The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Criminal Justice Services Board.

"Department" means the Department of Criminal Justice Services.

"Law-enforcement agency" means any state or local police or sheriff's office.

A. Any law-enforcement agency subject to the provisions of § 2.2-5515, 15.2-1721.1, or 52-11.3 of the Code of Virginia in possession of equipment prohibited by § 2.2-5515, 15.2-1721.1, or 52-11.3 of the Code of Virginia prior to March 1, 2021, must request a waiver to continue the use of such prohibited equipment.

B. A law-enforcement agency shall file with the department a completed application for such waiver on the form and in the manner provided by the department.

C. The board shall consider each waiver request. A law-enforcement agency may appear before the board in support of the request. A law-enforcement agency may utilize qualifying equipment while the application for waiver is pending.

D. Any waivers granted by the board shall be published by the department on the department's website.

A law-enforcement agency that does not request or receive a waiver may not utilize any equipment prohibited by §§ 2.2-5515, 15.2-1721.1, and 52-11.3 of the Code of Virginia.

Military Surplus and Other Regulated Police Equipment Waiver (rev. 4/2021)