CHAPTER 9 USE OF FORCE / FIREARMS

Transcription

1 CHAPTER 9 USE OF FORCE / FIREARMS 9-1 Use of Force Use of Force, Policy Use of Deadly Physical Force Police Baton Neck Restraints Taser Guns Definitions ERD/Taser Storage, Issuance and Deployment Use of ERD/Tasers Periodic Downloads of ERD/Tasers Permanently Issued to Individual Officers Use of Chemical Sprays Use of Other Chemical Agents Use of Authorized Weapons Only; Unauthorized Weapons Prohibited Use of Force, Reporting Responsibilities 9-2 Firearms Officers to be Armed On-Duty and/or in Uniform Handguns Special Weapons Off-Duty / Back-Up Weapons Firearms Repair / Modification Procedure for Firearms Modification / Caliber Approval / Firearms Policy Alterations (New) Care of Department Issued Weapon Security of Firearms Handling and Display of Firearms Ammunition Extra Ammunition Holsters Firearms Training Qualification with Firearms Shotguns, Carrying in Police Vehicles Vehicles to be Equipped with Shotguns (Revised) Shotguns, Use of Shotguns, Care and Maintenance Use of Firearms Prohibited Discharge of Firearms Surrendering Firearms Discharge of Firearm to Destroy an Animal Responsibilities Upon Discharge of Firearm Accidental Discharge of Firearm, Non-Injury: Investigative Procedure Intentional Discharge of Firearms by Officers and/or Discharges Resulting in Personal Injury Coroners Inquests

2 9-3 Stress Management Post-Shooting Procedure Appendix 9-A Department Order Use of Firearms, Use of Force Appendix 9-B Officer Involved Fatal Shootings Checklists Appendix 9-C Standard Questions for Interviews of Officers Involved in Uses of Force Resulting in Serious Injury or Death

3 9-1 USE OF FORCE USE OF FORCE, POLICY At times, members of the Pueblo Police Department may be confronted with situations where control is required to effect arrests or to protect the public safety. At all times attempts will be made to achieve such control through advice, persuasion, or warnings. However, in situations where resistance to lawful police action or a threat to life or public safety is encountered, and reasonable alternatives have been exhausted or would clearly be ineffective, reasonable, appropriate, and lawful force, may be used. Officers may use physical force and need not retreat or desist when physical force is necessary to effect an arrest, prevent an escape, or overcome resistance. The type and degree of force used shall be based on the facts of the situation. Only that force which is reasonable and necessary to accomplish a legitimate police function, and effect lawful objectives, shall be applied USE OF DEADLY PHYSICAL FORCE The use of deadly physical force is authorized only when the officer reasonably believes that such action is necessary to defend himself or a third person from what he reasonable believes to be the use or imminent use of deadly physical force. Use of deadly physical force against a "fleeing felon" is prohibited unless the officer reasonably believes that such force is necessary to effect an arrest, or prevent the escape from custody of a person whom he reasonable believes (a) has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon or (b) is attempting to escape by the use or a deadly weapon, or (c) otherwise indicates, except through a motor vehicle violation, that he is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay. Officers shall read and be familiar with the provisions of Section of the Colorado Revised Statutes (see Appendix 9A) regarding the use of deadly physical force.

4 For purposes of clarification the following definitions are provided: 1. Serious bodily injury means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. 2. Reasonable belief means that the officer had an honest and good faith belief, based upon facts and circumstances within such officer s knowledge, which would persuade a reasonable person to that belief, that the action is in defense of human life, including the officer's own life, or in defense of any person in immediate danger of serious bodily injury and that it was necessary to use deadly physical force in order to prevent such serious bodily injury or loss of life POLICE BATON The 26-inch straight baton, or an expandable straight baton which has first been approved by the Chief of Police, shall be carried by members of the Pueblo Police Department when in uniform in a field assignment. Leather straps or thongs shall not be attached to the baton, nor shall it be modified in any way. The carrying, use or possession while on duty or in Police Department facilities of any other baton, sap, night-stick, "billy" club, club, black jack, electric baton or "J-stick", or other device in lieu of the approved baton is prohibited. Batons may be used only when necessary, and after other reasonable means of controlling a violent person have failed, or would clearly fail. Officers may use the baton as a control device when controlling, directing, or leading uncooperative persons. A person shall be struck with the baton only when necessary for the safety of the officer or another person.

5 Batons shall not be used to strike a person above the plane of the person's shoulders, nor shall the baton be applied directly to the neck or throat of a person to choke that person except in extreme circumstances where the use of deadly physical force is authorized. Batons shall not be used to strike, jab, poke, taunt, or otherwise intimidate a person already under control. Batons (or other hard objects likely to cause damage) shall not be used to knock on doors NECK RESTRAINTS Carotid neck holds and choke holds are considered deadly force. Such holds shall not be utilized by members of this Department, other than situations justifying deadly force. Should a member observe or have immediate knowledge that a neck hold has been used, the member shall ensure that medical attention is administered by a qualified medical professional as soon as possible after the use of the carotid neck hold ERD/TASER GUNS The primary duty of police officers is to protect the public, themselves and fellow officers. Use of less lethal weapons and control options, such as the M-26 and X-26 Advanced Taser Electronic Restraint Devices (ERD/TASER herein), may assist officers in performing these duties, but are not intended to substitute for the use of deadly force when it is reasonable and necessary; there is neither a requirement nor an expectation that officers attempt to use or exhaust less lethal options, such as an ERD/TASER, in situations requiring the use of deadly force. It shall therefore be the policy of the Pueblo Police Department to authorize designated units within the Department to utilize ERD/TASERs, the primary purpose of which being the protection of human life.

