USE OF FORCE/FIREARMS

Transcription

1 PURPOSE AND SCOPE USE OF FORCE/FIREARMS The purpose of this policy is to structure the use of firearms and the use of force by Morehouse School of Medicine Police Department employees and to provide a framework within which law enforcement duties can be properly and lawfully discharged by police officers. Since police have 24-hour-a-day / 7-day-a-week law enforcement powers, this policy will be adhered to concerning off-duty conduct as well as on-duty conduct. This policy also applies to civilian employees who may encounter situations with the public where a degree of force is required in order to carry out and complete their job responsibilities. USE OF FORCE / POLICY STATEMENT It shall be the policy of the Morehouse School of Medicine Police Department to maintain stringent guidelines on the use of force by agency personnel. Authorized police officers shall be trained in approved methods of self-defense and the agency s use of force policy. Officers acting within their official capacity may use only that amount of force which is reasonably necessary to affect lawful objectives. Justifications for using force are these facts known or perceived by an officer at the time force is utilized. All officers shall act in good faith in the exercise of use of force; conform with the provisions of Georgia Statutes, and to this policy directive. Police officers shall never use a greater degree of force than that which is lawful, reasonable, and necessary for the specific situation. Such reasonable and necessary force may be used: A. to affect an arrest, B. to overcome unlawful resistance, C. to prevent an escape from custody, investigative detention, or D. to prevent an unlawful assault upon the officer or another person. The use of physical force will end when resistance ceases, when resistance has been overcome, or when the arrest has been accomplished. If the subject s resistance reoccurs, the physical force necessary to gain compliance will be used. Officers shall not mentally or physically abuse any person that they contact or take into their custody or control. Justification for the use of force is limited to what reasonably appears to be the facts known or perceived by the officer at the time he/she decides to use such force. Facts unknown to the officer, no matter how compelling, cannot be considered in later determining whether the action was justified. Officers using force must be able to articulate the need and justification for the use of force and the reasons why the use of force utilized was selected. Full disclosure of the circumstances requiring the use of force, and the type and extent of force, shall be Rev Page 1

2 thoroughly documented in the Use of Force Report completed in conjunction with the Incident Report. The following sections of this Policy will examine the various types of force that may be appropriate. They will be considered on the basis of their objective reasonableness as determined by U.S. Supreme Court Case Graham v. Conner, Tennessee v. Garner and applicable Georgia State Law. DEFINITIONS A. AGGRESSIVE ACTION - A physical assault by a subject on an officer or a third person that could lead to severe physical injury. B. CANINE (K-9) - A dog assigned to an officer for law enforcement purposes. C. CHEMICAL DEFENSE EQUIPMENT Chemical agents that are used in use of force situations to subdue an individual, force subjects from an area, or deny an area to be used by subjects. D. CONTROLLED TAKEDOWNS Techniques that redirect, in a controlled manner, a subject to the ground in order to limit their physical resistance and to facilitate the application of a restraining device. E. DEADLY USE OF FORCE - Force which is intended to or likely to cause death or great bodily harm (OCGA ). F. DIRECTED FIRE Firing weapons with the goal of forcing a suspect to take cover, limit their movement, and reduce their ability to return fire to allow officers to gain positional advantage or evacuate injured persons. Shots fired or aimed at a specific location, which will not endanger innocent persons and are justified to accomplish the stated purpose. G. EMPTY-HAND CONTROL - Empty-hand control is a physical technique that may include many different methods of subject control. Some of these methods may include but are not limited to guiding a subject s movements to an escort position, to joint locks, pressure point control methods, empty-hand strikes and kicks. Techniques that are less likely to cause injury to a subject are known as soft empty-hand controls. Those techniques that have a higher probability of injuring a subject are known as hard empty-hand controls. 1. Soft empty-hand techniques such as touching, escort holds, pressure point controls, controlled takedowns, etc., may be appropriate for use against minor resistance. 2. Hard empty-hand techniques are those that have a higher probability of creating soft or connective tissue damage, skin lacerations, or bone fractures which require medical attention. Techniques that are considered hard emptyhands include stunning and striking actions delivered to a subject s body with the head, hand, arm, leg, or foot. Preferably, the target for these techniques will be major muscle groups such as the legs, arms, shoulders, or side of the neck. Strikes delivered to such muscle groups should create muscle failure, Rev Page 2

