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Despite bringing a proposed military equipment use policy before the Crescent City Council on Monday, Police Chief Richard Griffin said his department does not have any equipment purchased or borrowed from the military.

In fact, Griffin said, he got rid of the military equipment the city did have through the 1033 Program, the federal program that transfers excess military equipment to non-military law enforcement agencies.

“I sent those rifles back,” he told City Councilors on Monday. “They were collecting dust in our armory; there was no need for them.”

Under California Assembly Bill 481, the Crescent City Police Department must obtain approval from the City Council before paying for, acquiring or using military equipment, according to City Attorney Martha Rice. The phrase “military equipment” doesn’t mean that equipment was purchased through the military.

Under AB 481, military equipment includes unmanned aerial and ground vehicles, armored vehicles, less lethal shotguns, pepper balls, less lethal 40 mm projectile launchers, long-range acoustic devices and flash bangs as well as “anything a lay person would consider military equipment,” Rice said.

The military use policy must list each item as well as its capabilities, lifespan and manufacturer product descriptions. The policy must also include a description of what each item would be used for as well as the cost of obtaining and maintaining it, Rice said.

“The policy must also detail mechanisms to ensure compliance with the policy and provide procedures for members of the public to register complaints or submit questions or concerns,” she said. “In addition, after adoption, the police department must annually report to the community and the City Council on its use of military equipment in the previous calendar year.”

Under AB 481, CCPD’s military equipment use policy must be posted on its website for 30 days and any time it wants to add to its list of items that would fall under that policy, he would need to hold a public hearing.

“If anyone has any problems or issues with it, that’s their time to say, ‘OK, do you really need this?’” Griffin told the Wild Rivers Outpost. “What it is not is we are not getting any MRAPs. We’re not getting all this military equipment. I actually sent back the military equipment we had. We had some old M16s from, I believe, the 80s. They were all sent back through the 1033 program.”

Under AB 481, military equipment falls under 15 categories. It doesn’t apply to CCPD until you get to Category 9, “”specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons.”

This category includes the four Colt AR-15s CCPD patrol staff use. While he didn’t define those rifles as outdated, Griffin said he’s hoping to replace those Colt AR-15s with six new Daniel Defense AR-15. He said he carries a Daniel Defense AR-15 and is something he would use if his wife or children are held hostage.

“It’s what I use so that’s what I’d like to buy for the officers to use,” he told the City Council

“Because my rifle qualifies as an assault weapon — it’s registered as such in the State of California — it qualifies to be in this category, therefore we have to list it,” he said. “We do have an individual officer program where they can purchase rifles through the city and utilize them on duty.”

To be able to purchase their own assault rifle for use while on duty, a police officer must go through a 16-hour training course under the Peace Officer Standards and Training program under state law, Griffin told the Wild Rivers Outpost. This course is not covered through the regular POST Academy, he said.

Griffin said every one of his officers has been through that rifle training course.

“You want the best equipment you can get when it’s needed,” he said. “We don’t ever want to use them, but if that time arises, I believe that’s what the public wants, is to have the best tool available.”

Griffin went down the list of items that could be considered military equipment.

Those included pepper ball launchers — Griffin said he’d like to purchase an additional launcher so each patrol vehicle would have one. He also mentioned a 40 mm projectile launcher, but said because he doesn’t have anyone certified to use it, his department wouldn’t deploy it.

Griffin said he’s also hoping to replace less lethal shotguns and the munitions that go with them.

One thing CCPD’s military-use policy wouldn’t be used for is to purchase a mine resistant ambush protected vehicle, or MRAP, Griffin said.

“I’m not even sure an MRAP would be able to be driven on city streets based on their structure because of the weight and issues we have around here as far as mud,” he said.

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