6 DEFINITIONS 1. Less lethal: A concept of planning and force application that meets an operational or tactical objective, with less potential for causing death or serious injury than conventional more lethal police tactics. 2. Less lethal weapon: Any apprehension or restraint devices approved for carry which, when used as designed and intended, have less potential for causing death or serious injury than conventional police weapons. Less lethal weapons include ERD/TASERs. 3. Less lethal officer: An officer trained in the principles of less lethal force and the use of specific less lethal weapons who is authorized by the Department to carry and deploy one or more of the weapons in the performance of their duties. 4. ERD/TASER: M-26 and X-26 Advanced Tasers that use a 26-watt electrical signal to temporarily override the central nervous system and directly control the skeletal muscles. This causes an uncomfortable contraction of the muscle tissue, allowing the M-26 and X-26 to physically debilitate a target regardless of pain tolerance or mental focus. 5. Active aggression: A threat or overt act of an assault, coupled with the present ability to carry out the threat or assault, which reasonably indicates that an assault or injury to any person is imminent. 6. Passive resistance: Physical actions that do not prevent the officer s attempt to control, for example, a person who remains in a limp or prone position ERD/TASER STORAGE, ISSUANCE AND DEPLOYMENT All ERD/TASERs not deployed in the field or permanently assigned and issued to individual officers shall be maintained in a police facility, in a locked cabinet or room designated specifically for the storage of less lethal weapons. Department-owned ERD/TASERs will be issued to qualified less lethal officers by a designated supervisor at the beginning of each shift, and returned at the end of the officer s shift to a designated supervisor, provided the officers have not been permanently assigned and issued their individual ERD/TASER. Officers who have been

7 permanently assigned and issued their own Department-owned ERD/TASER shall be responsible for maintaining said equipment and having said equipment in their possession and ready for use during their shift. Personally owned less lethal weapons are prohibited and shall not be authorized for use. When deployed, the ERD/TASER shall be carried on the belt in the approved and issued holster, worn on the side opposite the firearm or in a leg holster. When not worn, the ERD shall be secured in a locked vehicle, not visible to passers-by. All Patrol Division officers working in a field assignment shall carry the ERD/TASER while on duty, unless specifically exempted by higher authority; qualified less lethal officers may not decline to be issued, carry or deploy ERD/TASERs USE OF ERD/TASERs Use of an ERD/TASER shall be considered a use of force and must meet the requirements of all Department policies and procedures and the Colorado Revised Statutes. It is important to note that ERD/TASERs are not intended to be used as general substitutes for other non-lethal force options. Acceptable uses of ERD/TASERs include: 1. To incapacitate a combative or physically resistive person whose conduct rises at least to the level of active aggression. The purpose is to neutralize the person to the point they can be safely controlled and taken into custody. 2. In situations when its use is likely to prevent an officer or third person from serious bodily injury. 3. To incapacitate a suicidal person who cannot be safely controlled with other force options. Unless deadly force is warranted, officers shall not intentionally deploy the ERD/TASER as follows: 1. To the head, eyes, throat, neck, breast(s) of a female, genitalia or spinal column. 2. To a pregnant female, if the officer has knowledge of the pregnancy. 3. On an open wound, if the officer has knowledge of the open wound.

8 Officers shall not use the ERD/TASER in the following situations: 1. When a subject is passively resisting. 2. When a subject is handcuffed, unless his/her behavior rises to the level of active aggression. 3. When a subject is on a slanted roof or near the edge of a building, to minimize the possibility of the subject falling. 4. When a subject is in a swimming pool or in deep body of water, to minimize the chance of drowning. 5. When a subject is operating a moving vehicle. 6. Near flammable gases or liquids, including oxygen cylinders used as part of a breathing apparatus or system. 7. In drug houses where ether or other flammable liquids are suspected. 8. No officer shall playfully, maliciously or intentionally misuse or display an ERD/TASER. Officers shall communicate to other officers and the subject that they are about to discharge a less lethal weapon prior to its use or clearly and audibly announce the same to officers in the immediate area unless urgent circumstances prevent this from occurring. Upon an officer discharging an ERD/TASER on a subject, he/she shall, when circumstances permit, re-assess the situation prior to administering the ERD/TASER a second time, and between each cycle thereafter. Re-assessing the situation shall include, but not be limited to, appraising the level of aggression or resistance the subject is demonstrating, considering other use of force options that may be more appropriate under the circumstances, and otherwise evaluating the necessity for administering the ERD/TASER a second or multiple times. Nothing in this directive should be interpreted so as to prevent an officer from using the necessary force to protect himself/herself and others from imminent danger, including the use of multiple discharges of an ERD/TASER on a subject, when the officer believes such force is necessary to protect human life. Prompt medical evaluation by Fire/Rescue personnel, ambulance personnel and/or other medical personnel, either at the scene of the use of force or another location (Police