3 thus inhibiting muscle action and allowing an officer to bring a subject under control. However, in extreme cases of use of force, an officer may need to strike more fragile areas of the body where the potential for injury is even greater. H. FORCIBLE FELONY - Any felony which involves the use or threat of physical force or violence against any person. I. GREAT BODILY HARM (SERIOUS PHYSICAL INJURY) - A bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of the functioning of any bodily member or organ. The phrases great bodily harm and serious physical injury are considered synonymous for purposes of this policy directive. J. INTERMEDIATE WEAPONS Intermediate weapons are defined as agencyapproved tools which provide a method for controlling a subject when deadly use of force is not justified but when empty-hand control techniques may not be sufficient in effecting control over a subject. Whenever an officer uses an intermediate weapon for control, it should be used with the intent to temporarily disable a subject and never with the intent of creating a permanent injury. K. NON-DEADLY USE OF FORCE - An action which is neither likely nor intended to cause death or serious physical injury. L. NON-LETHAL MUNITIONS- Rounds that can be discharged via a 12-guage shotgun, 37mm or 40mm launchers, or grenade that are designed not to inflict great bodily harm when used properly. M. NON-LETHAL WEAPONS - Tools that are designed not to inflict great bodily harm when used properly which may include but are not limited to electro muscular disruption devices and non-lethal munitions. N. PAIN COMPLIANCE Techniques that force a subject to comply with an officer as a result of an officer inflicting controlled pain upon specific points on a subject s body, such as pressure point techniques or joint manipulation. O. PHYSICAL CONTROL - The necessary employment of law enforcement restraints and/or other use of protective action by an officer without the use of intermediate or lethal weapons. P. REASONABLE BELIEF - The facts or circumstances that would cause a reasonable and trained officer to act in a similar manor under the circumstances. Q. RESISTANCE - A refusal to comply with lawful orders or commands. No response, verbal threats or assaults also constitute resistance. 1. PHYSICAL RESISTANCE May include but is not limited to: dead weight, bracing, tensing, attempts to push/pull away, not allow an officer to get close or overt attacking movements that do not allow the officer to achieve compliance. Rev Page 3

4 2. NON-PHYSICAL RESISTANCE May include but is not limited to: refusal to comply with lawful orders or commands, verbal comments or assaults, psychological intimidation, clenching fists, widening foot stance, blank stare and other forms of body language. R. RESTRAINT DEVICES Mechanical tools used to restrict a subject s movements, such as handcuffs, flex cuffs, leg irons, belly chains and nylon or plastic restraining devices. S. SIMPLE ESCORT - When a directional command, minor joint manipulation, and/or touch may be utilized to direct or guide a subject who is resistant or simply in the need of protection. T. UNUSUAL INCIDENTS Incidents that include the deployment of specialized units (SWAT, TASK FORCE, Warrants, etc ). U. USE OF FORCE - The use of force by an officer to overcome a person s physical resistance to an officer s performance of a legal duty, to protect an officer or another person from physical resistance or acts of aggression that are likely to cause bodily harm, or is used to apprehend a fleeing criminal suspect. V. VERBAL DIRECTION - An officer tells or commands a subject to engage in, or refrain from, a specific action or non-action. Morehouse School of Medicine Police Officers shall treat all persons, regardless of their involvement in a situation, with humanity, courtesy, and the dignity due any human being, to the extent that such treatment is allowed by the subject's actions. They shall maintain a professional bearing at all times. They shall not be argumentative or engage in acts that might incite a subject to become physically aggressive. LEGAL JUSTIFICATION Depending upon the resistance encountered, Officers may be legally justified in using force that escalates from non-deadly force to deadly force as described below. A. JUSTIFICATION FOR USE OF NON-DEADLY FORCE 1. When necessary to preserve the peace, prevent commission of offenses, or prevent suicide or self-inflicted injury. 2. When making lawful arrests and searches, overcoming resistance to such arrests and searches, preventing escapes from custody or investigative detention; and 3. When in self defense, or defense of another against unlawful force to his/her person. In the use of non-deadly force, officers shall use agency-approved empty hand techniques and intermediate weapons in connection with which they are trained, qualified, and certified as determined by the agency training procedures. Rev Page 4

