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2. As a result of RCW 10.116.040, the Everett Police Department is prohibited from <br />utilizing its supply of Lewis Machine & Tool Company (LMT) and Defense Technology (Def Tec) 40mm less - <br />than -lethal tactical grenade launchers as they are now considered military equipment. Less -than -lethal <br />equipment is used by the Everett Police Department in a variety of situations both in patrol operations <br />and through the Special Operations Group. The 40mm less -than -lethal launchers enabled Everett Police <br />Officers to engage individuals from a distance, granting de-escalation opportunities and tactics that would <br />not otherwise be available and appropriate. The next available higher force option is lethal force. <br />The 40mm less -than -lethal launchers used a propellant cartridge to launch a variety of munitions <br />including aerial noise diversionary devices, with or without oleoresin capsicum (OC), direct impact foam <br />munitions, long distance foam impact munitions, foam marking munitions, with or without OC, .60 caliber <br />sting ball rubber munitions, and rubber dowel munitions. These munitions were considered military <br />equipment since they are larger than .50 caliber and the mechanism that the projectile is fired is from an <br />explosive charge. The Everett Police Department's Special Operations Group is dependent upon long <br />range less -than -lethal equipment and munitions to encourage crowd dispersal with the goal of regaining <br />civil order and preventing property damage. <br />In 2021, the Washington State legislature passed Engrossed Second Substitute House Bill 1310 <br />(HB 1310) and was signed into law by Governor Inslee on May 18, 2021. The legislation is codified, in part, <br />in RCW 10.120.020 — Permissible uses of force. RCW 10.120.020.2(a)(d)(e) states, in part: <br />(2) A peace officer shall use reasonable care when determining whether to use physical <br />force and when using any physical force against another person. To that end, a peace <br />officer shall: <br />(a) When possible, exhaust available and appropriate de-escalation <br />tactics prior to using any physical force, such as: Creating physical <br />distance by employing tactical repositioning and repositioning as often as <br />