Trump lifts restrictions on military surplus

Published 8:15 am Thursday, August 31, 2017

BOSTON — President Donald Trump has lifted a ban on the transfer of grenade launchers, armored vehicles and other military surplus to local police departments, raising new concerns by civil liberties groups about a militarization of law enforcement.

Trump signed an executive order Monday restoring the military program, called 1033, which was curtailed two years ago by his predecessor, Barack Obama.

The directive will allow the transfer of military-grade vehicles and weapons, including bayonets, battering rams, riot helmets and shields to police departments that request them through the federal Defense Logistics Agency, which oversees the program.

Obama imposed restrictions on the program in 2015 in response to the use of military equipment by police during the racially charged riots in Ferguson, Miss., which followed the shooting death of 18-year-old Michael Brown by a white officer a year before.

Attorney General Jeff Sessions told a meeting of the national Fraternal Order of Police in Nashville, Tenn. on Monday that Obama “went too far” with the restrictions.

Trump’s executive order will “ensure that you can get the lifesaving gear that you need to do your job and send a strong message that we will not allow criminal activity, violence and lawlessness to become the new normal,” Sessions told the group.

Civil liberty groups blasted Trump’s order as a further militarization of local police, arguing that the equipment encourages violent confrontations with officers.

“This won’t improve public safety in our country,” said Kade Crockford, director of American Civil Liberties Union of Massachusetts’ Technology for Liberty program. “It’s a chilling political message to his base that he’s more concerned about order than law.”

Law enforcement officials defend the federal program, saying that it is a way to acquire equipment for use in dangerous situations without straining tight budgets.

“It’s very helpful for a lot of police departments, many of which haven’t recovered from the economic recession,” said Mark Leahy, executive director of the Massachusetts Association of Police Chiefs. “This program saves cities and towns a lot of money.”

Most police departments wouldn’t be able to afford equipment like night-vision goggles, Kevlar bullet-proof vests, assault rifles or helmets, he said.   

Still, he doubts there will be a lot of interest among the state’s police agencies for high-powered weapons and other armaments that will be made available by Trump’s executive order.

“I don’t think we’ll see tanks rolling down the streets of Massachusetts,” Leahy said. “There’s just no demand here for some of this stuff.”

Under Obama’s directive, several Massachusetts cities and towns were forced to return items covered under the ban, including vehicles, grenade launchers and bayonets. 

Clinton police, for example, were forced to return 27 bayonets transferred through the program. West Springfield police gave back two rocket launchers they received. 

Nationally, a total of 126 tracked armored vehicles, 138 grenade launchers, and 1,223 bayonets were recalled and returned to depots around the country, officials said.

The federal program was created by Congress’ in the early 1990s and since then has transferred billions of dollars in equipment to police departments nationwide. 

Following the Sept. 11 attacks, the program increased in popularity as law enforcement agencies sought federal help with anti-drug trafficking and counterterrorism initiatives. 

Weapons and tactical vehicles account for a small percentage of all equipment provided through the program, which also includes office equipment, computers and clothing.

“These items have already been paid for by taxpayer dollars,” Defense Logistics spokeswoman Michelle McCaskill said. “So if these departments can get some use out of this equipment and not have to use additional tax dollars, it’s a win-win situation.” 

The weapons and other equipment are free of charge to law enforcement agencies that request it, but they must pay for shipping and maintenance costs. They can’t sell the items, and must return them to the federal government if they no longer need them, she said. 

A separate federal program, overseen by the U.S. Department of Defense and Forestry Service, has outfitted fire departments across Massachusetts with surplus military trucks, tankers and generators.

Massachusetts cities and towns have received millions of dollars worth of military equipment over the years.

Lawrence police picked up an armored vehicle in 2012, which was valued at $65,070, along with nearly two dozen M4 carbine rifles, according to federal data.

Chief James Fitzpatrick said the program is helpful, but doesn’t come without a cost. 

For one, the armored vehicles made available through program are clunky, old and have big maintenance needs, he said, and often need to be retrofitted.

“It’s not something that we put on the road every day,” he said. “They don’t run well and cost a lot to fix.”

“Honestly, I think the only time I’ve seen it out there is for parades,” Fitzpatrick said.

Additionally, the rifles they get through the federal program have to be converted from fully automatic to semi-automatic, which can cost a few hundred dollars each.

“It saves us a few bucks,” he said. “We could probably use a few more of the rifles.” 

Haverhill received a “mine-resistant vehicle” through the program three years ago, valued at $658,000, as well as several military-style rifles several years before.

Gloucester picked up eight pairs of night vision goggles, valued at $6,000 each, along with three army utility trucks and other military surplus and clothing and equipment. 

Several states have enacted laws restricting police departments from getting military surplus. Those state laws will remain in effect even as Trump eases the restrictions.

On Beacon Hill, state lawmakers are considering several bills that seek to restrict the transfer of military-style weapons and surplus equipment to local law enforcement.

One proposal, filed by Rep. Denise Provost, D-Somerville, would require police to get formal approval from a city council or board of selectmen to accept the items.

“We need to have a public conversation about the militarization of local police departments,” she said. “The public and elected officials need to have a say.”

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhi.com.