances where a tactical advantage can be obtained; iv. potentially vicious animals; and/or
v. training exercises or approved demonstrations;
(d) Expected Life Span -
i. Remington 870 less lethal shotgun - 25 years
ii. 12-Gauge Drag Stabilized Bean Bag Round - 5 years
iii. 12-Gauge Ferret Liquid CS Round - 5 years
(e) Fiscal Impact - Annual maintenance is approximately $50 per shotgun. (f) Training - All officers are trained by in-service trainers in the operations of the 12- gauge less lethal shotgun as a less lethal option. SRT personnel receive additional training upon selection to the team. SRT operators who utilize these chemical agent munitions have successfully completed a POST certified chemical agents school and/ or have been trained in-house by POST certified chemical agents instructors.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 308 - Control Devices and Techniques, which is posted on the Department website.
6. Distraction Devices: A device used to distract and disorient dangerous subjects. (a) Description, purchase costs, quantity, capabilities:
i. Description: DEFENSE TECHNOLOGY DISTRACTION DEVICE /FLASH BANG
• Costs: $60
• Quantity: 25 [X]
• Capabilities: A non-bursting, non-fragmenting, multi-bang device that produces a thunderous bang with an intense bright light. • Manufacturer: Defense Technology
• Manufacturer Description: No manufacturer description. (b) Purpose - A distraction device is ideal for distracting dangerous subjects who pose a threat to officers during high-risk arrest situations, room entries, and hostage rescue situations. The device produces atmospheric over-pressure and a brilliant white light that causes short term physiological/psychological sensory deprivation to give officers a tactical advantage. (c) Authorized Use: Diversionary and distraction devices shall only be used:
i. by SRT officers who have completed a POST certified diversionary device school;
ii. during hostage and barricaded subject situations;
iii. in high-risk warrant (search/arrest) services where there may be extreme hazards to officers;
iv. during other high-risk or critical incident situations where the use would enhance officer safety; or
v. during authorized training exercises.
(d) Expected Life Span - Until used.
(e) Fiscal Impact - No annual maintenance.
(f) Training - Prior to use, officers must attend diversionary device training by POST certified instructors.
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 459 - Special Response Team (SRT), which is posted on the Department website.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
7. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have a greater accuracy over a long distance. (a) Description, purchase costs, quantity, capabilities:
i. Description: REMINGTON .308 CALIBER RIFLE MODEL 700
• Costs: $2,000 each
• Quantity: 5 [X]
• Capabilities: Highly accurate rifle that provides greater accuracy and stability and used by officers in an overwatch capacity to protect the community during critical and/or large events. • Manufacturer: Remington
• Manufacturer Description: No manufacturer description ii. Description: SIG SAUER 516 SWAT OPERATOR 11.5".223 CALIBER RIFLE
• Costs: $2,800 each
• Quantity: 8 [X]
• Capabilities: A rifle that fires an intermediate-power .223 cartridge which is more powerful than a standard handgun but less powerful than a standard rifle. As a short-barreled rifle it allows trained SRT officers greater accuracy than a handgun and better control inside structures.
• Manufacturer: Sig Sauer
• Manufacturer Description: The SIG516 is a magazine fed, gas operated, tactical rifle, chambered in 5.56mm x 45 NATO caliber and fires from the closed bolt position. The rifle is available in select fire or semi-automatic only versions. It has four carbine variants: Personal Defense Weapon (PDW), Close Quarters Battle (CQB), Carbine, and Patrol. The operating system is a short stroke pushrod gas system with a four position (three for the PDW variant) adjustable gas valve enabling optimum
function under adverse conditions and when utilizing a
suppressor. The weapon has the same manual of arms as the M-16 family of weapons. All SIG 516 rifles feature a four position (12-3-6 & 9 O’ Clock position) Mil-Spec 1913 rail system for mounting optics and accessories. The weapon features multiple quick detach sling mounting points enabling the use of multiple sling configurations.
iii. Description: COLT AR-15 MODEL A3 .223 CALIBER PATROL RIFLES • Costs: $1,500 each
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
• Quantity: 18 [X]
• Capabilities: The AR-15 rifle is a precision weapon utilized for increased accuracy and stability when addressing threats at greater distances. The AR-15 .223 caliber rifle is the standard rifle equipped in all Barstow Police Department patrol units. • Manufacturer: Colt
• Manufacturer Description: The Colt® AR-15 Tactical Carbine comes equipped with a Magpul MBUS backup sight and is used as a patrol rifle with tactical accuracy by federal, state and local agencies. The AR-15 Tactical Carbine has a 16” heavy barrel with a 1/9 twist which allows for flexibility in ammunition selection.
iv. Description: COLT AR-15 MODEL A2 .223 CALIBER RIFLES • Cost: $1,100 each
• Quantity: 4 [X],
• Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances.
