CHARLOTTE, N.C. – Rob Hunter is Chief of the Matthews Police Department. Under 1033, his tactical team applied for and received six military-issued M16 semiautomatic rifles about ten years ago. The firearms are still in use andΒ necessary, Hunter says, in case of a barricaded suspect, active shooter or high-level warrant service. The M16s are called on a handful of times every year, Hunter says.Β
He says, “My number one goal, responsibility, here as a police chief is number one, to keep the people in the community safe, but also to make sure our officers are safe and that they go home at the end of their shift.”
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The Gastonia Police Department tells WCCB it’s received five grenade launchers, a Humvee, an armored rescue truck, an armored personnel carrier, a utility truck, 30 helmets, and dozens of military rifles. Captain James Smith says, while showing us an M16 rifle, “It’s one that we train with, but we haven’t used it for anything other than just training.” WCCB News @ Ten anchor Morgan Fogarty asked, “What do you train with something like that for, and people, I’m sure would say, if you just train with it, but don’t actually use it, why do you have it?” Smith says, “We have it just in case we ever need it.”Β
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Smith says he supports a federal review of the 1033 program and others like it. Β He says, “We need to look and make sure that they’re being used the way they’re intended to be used for.”
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President Obama called for that review in August in the wake of the Michael Brown shooting. Some federal programs currently require local agencies to continually prove they need the equipment by using it.Β Hunter says, “It sometimes may prod agencies to use it in times or situations that aren’t appropriate.”Β
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“There was an incident I read about here in North Carolina where a SWAT team was used to break up a disturbance at a Waffle House,” says Mike Meno with the ACLU of North Carolina.
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WCCB went to Raleigh to interview Meno. He says the use of military equipment by law enforcement is increasingly seeping into every day policing–not barricaded suspects, active shooters or high level warrant service. “What our report found is that nationally, only about 7 percent of SWAT deployments were for that type of activity. And in fact 80 percent were for low level drug arrests.”Β
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WCCB asked more than a dozen local law enforcement agencies to tell us, like Chief Hunter and Captain Smith did, what type of equipment they’ve received under 1033 and why they need it. The vast majority answered our questions. Β The Rowan County Sheriff’s Office tells WCCB it has received 18 M16 rifles, 3 M79 grenade launchers, and one M21 sniper rifle. A spokesman said in part, they “…would opt not to provide an interview on this subject in an effort to prevent wrongdoers the chance to know our capabilities…”
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WCCB confirmed the Union County Sheriff’s Office received two grenade launchers and an armored truck under 1033. A county spokesperson told us, “The equipment is not in use, and no one is available to do an interview.”
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Right now, no law enforcement agency anywhere in North Carolina is receiving equipment from 1033. The Defense Logistics Agency tells WCCB the feds suspended North Carolina from the program for failure to comply. The date of suspension is unclear. The feds first told WCCB March 6, 2014. The state told WCCB January 2014. When asked for clarification, the state then said March 3rd.
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As for why North Carolina was suspended. a spokeswoman with the NC Department of Public Safety tells WCCB in part, the suspension is “…due to the required 100 percent inventory reporting requirement for all participating LEAs not being met.”
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We asked if that meant any weapons or vehicles North Carolina law enforcement agencies had received under 1033 were lost or stolen or sold. After seven days, and two follow up emails, the spokeswoman could only told us she would reply to our question when she was able.
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Meno says, “Law enforcement’s job is to serve and protect us and they do so through our tax dollars and the public has a right to know what training is being used, what weapons are being used, and what policies are guiding these decisions.”Β
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The state spokeswoman was able to tell WCCB that North Carolina’s suspension from 1033 remains in effect until the end of 2014. She says it’s expected the state will be re-certified after an audit and will continue to get the equipment.Β