9 Department, detention facility, medical facility, etc.), is required to determine the degree of injury incurred by the subject. Medical evaluation is required whether the subject is shot with probes or the ERD/TASER is used as a contact stun device. The medical check shall be documented on the Subject Management Report. ONLY FIRE/RESCUE PERSONNEL, AMBULANCE PERSONNEL AND/OR OTHER MEDICAL PERSONNEL WILL BE ALLOWED TO REMOVE PROBES FROM INDIVIDUALS SHOT WITH THE ERD/TASER. Officers shall, when practicable, request Fire/Rescue response to remove probes in the field, unless circumstances require such procedure to be conducted at a medical facility. If the subject is jailed, the officer shall notify the detention facility personnel that a less lethal weapon was used. The ERD/TASER, cartridge, probes and digital power magazine shall be recovered and placed in the Property/Evidence/Supplies Section by the supervisor conducting the use of force investigation as soon as practicable. The Internal Affairs supervisor shall then collect the equipment from the Property/Evidence/Supplies Section, download the discharge data from the ERD/TASER into a computer file and attach the results to the Subject Management Report. A replacement ERD/TASER shall be provided to the officer, if available, for use during the remainder of his/her tour of duty by a designated supervisor. Discharges of the ERD/TASER during an approved training session, and at the beginning and end of shift testing, will not require reporting unless an injury occurs under such circumstances. Accidental discharges of ERD/TASERs shall be investigated and documented PERIODIC DOWNLOADS OF ERD/TASERs PERMANENTLY ISSUED TO INDIVIDUAL OFFICERS Officers who have been permanently assigned and issued a Department-owned ERD/TASER shall submit said equipment semi-annually, at the Internal Affairs supervisor s request, to the Internal Affairs supervisor so that he/she can download discharge information into a computer file. The Internal Affairs supervisor shall crossreference the discharge information with Subject Management Reports completed on

10 each of the respective officers. Suspicious discharges, such as several discharges in a short period of time during the middle of an officer s shift or discharges that are not accounted for in an accompanying Subject Management Report, may be indicative of misuse of the ERD/TASER and the Internal Affairs supervisor shall investigate accordingly. Pueblo Police Department Department Order: 9-1.5, , , and Amends/Rescinds Department Order: Professional Standards Reference: N/A Date of Approval: November 3, 2004 Effective Date: November 22, 2004 Approved: Chief James W. Billings, Jr USE OF CHEMICAL SPRAYS Chemical irritant sprays are intended to be used as a defensive or control device in situations which threaten the safety of persons or property. Incidents which require the use of force, may justify the use of such chemical sprays. Chemical irritant sprays shall only be applied in short bursts, consistent with training on the use of such sprays. Medical treatment should be immediately provided to any person requesting it, and in any case, decontamination procedures should be initiated as soon as is practicable after the subject is restrained. No person shall be taken to a hospital emergency room without first being decontaminated, unless emergency circumstances dictate otherwise. Pueblo Police Department Department Order Amends/Rescinds Department Order: Professional Standards Reference: N/A

11 Date of Approval: _March 23, 2006 Effective Date: March 23, 2006 Approved by Chief of Police: James W. Billings Jr. Approved by City Manager: David Galli USE OF OTHER CHEMICAL AGENTS A commanding officer is responsible for determining the need for the use of chemical agents, such as tear gas, at the scene of a police action. The commanding officer at the scene has the authority to direct deployment of said chemical agents USE OF AUTHORIZED WEAPONS ONLY; UNAUTHORIZED WEAPONS, PROHIBITED Only weapons and ammunition authorized by the Pueblo Police Department may be used in the performance of duty. Only agency personnel who have demonstrated proficiency in the use of agency-authorized weapons shall be approved to carry such weapons. For the purposes of this directive, weapons shall include, but are not limited to, all agency-authorized firearms and less lethal weapons. Demonstrated proficiency shall include achieving a minimum score on a prescribed qualification course, attaining and demonstrating a knowledge of the laws concerning the use of authorized weapons, attaining and demonstrating a knowledge of agency policy(s) on the use of force, escalating force and deadly force, and being familiar with recognized safe-handling procedures for the use of these weapons. The instruction and qualification of all weapons shall be provided by a certified weapons instructor. Department members are prohibited from carrying brass knuckles, unauthorized batons, "sap gloves" or spring loaded saps, or any weapon defined by Federal or State law as an illegal weapon, unless such instrument has been issued to the Department and/or permission to carry same has been obtained from the Chief of Police. Pueblo Police Department Department Order Amends/Rescinds Department Order 9-1.8

