Sunnyvale DPS Policy Manual
Law Enforcement Policy
Published with permission by Sunnyvale DPS
Copyright Lexipol, LLC 2026/05/07, All Rights Reserved. 705
Policy
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
705.2 POLICY
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • 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. • 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. This does not include a handheld, one-person ram.
• 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 weapons.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Military Equipment - 1
Attachment 2
Sunnyvale DPS Policy Manual
Law Enforcement Policy
Published with permission by Sunnyvale DPS
Copyright Lexipol, LLC 2026/05/07, All Rights Reserved.
Military Equipment
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It is the policy of the City of Sunnyvale Department of Public Safety that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
Acting as liaison to the governing body for matters related to the requirements of this policy.
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 governing body.
Conducting an inventory of all military equipment at least annually.
Collaborating with any allied agency that may use military equipment within the jurisdiction of City of Sunnyvale Department of Public Safety (Government Code § 7071).
Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
Publicizing the details of the meeting.
Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
Preparing the annual military equipment report for submission to the Chief and ensuring that the report is made available on the department website (Government Code § 7072).
Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
Sunnyvale DPS AB 481 Military Equipment List (2022)
705.5 APPROVAL
The Chief or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Requesting military equipment made available pursuant to 10 USC § 2576a.
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.
Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department.
Military Equipment - 2
Attachment 2
Sunnyvale DPS Policy Manual
Law Enforcement Policy
Published with permission by Sunnyvale DPS
Copyright Lexipol, LLC 2026/05/07, All Rights Reserved.
Military Equipment
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Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
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.
Acquiring military equipment through any means not provided above.
Using military equipment and/or collaborating with another law enforcement agency in the deployment or use of their military equipment not authorized by this policy which may be justified in the event of exigent circumstances. The Chief will provide justification to the governing body within 30 days after the incident.
Using military equipment and/or collaborating with another law enforcement agency in the deployment or use of additional quantities of similar authorized military equipment for pre-planned events. The Chief will provide justification to the governing body within 30 days after the deployment. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 30% of stock in a calendar year without city council approval to maintain essential availability for the Department's needs.
705.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief or the authorized designee should submit a military equipment report to the governing body 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 Chief or the authorized designee should 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 department inventory.
705.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Military Equipment - 3
Attachment 2