Effective January 1, 2022, California Assembly Bill 481 added Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code.  These provisions require law enforcement agencies to obtain the approval of their respective governing bodies, by adoption of a military equipment use policy (via ordinance), prior to use of any equipment defined by the Government Code as “military equipment.”

On June 14, 2022, the Council adopted Ordinance No. 2935 approving the Department’s initial Military Equipment Use Policy. On October 24, 2023, the Department provided Council with an annual Military Equipment Use report and a proposed revised Military Equipment Use Policy. On November 14, 2023, Council approved Ordinance No. 2944, which approved Department Policy 706.

In adopting Ordinance No. 2944, the City Council, in part, approved the Department’s continued use of Sig Sauer MCX rifles. The Sig Sauer MCX rifles are used by the GGPD SWAT team. The Department has encountered various issues related to the design and capabilities of the Sig Sauer MCX rifles. The most significant challenges are related to their weight, length, gas blowback, and limitations in training use. As a result, the Department wishes to acquire new rifles which align better with the Department’s mission profile and tactics compared to the current Sig Sauer MCX platform. Throughout the research and testing phase, the Department’s objective has been to make a transition without incurring any out-of-pocket expenses. After careful evaluation, the Department has concluded that the Geissele Super Duty AR-15 is the most suitable choice for the Department’s needs, offering the best fit at an affordable price point. The acquisition of the new Geissele Super Duty AR-15 will eliminate the issues encountered with respect to the Sig Sauer MCX rifles, enhancing the team's operational effectiveness.

Before the Department acquires any new “military equipment,” it must first obtain approval from Council. Because acquisition of the Geissele Super Duty AR-15 rifles would occur prior to the City Council’s required annual “re-approval” of the Department’s Military Equipment Use Policy, the Department must obtain City Council authorization to replace the rifles currently in use with their proposed replacements.

At its meeting of February 13, 2024, the City Council approved the proposed revised Military Use Policy and authorized the Department to proceed with the replacement of the rifles.

Government Code section 7071(a)(1) provides that prior to acquiring any military equipment (as that term is defined by Government Code section 7070), the Department must obtain Council approval, via adoption of an ordinance, of a military equipment use policy. The process defined by section 7071 requires the Department to submit a proposed military equipment use policy to the City Council and to post that policy on the Department’s website for a period of at least 30 days prior to any public hearing by the City Council regarding the policy. Government Code section 7071(c) requires the City Council to consider any proposed military equipment use policy as an agenda item for an open session of a regular meeting and to provide for public comment regarding the policy. The same process applies to annual re-approval of the Department’s Military Use policy, as well as to any interim changes to the policy.

The revised policy that was presented by the Department and attached to this report is substantively identical to Policy 706 which was approved by Council on November 14, 2023, with its adoption of Ordinance No. 2944. The only change proposed is the removal of the Sig Sauer MCX rifles, and addition of Geissele Super Duty AR-15 rifles for use by the GGPD SWAT team.

With respect to the acquisition of the rifles themselves, there will be minimal cost to the City. ProForce, a current vendor utilized by the Department, has agreed to purchase the old Sig Sauer MCX rifles along with additional non utilized SWAT gear, in return for the Geissele Super Duty AR-15.

It is recommended that the City Council:

• Introduce the ordinance amending the Garden Grove Police Department Military Equipment Use Policy; and

• Authorize the Finance Director to issue a purchase order for 22 Geissele Super Duty AR-015 rifles and exchange of the existing Sig Sauer MCX rifles and additional non-utilized SWAT gear.