Police Weapons (Boston Police Department)

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

• Any lists, databases, and inventory rosters containing weapons used by officers (i.e., firearms, tasers, batons, etc.).

If no such records exist than I request the alternative records:
• All records pertaining to the weapons that may be carried by officers as determined by the chief of police, or the board, or officer having control of the police under the authority granted in M.G.L. ch.41, §98
• All records pertaining to the most recent audit of firearms owned by the department

There is an active public debate on the utility of firearms to provide safety and protection. This debate involves elected officials such as Boston Mayor Marty Walsh who is on record stating there is no need for Boston police officers to have long guns. A list of weapons that are currently owned, duly authorized, and safely stored by the state police is of great interest to the public in providing greater context for this public discourse.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

David Brown

Supervisor of Records,

In response to a public records request for
(1) Any lists, databases, and inventory rosters containing weapons used by officers (i.e., firearms, tasers, batons, etc.)
(2) All records pertaining to the weapons that may be carried by officers as determined by the chief of police, or the board, or officer having control of the police under the authority granted in M.G.L. ch.41, §98
(3) All records pertaining to the most recent audit of firearms owned by the department
the Boston Police Department has asserted that these records are exempt from public release under the exemptions listed in "MGL c. 4 s. 7(26)(f) and (n). Disclosure of this information would not be in the public interest and would prejudice the possibility of effective law enforcement." I believe the release of these records is in the public interest and that they do not fall under any exemption and so I appeal the matter to your authority under Massachusetts law.

In regards to exemption (f) the firearms carried by Boston police officers are neither investigatory materials nor compiled out of the public view. It is ridiculous to claim weapons carried in public would fall under either classification.

In regards to exemption (n) - the law goes to great lengths to reference specific preparations. Indeed, of course it would jeopardize public safety to release the security plans, as examples, for any specific event, for bank security, or for the police armory. These are necessarily excluded while they are active as their disclosure allows their weaknesses to be evaluated and exploited. But to apply this exemption - in the interest of public safety - to such general preparations of a police department as the weapons officers carry is not in the spirit of the public records law. Unlike a specific preparation such a general preparation will never expire from active use and become available. Furthermore if the weapons are carried by officers in their duties they are a public act, they are visible to the public. If one had unlimited time they could compile their own list simply through their own observations. The public records law is intended to prevent that need of the citizens to watch so closely the public acts of officials in order to ensure the best interests of the people are being taken care of. The weapons are carried to provide safety and security not just to the officers, but also to the whole community. The community has a right to know what weapons are being used to provide that. The disclosure of merely the weapon types that may be carried does not endanger public safety in the way that the knowing the current location, the deployment plan, or other tactical specifics would.

The issue of what weapons are carried and used by the Boston police department is of great public interest. In August the Boston Herald reported on an undated letter from the Police Union that "demanded that Boston police officers be allowed to carry long guns, wear heavy armor ballistic plates in their vests, and carry extra loaded magazines." (Boston Herald. August 5, 2016. "Mayor Walsh: ‘No need for long guns’ for Boston patrol officers") The Boston Globe joined in - Mayor Marty Walsh's response towards the idea was negative (Boston Globe. August 5, 2016 "Mayor Walsh Rejects idea of Boston Police Carrying Long Guns"). In order to have an informed public discourse on the appropriate arms for the police department - the current inventory must be known!

Furthermore the public interest deserves special consideration in my request for (3) audit records. The recent case of the Braintree Police department's evidence locker shows that the public cannot assume that proper procedures are being followed with police inventories. In this recent Braintree case from the police evidence locker "eight guns were missing, along with $70,000 in cash and 'a lot of drugs,' according to someone with first-hand knowledge of the audit’s findings. At least two of the weapons were found in Braintree police officer Susan Zopatti’s house." (Boston Globe. September 14, 2016. "Emerging scandal in evidence room puts hundreds of drug cases at risk"). It is unacceptable that the public must assume that proper care is being taken with the weapons used on police business.

All communications related to this request can be found here: https://www.muckrock.com/foi/boston-3/police-weapons-boston-police-department-28024/

Please order the department to provide the relevant public records for my requests (1), (2), and (3). Thank you for your consideration.

Best Regards,
David Brown