Several members of the California Legislature are looking to curb the use of rubber bullets during protests. The proposed legislation would set new standards on when and how the projectiles should be used by law enforcement.
The effort is being spearheaded by Democratic California State Assemblywoman Lorena Gonzalez of San Diego. She is joined by Democratic Assemblywoman Dr. Shirley Weber of San Diego, Democratic Assemblyman Ash Kalra of San Jose, and Democratic Senator Scott Wiener from San Francisco.
"No one who is simply exercising their right to protest should face possible injury or death because officers are indiscriminately firing rubber bullets into a crowd," Gonzalez said. "Breaking a city-imposed curfew is not a sufficient basis for use of rubber bullets. Crowd control where there is no rioting is not proper grounds to use rubber bullets. It is past time for the State of California to set clear standards on when and how these bullets are used by law enforcement."
Rubber or plastic bullets, otherwise known as kinetic impact projectiles, are considered to be one of several less-than-lethal options available to law enforcement, and they are sometimes used as a means of crowd control. Gonzalez and the other lawmakers say they are concerned rubber bullets are overused and not often necessary.
All four claim that researchers have said rubber bullets should not be used for crowd control, and they cite a 2017 BMJ Medical Journal report in which it was noted that 15 percent of people hit by the projectiles were permanently injured, while three percent of those targeted later died of their injuries.
"Millions of Americans have taken to the streets over the past week rightfully demanding change and sacrificing their safety in support of Black Lives Matter to take a stand against police brutality and institutional racism. As lawmakers, we cannot stand by idly while people are being brutalized as they are exercising their free speech," Assemblymember Kalra said. "Rubber bullets should not be used to suppress freedom of assembly, peaceful protest, or to facilitate curfews and disperse people demonstrating. Taking away these tools that cause injury and escalate tensions is the first of many necessary changes that need to happen if we are to truly claim to support communities of color and address the persistent problems facing Black Americans."
A report by Health.com also suggests that even though rubber bullets are considered less-than-lethal, they are still potentially very dangerous. Officers are instructed not to fire directly at people, target arms or legs, and never aim for the face, but that doesn't alway happen. During the recent unrest in Sacramento streets over the death in Minneapolis police custody of George Floyd, protesters could be seen carrying a young man who they said had been shot in the head at close range with a rubber bullet. His family later told members of the media that he had suffered brain damage.
KPPC radio reporter Adolfo-Guzman-Lopez tweeted that a policeman shot his with a rubber bullet during coverage of protests in Southern California. The picture posted in the tweet showed a large red welt on his neck. He has since reported via social media the his doctor found no permanent physical damage.
"Over the past week, we've all watched with horror as police violently target protesters and journalists with rubber bullets for no apparent reason, sending many to the hospital with serious injuries," Senator Wiener said. "We need to re-evaluate use of rubber bullets by California law enforcement. We need more de-escalation and less military-grade riot gear, rubber bullets, and tear gas. I applaud Assemblymember Gonzalez for leading on this important legislation in this critical moment in our nation’s quest for justice."
Gonzalez says there is limited regulation on the development of rubber bullets and other kinetic impact projectiles and that manufacturers are not required to keep records on injuries caused by their products.
Rubber bullets were first used 50 years ago by the British Army in Northern Ireland, and they are becoming increasing popular with police agencies now. In fact, Markets And Markets reports that yearly growth in sales will average nearly six percent through 2023.