The ACLU-NJ celebrated a groundbreaking victory for New Jersey with the signing of a new law that adds oversight to local law enforcement agencies’ acquisition of surplus military equipment. When New Jersey Governor Chris Christie signed S2364, sponsored by Senator Nia Gill and Assemblyman Gordon Johnson, into law on March 16, New Jersey became the first state to require approval from local legislative bodies before municipalities and counties can obtain military equipment through the Department of Defense’s “1033 program.”
"This victory represents a critical step forward for accountability and transparency in our towns and cities,” said ACLU-NJ Public Policy Director Ari Rosmarin. “For the first time ever, New Jerseyans will have a say in the decisions to acquire military weaponry being made in their name. While war winds down overseas, we must ensure that the flow of millions of dollars’ worth of surplus military weapons and equipment does not turn our communities into battlefields.”
Under the new law, local governing bodies will have to approve these acquisitions before towns can receive them. In recent decades, New Jersey law enforcement agencies have acquired nearly $33 million’s worth of military equipment, including armored vehicles, grenade launchers, and assault rifles, among other inventory.
In July 2014, Bergen County came under fire for seeking two mine-resistant ambush-protected vehicles, and the ACLU-NJ mobilized Bergen County activists against the move. Ultimately, the Bergen County Sheriff’s Department withdrew the request.
In addition to signing S2364, Governor Christie conditionally vetoed S2365, a companion bill that would have given the New Jersey Office of the Attorney General additional oversight over the transfer of military equipment from the federal government to New Jersey counties and towns.
“The increasing militarization of police departments is a civil rights and liberties problem across the United States,” Rosmarin added. “We are proud that New Jersey is the first state in the nation to enact a law of this kind calling on local elected officials and community members to curb the growing militarization of local cops. The Governor’s decision to veto S2365, however, was a disappointment. Boosting transparency and establishing robust state-level oversight remain priorities and we look forward to working with legislative leaders and the administration to find a path forward toward accountability."
The ACLU has identified significant civil rights and civil liberties threats from the militarization of local police departments, as documented in the report “War Comes Home: The Excessive Militarization of American Policing.” It found that nearly 80 percent of SWAT team deployments were for executing search warrants, and it reported on racial disparities in SWAT raids. Other states, including Massachusetts, are currently considering similar legislation adding oversight to local jurisdictions’ acquisition of military equipment.