What's happening
This bill prohibits New York state and local law enforcement agencies from acquiring military weapons, gear, or machinery from the U.S. government.
Why it matters
Limits police militarization. By prohibiting local and state law enforcement from acquiring military-grade weapons and equipment, the bill aims to reduce the presence of military-style force in civilian policing, potentially addressing concerns about excessive use of force and community trust.
Narrows emergency response options. Law enforcement agencies may have fewer resources or specialized equipment to respond to extreme situations (such as terrorist attacks or mass shootings), as they can no longer obtain certain military equipment through federal surplus programs.
Shifts budget priorities. Police departments would need to rely on standard law enforcement tools and may face new costs if they previously depended on free or discounted military gear, possibly impacting local budgets and procurement decisions.
Signals state policy values. The legislation sends a clear political message that New York prioritizes demilitarizing police forces, which could influence public debate, police-community relations, and similar efforts in other states.
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Who cares
Headline styles
Ban Police Military Equipment
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8574
IN SENATE
June 16, 2020
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, the county law, the town law and chapter 360 of the laws of 1911 relating to police in certain municipalities, in relation to prohibit the transfer, acceptance, or purchase of military weapons or machinery from the United States government
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 212 of the executive law, as amended by chapter 83 of the laws of 1995, is amended to read as follows:
§ 212. Equipment. The superintendent is authorized on behalf of the state to purchase, lease or lease-purchase, within the amounts appropriated therefor, necessary equipment and supplies, including but not limited to, vehicles and aircraft subject to the approval of the director of the budget, and uniforms; when any state property shall become unfit for use it shall be disposed of in accordance with the provisions of the finance law. The superintendent, or his or her deputies, shall not authorize the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
§ 2. Section 656 of the county law is amended to read as follows:
§ 656. Emergency equipment and apparatus. If, in the protection of human life and property, the sheriff shall deem it necessary to hire any equipment or apparatus together with the operator thereof, he may hire the same during the period of an emergency or catastrophe at a reasonable charge therefor. The same shall be audited and paid as a county charge in the manner prescribed by the board of supervisors, and in the discretion of such board, there may be a direction that the further hiring and payment be approved by the chairman of the board or of a designated committee of such board. The sheriff, or his or her deputies, shall not authorize the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
§ 3. Subdivision 1 of section 150 of the town law, as amended by chapter 476 of the laws of 2018, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16594-01-0
S. 8574 2
1. The town board of any town may establish a police department and appoint a chief of police and such officers as may be needed and fix their compensation. The compensation of such police officers shall be a town charge; providing however, no assessment on property in any village within any town or partially within any town shall be made for the maintenance or operation of a town police department established after January first, nineteen hundred sixty, pursuant to this section if any such village maintains a police department of four or more police officers on an annual full-time basis, established and maintained under the rules of civil service. The town board may, at its option, determine that the town shall pay all or part of the cost of the uniforms and necessary equipment of its police officers, and may purchase such equipment for use by the police department as it shall deem necessary, including police patrol vehicles, and emergency service vehicles for police use in connection with accidents, public calamities or other emergencies. The town board or local police department shall not authorize the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government. No assessment on property in any village within any town in the county of Suffolk or in any village within the town of Fallsburgh shall be made for the maintenance or operation of such town police department, if any such village maintains a police department of two or more police officers on an annual basis. In the event that a town has established a police department prior to January first, nineteen hundred sixty, the town board of such town may enter into an agreement with any village within it or partially within it which maintains a police department of four or more police officers on an annual full-time basis, established and maintained under the rules of civil service and determine therein what part of the cost thereof shall be assessed against the property in the village and what part thereof shall be assessed against the property in the town outside of the village. Thereafter such portion of the cost thereof determined to be assessed outside of the village shall be a charge against that part of the town outside of the village and assessed, levied and collected from the taxable property of that part of the town outside of the village. When appointed, such police officers shall have all the powers and be subject to all the duties and liabilities of a police officer in all criminal actions and proceedings and special proceedings of a criminal nature.
§ 4. Chapter 360 of the laws of 1911 relating to police in certain municipalities is amended by adding a new section 4-a to read as follows:
§ 4-a. Any commissioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the police force is authorized to purchase, lease or leasepurchase, necessary equipment of his or her police officers, and may purchase such equipment for use by the police department as he or she shall deem necessary, including police patrol vehicles, and emergency service vehicles for police use in connection with accidents, public calamities or other emergencies. The commissioner of police, superintendent of police, chief of police, or other officer or officers, having the management, control or direction of the police force shall not authorize the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, the county law, the town law and chapter 360 of the laws of 1911 relating to police in certain munici- palities, in relation to prohibit the transfer, acceptance, or purchase of military weapons or machinery from the United States government
Purpose or general idea of bill
The act amends several sections of law to prevent the authorization of any transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
Summary of provisions
Section 1: The Executive Law is amended to prevent the Superintendent of State Police, or his or her deputies, from authorizing the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
Section 2: The County Law is amended to prevent the sheriff, or his or her deputies from authorizing the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States government.
Section 3: The town law is amended to prevent any town board or local police department from authorizing the transfer, acceptance, or purchase of military weapons, gear, or machinery from the United States govern- ment.
Section 4: The unconsolidated law is amended to prevent any law enforce- ment agency not governed by other sections of law from authorizing the transfer, acceptance, or purchase of military weapons, gear, or machin- ery from the United States government.
Section 5: This act shall take effect immediately.
Justification
The United States Department of Defense 1033 program allows for the transfer of excess military equipment to local law enforcement agencies. The program has provided local law enforcement with equipment such as copy machines, chairs, and computers. This has saved localities and police departments money through being able to accept these donations. The 1033 program has also led to the donation of military-grade tactical equipment and vehicles to local precincts.
This has contributed to the over-militarization of local police depart- ments. According to a 2014 report, law enforcement in New York has accepted items such as tactical rifles, mine resistant vehicles, and small tanks. This legislation would begin to address the over-militari- zation of local police departments by preventing the purchase, or acceptance of any military weapons or machinery by State, County, and local police departments.
Legislative history
New Bill
Fiscal implications for state and local governments
To be decided
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.