12 Professional Standards Reference: CACP and 20.12, CALEA Date of Approval: November 3, 2004 Effective Date: November 22, 2004 Approved: Chief James W. Billings, Jr USE OF FORCE, REPORTING RESPONSIBILITIES Whenever an officer is required to use physical force or the application of force against another person, the officer shall so notify his/her supervisor as soon as possible. The officer shall include all details concerning the type and extent of force used in the appropriate report covering the incident, which shall include: 1. The reason why it was necessary to apply force (for example, to effect an arrest, to control or restrain a suspect, to defend yourself or others, etc.). 2. A statement indicating the type of force applied (for example, grappling techniques, empty hand strikes, control holds, take down techniques, baton strikes, chemical sprays, etc.) 3. A detailed description of any injuries sustained as a result of this application of force, including the nature and extent of injuries, the disposition of the injured person including the name(s) of any attending physician(s), and any diagnosis or prognosis obtained from competent medical authority. 4. A description of any property damage resulting from this application of force. The supervisor is responsible for reviewing the incident to determine initial justification (or lack thereof) for the use of force, and for the type or force used. The supervisor shall submit the results of his/her review, using the Subject Management Report, through the chain of command to the Chief of Police, detailing his/her initial determination. 9-2 FIREARMS

13 Since citizens are frequently the victims of violent crimes, and police officers are often confronted with the use of deadly force while performing their duties, it is necessary that the commissioned members of the Pueblo Police Department be properly armed for the protection of the public and themselves. Additionally, officers must be adequately trained in the use of firearms, and controls must be maintained to ensure the proper care and use of firearms at all times OFFICERS TO BE ARMED ON-DUTY AND/OR IN UNIFORM All officers are to be armed at all times while on duty and/or in uniform, and must comply with the following provisions: 1. While in uniform, on or off duty, officers will be armed with a departmentapproved handgun. 2. Officers assigned to duties which do not require the wearing of the police uniform, while on duty, shall be armed with a Department approved handgun. 3. Prior to carrying any handgun, an officer shall cause such weapon to be inspected by the Firearms Training Unit, who may disapprove any weapon which does not exhibit mechanical stability or meet standards of safety. The officer shall also cause the serial number and general description of such weapon to be recorded by the Firearms Training Unit, and shall, prior to carrying said weapon, demonstrate proficiency and meet qualification standards with it. The regulation requiring officers to be armed at all times while on duty, and other provisions of this order regarding weapons specifications, may be temporarily suspended by order of a superior officer during times when undercover activity or special duties would make the carrying of a handgun, or the carrying of a specified type of handgun, infeasible.

14 9-2.2 HANDGUNS Authorized handguns must be in compliance with the following provisions: 1. When the handgun is a revolver a. The officer in uniform must carry a revolver which meets the following specifications: (1) The weapon must be a.38, 357 or 45 ACP caliber double action revolver. (2) The weapon must have a barrel no less than four inches long, and no more than six inches long unless the officer is assigned to an In House position in which case a shorter barrel may be authorized. b. The officer on duty, but not in uniform, must carry a revolver which meets the following specifications: (1) The weapon must be a.38, 357 or.45 ACP caliber double action revolver. (2) The weapon must have a barrel length no more than six inches long. (3) Air-weight revolvers are prohibited. 2. When the handgun is a semi-automatic: a. The officer authorized to carry a semi-automatic pistol in uniform and/or on duty shall be armed with a semi-automatic pistol which meets the following specifications: (1) The weapon must be a 9mm Parabellum, 10mm,.40SW, or a.45 ACP caliber handgun. (2) The weapon must have an unaltered hammer block and decocking mechanism if so designed by the manufacturer. (3) Authorized semi-automatic pistols and magazines include models proven to be reliable, mechanically sound and produced by reputable firearms manufacturers. (4) The weapon shall be carried fully loaded, with a round in the chamber, and in a manner consistent with the training

15 provided by the firearms training unit for the specific weapon SPECIAL WEAPONS Specialized duty weapons are those weapons designed for utilization by the Special Weapons and Tactics Team and other specifically authorized personnel during the course of fulfilling the objectives of their mission as defined by Department Orders. Such weapons include but are not limited to, rifles, carbines, submachine-guns, machine-guns, chemical agent delivery systems, certain less lethal weapons, such as 40mm beanbag rounds, and certain entry and breaching devices. Only Department issued specialized duty weapons, or their equivalent, are authorized. Only designated members of the Department who have demonstrated proficiency in the use of said specialized weapons systems are authorized to carry or utilize said weapons while on duty or performing police related duties. Special Weapons and Tactical Officers opting to carry or utilize an equivalent specialized duty firearm must comply with the following provisions: 1. Rifle calibers must be.223,.308, or and the weapon manufactured by a reputable firearms manufacturer. 2. Submachine or machine gun calibers must be either 9mm, 10 mm,.40 SW,.45ACP,.223 or.308 and the weapon manufactured by a reputable firearms manufacturer. 3. Shotguns are limited to 12 gauge models manufactured by a reputable firearms manufacturer. 4. Officers shall, prior to carrying any specialized duty weapon, cause such weapon to be inspected by the Special Weapons and Tactics Team Firearms Officer, who may disapprove any weapon that does not exhibit mechanical stability or meet standards of safety. The officer shall also cause the serial number and general description of such weapon to be