5 An officer may use preemptive physical force before any overt moves are made by a subject if the nonverbal resistance given by a subject indicates an immediate potential for violence and/or an officer believes that physical force is necessary to prevent a subject from fleeing or injuring themselves, others, or another officer. B. JUSTIFICATION FOR THE USE OF DEADLY FORCE Use of deadly force by an officer during his/her performance of duty is restricted by O.C.G.A to the following: Sheriff s and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only: 1. When the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; 2. When the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or 3. When there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm if the officer reasonably believes that the suspect s escape would create a continuing danger of serious physical injury to any person. Nothing in O.C.G.A shall be construed to restrict such sheriff or peace officer from the use of such reasonable non-deadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant. C. While O.C.G.A defines the situations where officers may utilize force, members of MSMPD should refer to O.C.G.A where the situation is not otherwise covered by O.C.G.A Specifically, O.C.G.A provides as follows: a. A person is justified in threatening or using force against another when and to the extent that he reasonably believes that such threat of force is necessary to defend himself or a third person against such other s imminent use of unlawful force; however, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or a third person or to prevent the commission of a forcible felony. b. A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he: (1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant; (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such Rev Page 5

6 person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force. D. When faced with an allegation of excessive force under the Fourth Amendment, the Courts will look at four factors. These factors will be evaluated using an objective standard to decide whether the officer s actions are objectively reasonable in the light of the facts and circumstances confronting him at the scene, without regard to his underlying intent or motivation. The objective standard will be viewed from the perspective of a reasonable officer on the scene under the same conditions and not in hindsight. The factors are: 1. The severity of the crime at issue; 2. Whether the suspect poses an immediate threat to the safety of the officers or others; 3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight; and 4. The extent of the intrusion upon the person. Allowances must be made for the fact that officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Graham v. Connor, 490 U.S., at 386 (1989). E. It would be objectively reasonable for a law enforcement officer to use deadly force when faced with an imminent danger of serious bodily harm or death to the officer or some third party who is present at the scene, to prevent escape in cases where the officer had probable cause to believe that the fleeing suspect had been involved in a violent felony involving the infliction or threatened infliction of serious bodily harm or death; and that officers should give a warning where feasible. Tennessee v. Garner, 471 U.S. 1 (1985) F. All force used by MSMPD officers shall be consistent with this policy and all applicable Federal and State laws. All uses of forces are meant to be used with reasonable objectiveness FIREARMS RESTRICTIONS The use of warning shots is not authorized. Except in those instances which do not endanger innocent persons and are justified by unusual or exigent circumstances MSMPD officers are not authorized to use a firearm to: 1. Attempt to disable an occupied motor vehicle or other occupied conveyance; 2. Shoot at or from a moving vehicle; or 3. Use directed fire. Rev Page 6

