New York Legislators Once Again Trying To Curb Law Enforcement Access To Military Gear

For years, law enforcement agencies converted themselves into quasi-military agencies with the assistance of the Defense Department. Whatever the military no longer needed, cops could have for cheap or free, as long as they remembered to say things about national security" when filling out their 1033 program requisitions.

Unsurprisingly, the acquisition of warrior gear (camouflage uniforms, assault rifles, mine resistant vehicles) made cops feel more like warriors, rather than protectors. Violence increased as cops began to look less and less like cops. Ever since law enforcement rolled into anti-police violence protests following the killing of Michael Brown looking for all the world like an occupying force, the 1033 program has faced increased scrutiny.

But scrutiny does not always result in action. Lasting reform of the program hasn't really happened. Presidential administrations have enacted changes just to see them rolled back by the next guy in the Big Chair. State and local level efforts have stayed in place long enough to avoid generating headlines, but once the news cycle moves on, it's back to business as usual.

This somewhat depressing introduction leads up to the latest effort by lawmakers to curb abuse of this easily abused program. As the Tenth Amendment Center reports, New York legislators are hoping to achieve what so many before them have failed to accomplish.

Sen. Nathalia Fernandez (D) introduced Senate Bill 3527 (S3527) on Jan. 31. The bill would prohibit New York state and local law enforcement agencies from receiving or purchasing certain property from a military equipment surplus program operated by the federal government. These items include;

• Drones that are armored, weaponized, or both
• Aircraft that are combat configured or combat coded
• grenades or similar explosives and grenade launchers
• silencers
• militarized armored vehicles
• camouflaged uniforms
• bayonets
• riot gear
• firearms or ammunition
• explosives or pyrotechnics
• chemical incapacitants

The proposed laws would also require law enforcement agencies to publish a notice on their publicly accessible website within 14 days of requesting allowable military equipment from a federal program.

This is a pretty solid proposal. It doesn't just hit the expected targets: grenade launchers, armored vehicles, things the military would never sell to cops, like weaponized aircraft and drones. It also forbids the acquisition of military uniforms, something cops just love to wear when performing daily work like warrant service. That will force more of that state's cops to dress like cops, making them at least bear some resemblance to the public servants they are, rather than special forces operatives they perceive themselves as.

The other benefit of passing this bill? The portion of the US population that doesn't reside in the state of New York will no longer be asked to foot the bill for arming and outfitting New York law enforcement officers. This removes the federal hookup, keeping spending local. And there's been quite a bit of it. According to information obtained by the Marshall Project, New York agencies have acquired at least $26 million in military surplus since the program's inception.

Expect New York agencies and (especially) their union reps to start getting angrier about this the further it moves forward in the legislation. If there's anything cops don't like, it's being told they can't have things by elected leaders who actually make the occasional effort to respect the will of the people.