16 recorded by the Special Weapons and Tactics Firearms Officer, and shall, prior to carrying said weapon, demonstrate proficiency and meet qualification standards with it. 5. Weapons other than those specified herein may be considered for authorized use provided they are first inspected by the Special Weapons and Tactics Firearms Officer and approved in writing by the Special Weapons and Tactics Team Commander and the Chief of Police. Non-SWAT personnel requesting to be armed with and utilize a patrol carbine in the performance of their duties shall comply with the following: a. Patrol carbines must be.223 caliber, with iron sights. Semiautomatic AR15 type weapons, manufactured by Colt, Eagle Arms, and Bushmaster, and.223 Ruger Mini-14 rifles, are approved. Requests to carry any other make or model of weapon requires written approval by the Chief of Police. b. Weapons with scopes, and fully automatic weapons are not authorized for this function. c. Officers shall, prior to carrying a patrol carbine, cause said weapon to be inspected by a designated department firearms officer, who may recommend disapproval of any weapon that does not exhibit mechanical stability or meet standards of safety. The officer shall also cause the serial number and general description of the weapon to be recorded by the firearms training unit, and shall, prior to carrying said weapon, successfully complete a training course provided by the firearms training unit, and demonstrate proficiency by meeting qualification standards with it. Ammunition for the training course and qualification shall be provided by, and paid for by the officer requesting to carry the weapon.

17 d. Patrol carbines shall be carried in a protective case, without a round in the chamber, and secured in the trunk of the police car or in a rifle lock in the passenger compartment if the vehicle is so equipped. Patrol carbines shall not be carried in the shotgun lock in the passenger compartment of the car. e. Patrol carbines shall be carried in addition to, not in place of, the shotgun OFF-DUTY/BACKUP WEAPONS FIREARMS Peace officers certified by the Peace Officer Standards and Training Board have the authority to carry firearms while off duty, concealed or otherwise, subject to the written firearms policy created by the agency employing the officer. It shall therefore be the policy of the Pueblo Police Department to authorize the carrying of off-duty and backup firearms by officers, subject to the following provisions: 1. Backup firearms shall meet the provisions set forth in section (1.) (b.) (1,2) and (2.) (a.) (1,2,3,4) of the Pueblo Police Department Manual, unless otherwise authorized by the Chief of Police; 2. Backup firearms shall be carried concealed; 3. Prior to carrying backup firearms, officers shall cause such firearms to be inspected by the Firearms Training Unit, who may disapprove any firearm that does not exhibit mechanical stability or meet standards of safety; 4. Prior to carrying backup firearms, officers shall cause the serial number and general description of such firearms to be recorded by the Firearms Training Unit; 5. Officers who choose to carry backup firearms shall demonstrate proficiency and meet qualification standards with such weapons prior to carrying them, and shall qualify semi-annually with such weapons in accordance with the procedures set forth in section of the Pueblo Police Department Manual; 6. Officers who carry off-duty firearms shall abide by all requirements and restrictions mandated by applicable local, state and Federal laws;

18 7. When armed, either on or off duty, officers shall carry their agency identification; and 8. Officers shall not keep firearms in their possession while under the influence of intoxicating liquor, controlled substances, or any other prescription drugs or medication that may impair their ability or judgment to use firearms; and Pueblo Police Department Department Order Amends/Rescinds Department Order Professional Standards Reference: CACP 20.6 Date of Approval: November 3, 2004 Effective Date: November 22, 2004 Approved: Chief James W. Billings, Jr FIREARMS REPAIR/MODIFICATION Repairs or service to privately owned weapons shall be paid for by the carrying member. During the time of any needed repair of privately owned weapons, the officer may be issued a Department weapon. Department issued weapons in need of repair will be taken to the firearms training unit. The following provisions apply to any accessories or modifications to on duty firearms 1. Grips shall be dark colored. 2. Target grips which interfere with loading or re-loading are prohibited. 3. Grips must allow the weapon to be fired with either hand. 4. Department issued weapons will not be modified in any manner without the permission of the Chief of Police. 5. Target triggers and trigger shoes which interfere with the proper drawing and general operation of the weapon are prohibited. Other devices

19 installed in a manner which would interfere with the proper drawing or general operation of the weapon are also prohibited PROCEDURE FOR FIREARMS MODIFICATION / CALIBER APPROVAL / FIREARMS POLICY ALTERATIONS It is a priority of the Pueblo Police Department to stay abreast of innovations and technological improvements to authorized equipment and tools used by Department members in their capacity as law enforcement officers. Furthermore, the Department recognizes the diversity of specialized knowledge and experience possessed by individual Department members and the value of their input and feedback in the continual process of updating Department technology. Department members shall, therefore, employ the following procedures for submitting requests to modify their firearms in any fashion, offering suggestions for caliber approval or otherwise altering current firearms policy: 1. A written explanation of the specific firearm modification / caliber approval / policy alteration, including the benefits of such to the Department, potential costs associated with such, etc., shall be submitted to the Firearms Training Unit supervisor. 2. The Firearms Training Unit shall review the request / suggestion during a regularly scheduled monthly meeting and provide a written recommendation for approval or denial to the Chief of Police. 3. The Chief of Police shall review the Firearms Training Unit s recommendation and either approve or disapprove the request / suggestion. Pueblo Police Department Department Order: Amends/Rescinds Department Order: N/A Professional Standards Reference: N/A Date of Approval: April 8, 2005 Effective Date: April 22, 2005 Approved: Chief James W. Billings, Jr.