7 FACTORS AFFECTING OFFICERS APPROPRIATE USE OF FORCE A. In properly determining the appropriate response to a subject s resistance, several factors must be evaluated by an officer. For instance, an unarmed, small-framed female juvenile subject may be displaying aggressive actions, but may only require empty-hand control by an average officer. In contrast, a single officer faced with a very large professional wrestler or football player may find that his/her response to even mild physical resistance must be met with hard empty-hand control, intermediate weapons, or non-lethal weapons to effect control over the subject. It should be remembered that by law, an officer need not retreat in their effort to lawfully control a subject, but may utilize the amount of force necessary to accomplish his/her lawful duty. B. Additional factors that should be considered when making decisions regarding the appropriate use of force include: 1. SUBJECT FACTORS a. Severity of the crime committed by the subject; b. Size, age, and/or weight of a subject; c. Apparent physical ability of a subject; d. Number of subjects present who are involved, or who may become involved; e. Weapons possessed by or available to a subject; f. Subject s apparent state of intoxication via alcohol or other drugs. 2. OFFICER FACTORS a. Size, physical ability, and empty hands skill level of an officer; b. Number of officers present or available; c. The necessity for immediate reaction in the case of sudden attack; d. Weapons or restraint devices immediately available to an officer; e. Prior knowledge of subject s history of violence; f. Presence of innocent individuals or potential victims in the area; g. Whether a subject can be recaptured at a later time; h. Whether evidence is likely to be destroyed i. Legal requirements; Rev Page 7

8 j. Agency policy An officer s reaction to verbal threats should be based on a reasonable perception of the validity of the threat, a subject s ability to carry out the threat and an officer s own physical ability to manage the threat. If a subject s body language during a threat indicates their intention to increase their resistance, an officer should prepare to increase to intermediate weapons, or even to lethal weapons if a subject has a weapon or has such physical advantage that the threat of death or great bodily harm exists or other subject or officer factors are present as described in this policy. USE OF FORCE TOOLS A. VERBAL SKILLS The direction and result of most encounters with subjects can be controlled by good communication skills on the part of an officer. In most encounters, the mere presence of an officer and proper verbal direction will be sufficient to resolve potential problems and allow an officer to execute their duty. Again, this will require good communication skills and patience on the part of an officer. Good communication skills and proper application of communication techniques can prevent many physical confrontations from escalating. Officers are encouraged to consciously develop and practice good communication skills as part of their basic proficiency in law enforcement techniques. Verbal directions should be used and should continue to be used during all uses of force by the officer. B. HANDCUFFS AND RESTRAINTS The purpose of handcuffs, leg cuffs, flex cuffs, and transport cuffs is to restrain the movement of a subject in a manner that allows a safe means for transporting a subject. Restraining devices also can be used to prevent further physical resistance from a subject. Whatever the application, restraining devices should be considered temporary in nature and as a means for safely achieving other goals. When a subject is arrested and restrained, the officer shall document in the incident report that the subject was handcuffed, by whom and if applicable that the restraints were double locked and checked for tightness. No other documentation of handcuffing is required unless the subject makes a complaint after the initial application and checking of the restraints. If a complaint is made after initial application and checking of the restraints, it shall be documented in the report what actions were taken and by whom in response to the complaint to insure that the restraints were double locked, if applicable, and checked for tightness. Checked for tightness means the restrains are tight enough that the subject cannot escape from them by sliding their hand or foot out of the restraint but not so tight as to restrict circulation or interfere with the nerves of the hand, wrist, ankle, or foot. This is normally determined by being able to place one finger of the officer between the restraint and the subject s body. Documenting handcuffing in an incident report is only required if the subject is arrested. Rev Page 8

