Section 1033 of the National Defense Authorization Act for Fiscal Year 1997, codified at 10 U.S.C. § 2576a, permits the Secretary of Defense to transfer excess Department of Defense supplies and equipment to state and local law enforcement agencies. Massachusetts has entered into an agreement with the Defense Logistics Agency, which governs the transfer of military property to Massachusetts for use in civilian policing.

State, local, and university police agencies can participate in the 1033 Program—formerly known as the 1028 Program—after completing several steps. Once a Massachusetts police agency has been approved for participation in the 1033 Program, it can requisition property. Those requisitions are done in writing and create public records. The purpose of this request was to seek those records.