Patrol rifles inventory or purchase records (South Pasadena Police Department)

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Inventory of patrol rifles (as commonly denominated for law enforcement use) and any other assault rifles (as defined in Sections 30510 and 30515 of the California Penal Code) that are owned by the agency, including: Quantity, make, model, and caliber.

If your agency does not possess records with an inventory of rifles as defined above, then we request purchase records, invoices, procurement documents and other documents sufficient to show the quantity, make, model and caliber of patrol rifles acquired by your agency since 2007.

Discussion: AB 481 required each law enforcement agency in California to post, by May 1st, 2022, inventories and use policies, including quantities, models, and costs, for rifles as defined by Sections 30510 and 30515 of the California Penal Code that the agency owned as of January 1, 2022. In searching your agency’s web site and/or searching the inventory and use policy submitted to the local governing body to comply with AB 481, we were not able to locate this information regarding patrol rifles for your agency. If your agency posted a military equipment inventory that contains this information (quantity, make, model, caliber of patrol rifles), please direct us to a functioning URL with such inventory or provide a copy of that document. We recognize that some agencies consider patrol rifles to be standard issue (and so do not include them in AB 481 policies) and some agencies do not possess patrol rifles (although most do).

We would prefer to receive an inventory of patrol rifles currently possessed by the agency. However, if your agency does not possess an inventory of patrol rifles, we are requesting records with the equivalent information, through purchase records. Other agencies have indicated that such rifles have an expected functional life of between 10 and 20 years, which is why we request such records since 2007 (again, IF the agency does not have records including an inventory of patrol rifles).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

If you would like to discuss this request, please feel free to reach out to me, John Lindsay-Poland, American Friends Service Committee, at 510-282-8983.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

John Lindsay-Poland

Dear South Pasadena PD staff,

Thank you for response to my Public Records Act request for inventory records of patrol and sniper rifles (as defined in Sections 30510 and 30515 of the California Penal Code) that are owned by the South Pasadena PD, including: Quantity, make, model, and caliber.

Your response points me to the Department's proposed military equipment policy page. That policy lists a total of four sniper rifles (all .308 semi-automatic rifles - two of them Accuracy International and two of them Colt).

However, I do not observe any patrol rifles listed in this inventory. I am aware that some departments did not list patrol rifles in their AB481 policies and inventories, because they consider them to be "standard issue service weapons" and exempt from AB481's requirements. I will appreciate it if you can confirm that the Department has no records of patrol rifles in the Department's possession. On the other hand, if the Department does have such records, please produce disclosable records.

Thanks.

John Lindsay-Poland

Dear South Pasadena PD staff,

I write in response to your August 3, 2022 communication, in which you state: "The South Pasadena Police Department considers patrol rifles to be standard issue service weapons and therefore exempt from disclosure under AB481's requirements. There are no further disclosable records." A subsequent email also referenced a URL with the Department's AB481 policy.

However, please note that my request was not made under AB481's requirements, but under the requirements of the California Public Records Act. I requested inventory records for patrol rifles. While AB 481 has a clause referring to standard issue service weapons, the Public Records Act has a completely different set of disclosure requirements, and does not exempt inventory records of standard issue service weapons.

Please respond to my request under the terms of the Public Records Act, which requires response within 20 days of the original request.

Thanks so much.

John Lindsay-Poland

Hi,

Thank you for your help with this request. I appreciate it.

Sincerely,
John Lindsay-Poland