(1) A law enforcement agency may not receive any of the following property from a military equipment surplus program operated by the federal government:

(a) Unmanned aircraft systems that are armored or weaponized;

(b) Aircraft that are combat-configured or combat-coded;

(c) Grenades or similar explosives, or grenade launchers; or

(d) Firearms silencers.

(2) A law enforcement agency purchasing property from a military surplus program operated by the federal government may use only state or local funds, and may not use funds obtained from the federal government, for the purchase.

(3) To receive property not prohibited by subsection (1) of this section from a military equipment surplus program:

(a) For a local law enforcement agency with jurisdiction over a municipality or tribal lands, the law enforcement agency shall obtain written approval from the governing body of the municipality or tribal lands for receipt of the property.

(b) For a county sheriff’s office, the sheriff shall, at least five days before requesting the property, notify the board of county commissioners or county court in writing of the request. The written notice must include information about the type of equipment requested, the estimated cost savings to the county if the request is granted, the estimated costs of refurbishing or repairing the equipment and the intended use by the sheriff of the property.

(c) For a law enforcement agency within a state agency or special government body, including the Department of Justice, the law enforcement agency shall obtain written approval from the director, or the person in a position equivalent to a director, of the state agency or special government body.

(d) For a law enforcement agency that is a state agency, the law enforcement agency shall obtain written approval from the person or entity with the authority to appoint and remove the director, or the person in a position equivalent to a director, of the state agency.

(4) If a law enforcement agency requests property from a military equipment surplus program, the law enforcement agency shall publish notice of the request on a publicly accessible website within 14 days after the request.

(5) As used in this section:

(a) ‘Firearms silencer’ has the meaning given that term in ORS § 166.210.

(b) ‘Law enforcement agency’ means any agency that employs police officers or prosecutes criminal cases, but does not include a tribal law enforcement agency.

(c) ‘Police officer’ means:

(A) A member of the Oregon State Police;

(B) A sheriff, a municipal police officer or a police officer commissioned by a university under ORS § 352.121 or 353.125;

(C) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;

(D) An investigator of the Criminal Justice Division of the Department of Justice;

(E) A humane special agent as defined in ORS § 181A.345; or

(F) A regulatory specialist exercising authority described in ORS § 471.775 (2).

(d) ‘Unmanned aircraft system’ has the meaning given that term in ORS § 837.300. [2021 c.225 § 1]

181A.338 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.