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BPD begins public process of adopting required Military Equipment Use Policy

BART has begun the process of meeting the requirements of Assembly Bill  481 which requires each law enforcement agency's governing body to adopt a written Military Equipment Use Policy by ordinance in a public forum in order to continue the use of previously acquired Military Equipment and commence this process by May 1, 2022. Read the full text of AB 481.

View BPD's 2022 Draft Military Equipment Use Policy (Lexipol Policy 711) and Military Equipment Inventory (updated version posted July 2022).

All documents related to the Military Equipment Use Policy will be posted at: https://www.bart.gov/about/police/reports/equipment 

Upcoming Public Meeting:
BART Board of Directors Meeting    
5:00 p.m., Thursday, May 26, 2022
The agenda will be posted here.

AB 481 Definition of Military Equipment

The Assembly Bill has designated the following 15 categories of items as military equipment:

  • Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1).
  • Mine-resistant ambush-protected vehicles or armored personnel carriers (Category 2).
  • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached (Category 3).
  • Tracked armored vehicles that provide ballistic protection to their occupants (Category 4).
  • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units (Category 5).
  • Weaponized aircraft, vessels, or vehicles of any kind (Category 6).
  • Battering rams, slugs, and breaching apparatuses that are explosive in nature (Category 7).
  • Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition (Category 8).
  • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons (Category 9).
  • Any firearm or firearm accessory that is designed to launch explosive projectiles (Category 10).
  • Noise-flash diversionary devices and explosive breaching tools (Category 11).
  • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray (Category 12).
  • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (Category 13).
  • Kinetic energy weapons and munitions (Category 14).
  • Any other equipment as determined by a governing body or a state agency to require additional oversight (Category 15).

Requirements of AB 481

AB 481 requires:

  • The BART Board of Directors must adopt a written Military Equipment Use Policy by ordinance in a public forum in order to continue the use of previously acquired Military Equipment and commence this process by May 1, 2022.
  • Establishing a concern or complaint process about the use of each specific type of Specialized or Military Equipment in the policy outlined below. 
  • Prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of BART PD Lexipol Policy 711, the cost of such use and other similar information. The first Annual Report will be distributed on or around May 2023.
  • Providing public input opportunities and posting documents 30-days prior to public meetings.

Submit concerns, complaints, or questions

BPD Internal Affairs:

Email: [email protected]
Call: (510) 464-7029
Mail sent to:

Bay Area Rapid Transit Police Department
Attn: Office of Internal Affairs
101 8th Street
Oakland CA 94607

Office of the Indpendent Police Auditor (OIPA)

Email: [email protected]
Call: (510) 874-7477
Mail sent to:
BART Independent Police Auditor 
Attn: BART Office of the Independent Police Auditor
2150 Webster Street, 4th Floor
Oakland, CA 94612

Specialized Military Equipment Coordinator

Email: [email protected]
Call: (510) 912-5976
Mail sent to:
Bay Area Rapid Transit Police Department
Attn: Specialized or Military Equipment Use Coordinator, 
Sgt. B. Lucas #S33
101 8th Street
Oakland CA 94607

Additional BPD contact information is available here.