• Manufacturer: Colt
• Manufacturer Description: No manufacturer description. v. Description: COLT AR-15 M16A1 5.56 CALIBER RIFLE
• Costs: Received from the military at no cost
• Quantity: 7 [X]
• Capabilities: This rifle is a precision weapon for accuracy and stability at greater distances. This weapon is currently not in use by BPD.
• Manufacturer: Colt
• Manufacturer Description: Specifications: Barrel Length: 20"; Capacity: 20+1; Caliber: 5.56; Action: Gas Operated Semi-Auto; Safety: Safety Selector
vi. Description: BUSHMASTER AR-15 .223 CALIBER RIFLE
• Costs: $1,100 each
• Quantity: 4 [X]
• Capabilities: The AR-15 rifle is a precision weapon system utilized for increased accuracy and stability when addressing threats at greater distances.
• Manufacturer: Bushmaster
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
• Manufacturer Description: No manufacturer description vii. Description: WINCHESTER RANGER .223 POINTED SOFT POINT 55
GRAIN RIFLE ROUND
• Costs: $608 a case
• Quantity: 9 cases or approximately 8,500 rounds [X]
• Capabilities: This rifle round leaves the muzzle at 3240 feet per second and expands immediately upon hitting its target making it ideal for AR-pattern rifles. This round is used in all Department .223 AR-15 rifles.
• Manufacturer: Winchester
• Manufacturer Description: Pointed Soft Point 55 Grain Rifle round - Winchester Ranger offers a proven lineup of duty and training ammunition products; trusted reliability supporting the law enforcement community for decades.
viii. Description: WINCHESTER MATCH .308 MATCHKING HOLLOW POINT BOAT TAIL 168 GRAIN RIFLE ROUND
• Costs: $398 a case
• Quantity: 200 rounds [X]
• Capabilities: This round leaves the muzzle at 2680 feet per second. This round is ideal for target shooting applications and is used as practice ammunition in the Department .308 rifles. • Manufacturer: Winchester
• Manufacturer Description: The sleek bullet profile, large boattail and small hollow point combine to make Winchester Match one of the most sought-after rounds. The qualities ensure longrange accuracy even in challenging atmospheric conditions.
Available in most tack-driving calibers and bullet sizes, this ammunition defines accuracy.
ix. Description: HORNADY.308 TACTICAL APPLICATION POLICE 168
GRAIN A-MAX RIFLE ROUND
• Costs: $400
• Quantity: 400 rounds [X]
• Capabilities: This round leaves the muzzle at 2676 feet per second. This is a conventional match grade bullet with the performance benefits of a polymer tip. This bullet demonstrates controlled and remarkable soft tissue expansion without over penetration. This round is used as the primary round for duty use in the Department .308 rifles.
• Manufacturer: Hornady
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
• Manufacturer Description: No manufacturer description. x. Description: HORNADY.308 TACTICAL APPLICATION POLICE 165
GRAIN HEAVY BARRIER RIFLE ROUND
• Costs: $30 a box
• Quantity: 40 rounds [X]
• Capabilities: This round leaves the muzzle at 2611 feet per second. This bullet is designed to penetrate heavy barriers. • Manufacturer: Hornady
• Manufacturer Description: not available
(b) Purpose - To be used as a precision weapon to address a threat from a greater distance than can be addressed with a handgun.
(c) Authorized Use - Only officers who have completed POST certified training are authorized to use a rifle.
(d) Expected Life Span -
i. REMINGTON .308 MODEL 700 - 15 years.
ii. SIG SAUER 516 SWAT OPERATOR - 10 years.
iii. COLT AR-15 MODELS M16A1, A2, A3, AND BUSHMASTER.223 - 15 years.
iv. WINCHESTER .223 AND .308 RIFLE ROUNDS AND HORNADY .308 RIFLE ROUNDS - No expiration.
(e) Fiscal Impact - Annual maintenance is approximately $50 for each rifle. (f) Training - Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. All officers must pass a range qualification course for the rifle two times per year.
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 312 - Firearms, which is posted on the Department website.
8. Chemical Agents and Smoke Canisters: Canisters that contain chemical agents or smoke that are released when deployed.
(a) Description, purchase costs, quantity, capabilities:
i. Description: DEFENSE TECHNOLOGY TRIPLE-CHASER
SEPARATING CANISTER, CS #1026
• Costs: $47
• Quantity: 20 [X]
• Capabilities: The Triple-Chaser CS canister consists of three separate canisters compressed together with separating
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
charges between them. When deployed, the canisters separate, landing approximately 20 feet apart from each other. This allows for an increase of area coverage in a short period of time. The canister is hand thrown and holds approximately 92 grams of active agent. It has a burn time of approximately 20-30 seconds. • Manufacturer: Defense Technology
• Manufacturer Description: consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time.