20 9-2.6 CARE OF DEPARTMENT ISSUED WEAPON The responsibility for proper care and maintenance of any Department issued firearm will be assumed by the member to whom the weapon has been issued. Department members who have been issued weapons may be periodically called upon to make their issued weapons available for inspection and/or servicing as deemed necessary by proper authority. Members shall ensure the security of their Department issued firearm(s), and shall not loan said firearm(s) to any person SECURITY OF FIREARMS Weapons shall not be left unsecured in any Department owned vehicle. Department members are responsible for providing appropriate security for all firearms located within their residence, or upon their persons, both to provide for the safety of other persons, and to lessen the possibility of the firearm being obtained and/or used by unauthorized persons HANDLING AND DISPLAY OF FIREARMS Officers shall never brandish a firearm, or remove a firearm from its holster other than in the proper performance of police duty. No provisions of this chapter shall preclude the drawing of an authorized firearm during training or during the course of an arrest or investigation when such action is deemed necessary for the safety of the officer or the public. When a double action firearm is drawn or displayed, IT SHALL NOT BE COCKED. Firearms shall not be drawn, displayed, loaded or unloaded in the police building except when necessary in the proper performance of police duty or when so ordered by a superior officer. Officers assigned to duties not requiring the wearing of the police uniform shall not carry firearms or other police paraphernalia so as to be visible to the public when they are away from the Department facilities.

21 9-2.9 AMMUNITION Firearms will be loaded with approved ammunition only, which shall not be modified in any manner. All required ammunition for firearms incapable of shooting Department issued ammunition, and all ammunition for patrol carbines, must be paid for and supplied by the Department member electing to carry such firearm. Privately or home loaded ammunition may be used during practice and qualifying sessions, provided the member can certify to the range officer that such ammunition has been loaded to factory specifications. Any ammunition not issued by the Department must first be approved by the Chief of Police EXTRA AMMUNITION All on duty officers are required to carry extra Department approved ammunition enabling the officer to fully reload his/her handgun HOLSTERS Only approved holsters shall be utilized to carry primary handguns when on duty. For uniformed duty, the holster must be black, with a basket weave design securely attached to the duty belt, and free of swivels. Duty holsters for primary handguns shall be worn on the strong hand side unless an ankle or shoulder holster is used. Holsters will be equipped with a snapping retainer strap or a mechanical restraining device. All holsters shall be designed for the type of weapon being carried. All holsters shall be of such design that the weapon can be drawn and re-holstered without difficulty FIREARMS TRAINING Training of all officers will be provided by the Department in the safe use and handling of firearms.

22 All personnel, including instructors are required to wear body armor during all firearms training and/or qualifications. Pueblo Police Department Department Order Amends/Rescinds Department Order: Professional Standards Reference: N/A Date of Approval: _March 10, 2006 Effective Date: March 31, 2006 Approved by Chief of Police: James W. Billings Jr. Approved by City Manager: David Galli QUALIFICATION WITH FIREARMS Each member of the Pueblo Police Department shall qualify semi-annually, at a minimum, with every firearm that he/she is authorized to use. Every member of the Pueblo Police Department who is required to be armed with a handgun is required to qualify semi-annually with the primary handgun he/she intends to carry on duty. Additionally, each officer will be required to achieve a passing score on a written test that addresses firearms issues of legal and practical considerations. No primary handgun will be carried on duty unless the member has first qualified with that handgun, except as herein provided. Officers whose primary service weapons have been taken as evidence during an investigation or whose weapons are being repaired or serviced, will have ten (10) working days to make arrangements to qualify with a substitute weapon, and may carry said substitute weapon during the interim. Bureau Commanders shall ensure that qualification sessions are periodically conducted, and that personnel under their command are afforded duty time to qualify as required herein. Any member failing to qualify during his/her scheduled qualification session will be given immediate remedial training and allowed to re-shoot for qualification. The names of those unable to qualify after said remedial training shall be forwarded without delay, through the appropriate Commander to the Chief of Police for a determination of action to be taken. The names of those who have failed to attend a qualification session will be reported to the appropriate Commander and to the Chief of Police. Failure to qualify as

