LAPD can continue to use military weapons, foam bullets and tear gas after City Council vote

The L.A. City Council voted 8-4 on Tuesday to continue allowing the Los Angeles Police Department to be armed with 40 mm foam bullet launchers and tear gas.

California law enforcement agencies are required to track and publicly document how they use military equipment, including less-lethal bean bag shotgun rounds, drones and armored vehicles, under state law AB 481 passed in 2022. The law also requires city leaders to approve or disapprove military equipment use annually. That vote came in front of the council Tuesday.

Another law passed after the George Floyd protests of 2020 restricted the use of crowd-control weapons, including tear gas and foam bullets, unless specific criteria are met. In 2020, a federal judge also imposed an injunction restricting LAPD’s use of force at protests, citing the “unfortunate history of civil rights violations by LAPD officers.”

Councilmember Hugo Soto-Martinez — who introduced an amendment asking city leaders to ban the LAPD’s use of 40 mm foam bullet launchers and tear gas — said military equipment use is allowed only in specific instances but that the police department has deployed the weapons “in ways that should make everyone here on this body pause.” He cited examples of weapons used against journalists and protesters during this summer’s protests against federal immigration activity in L.A.

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“In recent months, we’ve watched this equipment deployed in ways that echo the same intimidation tactics we condemn in ICE raids — tactics that erode trust and violate basic legal protections,” he said. “Our residents should be able to exercise their rights without being met with [foam] bullets or tear gas.”

LAPD Chief Jim McDonnell countered that such weapons are "a de-escalation tool, short of using deadly force. The last thing we want to use is deadly force."

He continued: "Taking a tool like this away from us puts us in a very bad position relative to city liability and relative to protecting our officers and the public that we serve.”

In 2024, Los Angeles was liable for more than $50 million in payouts related to civil rights violations and unlawful use of force by the LAPD, according to the city controller’s office.

 ”Rather than be swayed by emotion or swayed by the loud voices of a relative few," McDonnell said Tuesday, "we're here to protect 4 million residents of Los Angeles and all the visitors who come here."

Councilmembers Eunisses Hernandez, Ysabel Jurado, Marqueece Harris-Dawson and Soto-Martinez voted against arming the LAPD with the 40 mm launchers and tear gas. Here's the vote breakdown.

How we got here

After this summer’s anti-ICE protests, the LAPD once again came under scrutiny for its use of foam bullet launchers and tear gas.

An LAist investigation found LAPD used crowd-dispersal tools on people who did not appear to pose a threat and, in some cases, did not appear to be protesting at all. LAist reporters witnessed LAPD officers firing less-lethal munitions into crowds and at protestors running away from police. They did not hear clear warnings about the use of crowd-dispersal weapons during some of the protests and could not locate evidence that adequate warning was provided during subsequent protests.

But at Tuesday’s council meeting, McDonnell said, these weapons are deployed as “a last resort to be able to restore order” and after people have been given time to leave.

The Los Angeles Press Club sued the LAPD after June’s protests, citing violations of journalists’ rights while covering protests. After a judge issued an injunction in that case prohibiting the use of force against journalists, the LAPD filed an emergency motion asking the judge to lift the injunction, stating it required “operationally impracticable standards.” The judge denied the LAPD’s request.

How to watchdog your police department

One of the best things you can do to hold officials accountable is pay attention.

AB 481 requires police departments — including those at transit agencies, school districts and university campuses, sheriff’s departments, district attorney’s offices and probation departments — to provide reports about the use of military equipment.

So how do you know if they're in compliance? It’s simple. Search for the law enforcement agency name and "AB 481" on any search engine, and a public page should pop up. Here’s the LAPD’s.