This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
ii. Description: DEFENSE TECHNOLOGY FLAMELESS TRI-CHAMBER CS CANISTER #1032
• Costs: $45
• Quantity: 21 [X]
• Capabilities: The Tri-Chamber flameless grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of a fire. Although the Tri-Chamber grenade can be used in crowd control situations, it is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately 20 grams of agent during a 20-30 second burn time. The purpose of the Tri-Chamber flameless grenade is to minimize risk to all parties through pain compliance, temporary discomfort, and/or incapacitation of violent or dangerous subjects. This grenade provides officers with the option of delivering a pyrotechnic chemical agent device indoors—maximizing the agent’s
effectiveness while minimizing the chance of a fire to the structure.
• Manufacturer: Defense Technology
• Manufacturer Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20- 25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a
pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure.
iii. Description: DEFENSE TECHNOLOGY RIOT CONTROL
CONTINUOUS DISCHARGE CS CANISTER #1082
• Cost: $30
• Quantity: 12 [X]
• Capabilities: The Riot Control CS Grenade has an agent content of 75.6 grams and is specifically designed for outdoor use in crowd control situations. The grenade expels a large agent concentration in a continuous burn for 20-40 seconds, through four gas ports located at the top of the canister. The grenade can be used to route a crowd or conceal officers’ movements. • Manufacturer: Defense Technology
• Manufacturer Description: designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd.
The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds
approximately 2.7 oz. of active agent.
iv. Description: DEFENSE TECHNOLOGY SPEDE-HEAT RIOT CONTROL CS GRENADE #1072
• Cost: $47
• Quantity: 8 [X]
• Capabilities: The Spede-Heat grenade is specifically designed for outdoor use during large crowd control situations. The grenade has a large agent concentration and long discharge time of approximately 20-40 seconds to cover large areas. The CS grenade has an agent content of 81.2 grams.
• Manufacturer: Defense Technology
• Manufacturer Description: a high volume, continuous burn—it Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is
6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.
v. Description: DEFENSE TECHNOLOGY CS FERRET ROUNDS #1162 • Costs: $26
• Quantity: 23 [X]
• Capabilities: The Ferret Rounds are designed to deliver chemical agents in barricade situations. The Ferret Rounds incorporate a frangible projectile that is filled with liquid CS agent. Upon impact, the nose cone ruptures and
instantaneously delivers the agent payload inside the structure.
The Ferret Round is non-burning and has an effective range of 50 yards when launched from the 37mm weapon system.
• Manufacturer: Defense Technology
• Manufacturer Description: a frangible projectile filled with chemical agent. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers the .16 oz. agent payload inside a structure. These munitions are 4.8 in. by 1.5 in. and travel at 650fps within an effective range of 50 yards. (b) Purpose - To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include, but are not limited to:
i. self-destructive, dangerous and/or combative individuals; ii. armed barricaded subjects;
iii. riot/crowd control and violent civil unrest incidents; iv. circumstances where a tactical advantage can be obtained to resolve a critical incident;
v. potentially vicious animals; and/or
vi. training exercises or approved demonstrations.
(c) Authorized Users - Only officers who have received POST certified training in the use of chemical agents are authorized to use chemical agents. (d) Expected Life Span - 5 years from manufacturing date. (e) Fiscal Impact - No annual maintenance.
(f) Training - Officers utilizing chemical agents, canisters, or munitions are certified by POST less lethal and chemical agents instructors. All sworn officers are required to have in-house chemical agents training once a year.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
(g) Legal and Procedural Rules - Use is established by Barstow Police Department Policy 308 - Control Device and Techniques, which is posted on the Department website. It is the policy of the Barstow Police Department to utilize chemical agents for law enforcement purposes only and in accordance with applicable state and federal law—including those laws regarding use of force and critical incident management.
The inventory of certain items of consumable “military equipment” (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, the quantities listed in this procedure reflect approximations of certain consumable items of military equipment at the time of this procedure’s publication. The City Council, by the adoption of the ordinance approving this procedure, hereby approves additional purchases of any item listed in this inventory as needed to meet the Department’s operational needs, to be reported on each year’s annual report.
VI. APPROVAL OF “MILITARY EQUIPMENT” BY GOVERNING BODY
Under Government Code Sections 7070, et seq., as adopted by AB-481, and other applicable law, all “military equipment” acquired and/or in use by the Department shall be approved by the City Council by an ordinance adopting this or a successor “military equipment” use policy (Government Code § 7071). This approval by the City Council must be granted prior to any of the following (Government Code § 7071):
“military equipment”“military equipment”“military equipment”“military equipment” (a) Requesting “military equipment” be made available pursuant to 10 USC § 2576a.