23 directed or to equip oneself with approved equipment or firearms, will subject the offending member to disciplinary action as deemed appropriate by the Chief of Police. Every member of the Pueblo Police Department who is required by the provisions of this manual to be armed with a shotgun, and those authorized to be armed with a patrol carbine, are required to qualify semi-annually with a shotgun of the same make and model as the shotgun to be carried, and with the patrol carbine they are authorized to carry. Failure to qualify with either weapon will be handled in the same manner as specified herein. Officers authorized by the provisions of this manual to be armed with, or to utilize specialized duty weapons or weapon systems are required to qualify with the weapons or systems to be utilized semi-annually, at a minimum. Failure to qualify as directed or to equip oneself with approved equipment or firearms may result in removal from specialized duty assignment or other sanctions deemed appropriate by the Chief of Police. Officers who acquire new weapons, or weapons with which they have not qualified, may contact any Department Firearms Instructor, or in the case of specialized duty weapons, the SWAT Firearms Officer, and make arrangements to qualify at any time on an individual basis. Pueblo Police Department Department Order Amends/Rescinds Department Order Professional Standards Reference: CACP Date of Approval: November 3, 2004 Effective Date: November 22, 2004 Approved: Chief James W. Billings, Jr SHOTGUNS, CARRYING IN POLICE VEHICLES

24 Only Department issued shotguns will be carried in the gun racks of police vehicles unless otherwise authorized by the Chief of Police. Shotguns carried in vehicles which are not equipped with an electronically operated gun lock may be carried in the passenger compartment of the vehicle, but shall be locked in the trunk or otherwise secured when the vehicle is left unattended. If the vehicle is equipped with a gunlock, the shotgun shall be carried in the gun lock, not in the trunk or any other manner VEHICLES TO BE EQUIPPED WITH SHOTGUNS A shotgun shall be assigned to each patrol vehicle. Such assigned shotgun shall be appropriately marked, and shall remain with the assigned vehicle, regardless of which vehicle is being used in the beat. While in the police vehicle the shotgun will be fully loaded with Department approved.00 buck shot ammunition only. The chamber shall remain empty when in the gun rack, and the shotgun shall remain uncocked with the safety off. If the shotgun is a Mossberg M590A1, an additional four rounds of Department approved slug ammunition shall be placed in the gun stock storage compartments. If the shotgun is a Remington 870, an additional five rounds of Department approved slug ammunition shall be placed in the side mounted shell holder if the gun is so equipped. Whenever a police vehicle needs maintenance or servicing which requires the vehicle to be left unattended by Department personnel, the shotgun will be removed from the vehicle and placed in the appropriate division gun locker. Whenever a police vehicle is being washed and left unlocked and temporarily unattended in the basement of the Police Building, the shotgun shall be removed from the vehicle and secured by the officer. Pueblo Police Department Department Order: Amends/Rescinds Department Order: Professional Standards Reference: N/A Date of Approval: April 8, 2005 Effective Date: April 22, 2005 Approved: Chief James W. Billings, Jr.

25 SHOTGUNS, USE OF Subject to the limitations of this chapter on the use of deadly physical force, it will be at the discretion of each officer as to whether he or she uses the shotgun, based upon the circumstances at the time. Officers shall at all times keep in mind the special features, capabilities, and limitations of the shotgun, and shall always place citizen/officer safety first SHOTGUNS, CARE AND MAINTENANCE At the beginning of each officer's shift, he/she shall check the shotgun for cleanliness and operational readiness. The chamber shall be checked to ascertain that it is empty and the magazine shall be checked to make sure it is properly loaded. It shall be the responsibility of each officer to report any maintenance or safety problems, or any missing ammunition to his/her immediate supervisor. It shall be the responsibility of each Watch Commander to direct a periodic inspection of each shotgun assigned to Patrol. Maintenance problems noted shall be reported to the officer in charge of firearms maintenance USE OF FIREARMS Department members shall not discharge a firearm in the performance of police duties except under the following circumstances: 1. To defend him/herself or a third person from what he/she reasonably believes to be the use or imminent use of deadly physical force. 2. To effect an arrest or to prevent the escape from custody of a person whom he/she reasonably believes has committed or attempted to commit

26 a felony involving the use or threatened use of a deadly weapon, or is attempting to escape by the use of a deadly weapon, or otherwise indicates, except through a motor vehicle violation, that he/she is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay. 3. To destroy a dangerous animal, or an animal so badly injured that it should be destroyed to prevent further suffering. 4. When authorized during the course of weapons practice or qualifications PROHIBITED DISCHARGE OF FIREARMS Firearms shall not be discharged under circumstances not in compliance with the law and the provisions of this manual. The discharge of a firearm is prohibited under the following circumstances: 1. As a warning. 2. At or from a moving vehicle except as authorized by this manual. 3. The indiscriminate discharge at a crowd. 4. To effect the arrest of a misdemeanant SURRENDERING FIREARMS Though an officer may be at the mercy of an armed suspect who has an advantage, experience has shown that the danger to the officer is not necessarily diminished by the officer giving up or laying down his/her weapon upon demand. Surrendering a firearm might mean giving away that officer's or another officer's only chance for survival. Accordingly, officers of the Pueblo Police Department should use every tactical means to avoid surrendering a firearm.

