WA ST Dept of Commerce 10/15/2021

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