(b) Seeking funds for “military equipment,” including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring “military equipment” either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of “military equipment” within the jurisdiction of this Department. (e) Using any new or existing “military equipment” for a purpose, in a manner, or by a person not previously approved by the City Council. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of “military equipment.”
(g) Acquiring “military equipment” through any means not provided above.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
In seeking approval of the government body for any specified “military equipment,” the Department shall submit a proposed “military equipment use policy” to the City Council and make those documents available on the Department’s website at least 30 days prior to any public hearing concerning the “military equipment” at issue.
VII. ANNUAL “MILITARY EQUIPMENT” REPORT
Upon approval of a “military equipment” policy, the Department shall submit a “military equipment” report to the City Council for each type of “military equipment” approved within one year of approval, and annually thereafter for as long as the “military equipment” is available for use (Government Code § 7072).
The Department shall also make each annual “military equipment” report publicly available on the Department website for as long as the “military equipment” is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of “military equipment” in the Department inventory.
Within 30 days of submitting and publicly releasing the annual “military equipment” report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual “military equipment” report and the Department’s funding, acquisition, or use of “military equipment.”
VIII. “MILITARY EQUIPMENT” COMPLAINTS AND INQUIRIES
In some instances, the application and use of “military equipment” may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of “military equipment” are addressed. The Barstow Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.
IX. “MILITARY EQUIPMENT” COORDINATOR: The Chief of Police will designate the Police Captain, or another appropriate officer, as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as “military equipment” in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council. (c) Conducting an inventory of all “military equipment” at least annually. (d) Collaborating with any allied agency that may use “military equipment” within Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
the jurisdiction of the Barstow Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual “military equipment” report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a community-member to register a complaint, concern, or question about this policy, and a procedure for the Department to respond in a timely manner.
X. USAGE OF “MILITARY EQUIPMENT” WHEN COLLABORATING WITH OTHER LAW
ENFORCEMENT AGENCIES
On occasion, the Department may be required to assist or be assisted by other law enforcement agencies in a formal inter-agency collaboration or support with day-to-day operational collaboration (i.e., critical incidents, pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for interagency collaboration is governed by Barstow Police Department Policy 336 – Inter-Agency Protocol, which is posted on the Department website.
In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize “military equipment” in order to fulfill an assigned mission (i.e. critical incident response, civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). The City Council, as a matter of policy, approves of inter-agency collaboration between the Department and other law enforcement agencies, and of Department use of “military equipment” during these collaborations, when the following apply:
(a) Department members are required to adhere to the Department’s “military equipment” Procedure and all policies and procedures outlined within the Barstow Police Department’s Policy and Procedures Manual, regardless of operational jurisdiction.
(b) Should the Barstow Police Department request mutual aid from another law enforcement agency within the City of Barstow and “military equipment” is required during the course of the response, the following shall apply:
1. The Barstow Police Department shall remain in charge of the overall incident command.
2. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
Barstow Police Department “Military Equipment” Procedure Draft Released March 17, 2022
277365.4
3. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of “military equipment” as be required by applicable law governing each assisting agency.
XI. TESTING AND EVALUATION OF “MILITARY EQUIPMENT” FOR POTENTIAL
FUTURE ACQUISITION
While the Department’s current inventory of “military equipment” is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of “military equipment” in the current catalog, beginning with the tsting and evaluation of potential new or replacement “military equipment.”.
The following limitations shall apply should the Department receive military equipment for the Testing and Evaluation process:
(a) Only similar military equipment within the Department’s current military equipment inventory may be used for Testing and Evaluation provided authorization is received from the Police Chief. Examples include (not all inclusive):
1. AR-15 type weapons platform or similar firearms by a manufacturer other than those approved in current inventory.
2. UAS platforms featuring a different make and/or model other than those approved in current inventory.
3. Diversionary devices or chemical agents featuring a different make and/or model other than those approved in current inventory, etc.
Military equipment that is not similar to the Department’s current military equipment inventory must be approved by the City Council and Police Chief, before acquisition for the Testing and Evaluation process as set forth above. Examples include (not all inclusive):
(a) New “military equipment” technology not currently approved or currently in use by the Department.
(b) Firearms as defined under “military equipment” that operate with a different weapons platform other than what is approved in the current procedure. “Military equipment” items that have been assessed and recommended for final approval after undergoing the Testing and Evaluation process must be approved by the City Council and Police Chief before being formally acquired for Department inventory and operational use.