27 DISCHARGE OF FIREARM TO DESTROY AN ANIMAL An animal will be destroyed only after all attempts to notify an agency capable of disposing of the animal have been made, and the agency cannot or does not respond within a reasonable length of time. If time permits, officers shall adhere to the following: 1. The animal to be destroyed should be moved to an area of relative safety and placed on the ground to decrease the possibility of a ricochet. All reasonable steps should be taken to ensure the safety of all citizens, property, and other animals. 2. The animal should be shot from close range, and from an angle which would cause the projectile to enter the ground should it exit the animal's body. 3. The animal should be shot in the brain to minimize suffering, unless the possibility of rabies exists or unless the animal has bitten someone and rabies testing is deemed necessary. In such cases the animal should be shot in the chest cavity, just behind either leg. Upon destroying the animal, the Animal Control Section should be notified without delay for removal of the animal's body. If the possibility of rabies exists or if the animal has bitten someone, the body shall be taken to the Animal Shelter or to the Health Department for examination RESPONSIBILITIES UPON DISCHARGE OF FIREARM As used herein, the phrase Officer(s) involved shall mean Police Department employee(s) involved in an incident in which he/she has discharged a weapon either intentionally or accidentally. Immediately following the accidental or intentional discharge of a firearm, the responsibilities of the officers involved are as follows:

28 1. If the discharge of the firearm occurs while the involved officer is on duty, he/she shall immediately notify the dispatcher, who will, in turn, notify the officer's immediate supervisor and Commander, both of whom shall respond to the scene. Internal Affairs shall also be immediately notified by the dispatcher. 2. If the discharge of the firearm occurs while the involved officer is off duty, he/she shall immediately notify the dispatcher, who will, in turn, notify the Sector Sergeant responsible for the sector in which the incident occurred, and the Watch Commander, both of whom shall respond to the scene. If the involved officer's Supervisor and Commander are on duty, they shall also be notified. 3. When an officer from a Division other than Patrol is involved and his/her supervisor and commander are off duty and/or unavailable, a Patrol Sector Sergeant and Watch Commander shall be contacted in lieu of the officer's regular supervisory officers. 4. Incidents involving the shooting of or at a person will be investigated by the Investigations Bureau and Internal Affairs. The investigation will be coordinated by the Chief of Police, and directly supervised by an officer of the rank of captain or above. 5. The Investigations Bureau will focus their investigation on the incident leading to the shooting. The Internal Affairs investigation will focus on compliance with the provisions of Department policy. 6. The officer(s) involved will prepare a report, which shall be submitted as soon as possible after the incident, through the chain of command to the Chief of Police. The report will be prepared in the following sequence and contain the following information: a. Name and commission number of the officer(s) who discharged the firearm. b. The date and time of occurrence.

29 c. The weather conditions at the time of occurrence. d. The type, caliber, and serial number of the weapon(s) discharged. e. The number of shots fired and the direction in which they were fired. f. Description of object(s) fired at (if a person, name, sex, race, date of birth, etc.). g. Whether the object fired at was moving, standing, barricaded, etc., and direction the object was moving if applicable. h. Description of other items in background or line of fire. Description of all items struck by projectiles. i. Position of officer(s) who fired shot(s) at time shot(s) were fired. j. Results of shot(s) (extent of wounds, damage, etc.). k. Disposition of weapon(s) used (how preserved, where taken, etc.). l. Name(s) of supervisors, commanders, investigators, etc. responding to the scene. m. Names of all person(s) present when shot(s) were fired. n. Other pertinent information concerning the incident in narrative form including the reasons for the use of firearm(s), etc ACCIDENTAL DISCHARGE OF A FIREARM, NON-INJURY: INVESTIGATIVE PROCEDURE Accidental shooting incidents not resulting in personal injury will be investigated by the commander and supervisor of the officer involved. The investigation shall be conducted in accordance with regular investigative procedures as follows: 1. The commander responding to the scene shall be responsible for coordinating and supervising a thorough and objective investigation. The

30 supervisor(s) responding to the scene shall be responsible for appropriate protection of the scene and preservation of physical evidence. The supervisor will determine on an individual basis whether the weapon(s) should be collected. 2. All witnesses to the incident shall be interviewed. Department members who are witnesses to the incident shall each prepare an Intra-Department Communication detailing their account of the incident. 3. A complete report (without a case report number) will be prepared by the supervisor(s) conducting the investigation. A copy of the original report, prepared by the involved officer, together with all communications and other paperwork concerning the incident, will be forwarded without delay to the Chief of Police. Copies of the reports and other paperwork will be forwarded to the appropriate Commander, and to Internal Affairs. 4. If the facts of the incident support a conclusion that the discharge was the result of negligence the officer will be required to receive remedial firearms training INTENTIONAL DISCHARGE OF FIREARMS BY OFFICERS AND/OR DISCHARGES RESULTING IN PERSONAL INJURY The investigation of intentional discharge of a firearm by a police officer, other than during firearms qualification or practice or to destroy a sick of injured animal, and discharges resulting in personal injury will be conducted in accordance with regular investigative procedures. The checklist in Appendix 9B may serve as a guide to investigative personnel.