Trump Signed E.O., “Restoring State, Tribal, and Local Law Enforcement’s Access to Life-Saving Equipment and Resources”

This brief E.O. revokes the Obama-era E.O. that restricted the use of surplus military equipment by local law enforcement agencies.

Section 1 of this executive order revokes Executive Order 13688 issued on January 16, 2015 by then-President Obama. This order, entitled “Federal Support for Law Enforcement Equipment Acquisition,” created a working group to identify how surplus military equipment flowed to local law enforcement agencies, and it created a list of equipment that should be prohibited or restricted, including armored tanks, certain caliber ammunition, and bayonets.

However, at Slate, Leon Nayfakh argues that while Executive Order 13688 had a blanket ban on a select few types of prohibited items, the restricted items were still readily obtainable if the law enforcement agency was prepared to incorporate its use into community policing practices. In fact, “law enforcement agencies could already acquire whatever military equipment they want, so long as they committed to certain best practices, maintained consistent policies about when the equipment could be deployed, and could demonstrate that the officers who would be using the equipment were properly trained.” Now, police need not prove that they have safe practices in place before receiving the restricted equipment – or even prohibited equipment.

Section 2 revokes all agency recommendations that were issued pursuant to Executive Order 13688, and directs the agencies to take the necessary steps to rescind guidelines and rules made.

Section 1.  Revocation of Executive Order 13688.  Executive Order 13688 of January 16, 2015 (Federal Support for Local Law Enforcement Equipment Acquisition), is hereby revoked.

Sec. 2.  Revocation of Recommendations Issued Pursuant to Executive Order 13688.  The recommendations issued pursuant to Executive Order 13688 do not reflect the policy of the executive branch.  All executive departments and agencies are directed, as of the date of this order and consistent with Federal law, to cease implementing those recommendations and, if necessary, to take prompt action to rescind any rules, regulations, guidelines, or policies implementing them.

Author: Amanda L. Hass

Amanda L. Hass graduated magna cum laude from Loyola University of New Orleans, College of Law, earning a Juris Doctor and Certificate in Social Justice. She was a member of the Loyola Law Review and a William L. Crowe Scholar. From 2016 to 2017, Ms. Hass was an extern for Senior Judge Ivan L.R. Lemelle of the Eastern District of Louisiana and a student practitioner in the Workplace Justice Clinic.