9 C. APPROVED INTERMEDIATE WEAPONS 1. Department approved intermediate weapons are the baton, chemical defense equipment, non-lethal weapons, electro muscular disruption device, and canine. a. The baton or expandable baton shall be between 16 and 34 in length when extended and constructed of an alloy, polymer, or wood. Uniformed officers may carry the expandable baton in a scabbard attached to and matching the issued belt. b. Chemical defense equipment may include but is not limited to spray, foam, grenade, extinguisher, launchers or any other devices designed to disperse a chemical agent c. Non-lethal weapons may include but are not limited to non-lethal munitions, electro muscular disruption devices or diversion area devices. 2. Officers shall not utilize or carry on duty on their person or in an agency vehicle any intermediate weapons that are not approved for use by the department. Officers shall not carry or use any intermediate weapon for which they have not received training and demonstrate proper proficiency with their respective intermediate weapons. 3. Officers shall not brandish or use an intermediate weapon as an intimidation device unless an officer is attempting to prevent the further increase of resistance by a subject. D. FIREARMS E. OTHER WEAPONS OF LAST RESORT The agency recognizes that in some extreme circumstances the situation may dictate using other implements into service as weapons. These may include but are not limited to the officer's flashlight, clipboard, knife, radio, etc. The use of such objects, degree of exigency present in the situation and the totality of the circumstances will be examined, as in any other use of force incident. A motor vehicle may be the instrument of deadly force. All personnel shall be cognizant of this fact, therefore, at all times exercise sound and prudent judgment concerning the operation of agency vehicles. Agency motor vehicles shall be operated pursuant to current agency orders and directives and applicable Georgia laws. MEDICAL ATTENTION REQUIRED Officers shall arrange for the transportation of a subject to a medical facility when: A. the suspect has suffered serious injuries at the hands of any involved party, or when symptoms of serious injury become apparent. Rev Page 9

10 B. due to the force utilized, there is a reasonable risk of internal injuries that may not initially manifest themselves in any visible fashion. The suspect shall be examined, treated and admitted to the medical facility or released to the officer with a written medical release from the attending physician prior to the suspect being booked. If the suspect refuses medical attention at the medical facility, the officer shall request that the attending physician note the refusal in the medical records made by the physician and obtain a written medical release. Additionally, the officer shall note the medical attention or declination of medical attention in his / her report of the incident, along with the name of the attending physician. If chemical agents are used, officers must recognize the effects of, and treatment for individuals sprayed with these agents. Suspect should be decontaminated as trained based on the chemical agent when tactically safe to do so. PSYCHOLOGICAL DEBRIEFING In order to minimize the effects of stress involved in the use of deadly force, any officer directly involved in a deadly force incident will be placed on "administrative leave" directly upon completion of their preliminary report of the incident. This leave will be without loss of pay or benefits, pending the results of the investigation. The assignment to administrative leave will not be interpreted to imply or indicate that the officer has acted improperly. While on administrative leave, the officer must be available for official agency needs regarding the incident. The officer will not discuss the incident with persons outside of the agency except: A. personnel of the District Attorney's Office; B. the officer's private attorney; C. the officer's psychologist; D. the officer's chosen clergy; or E. the officer's immediate family. In all cases where any person has been seriously injured or killed as a result of the use of force by an officer, the involved officer will be required to undergo emotional debriefings with an agency-furnished psychologist within three (3) days of the incident. The purpose of debriefings will be to allow the officer to express his / her feelings and to deal with the after-effects of the incident. The debriefings shall not be related to any agency investigation of the incident and nothing discussed in the debriefings will be reported to the agency. The debriefing sessions will remain protected by the privileged Professional Psychologist Code of Ethics. The psychologist will forward a report to the Chief of Police as to when the officer should return to duty. Rev Page 10

11 In any use of force case where an officer has fired their firearm and it needs to be seized as evidence, prior to their relinquishing their firearm the officer shall be issued a replacement firearm. USE OF FORCE REPORTS A. All use of force acts, except those expressly excluded in paragraph B, shall be reported and investigated as set forth in this section. Accidental discharge of a firearm shall also subject the officer to the same reporting and investigation requirements set forth in this section. 1. Verbal Report All use of force acts (except as set forth in paragraph B herein) shall be verbally reported to a supervisor immediately by the officer using force. 2. Written Report Upon receipt of the immediate verbal report, the officer s immediate supervisor shall investigate the use of force and document his/her findings on a Use of Force Report, describing in detail the circumstances surrounding the use of force and including such other Incident Reports and statements deemed necessary for a complete description. 3. Photograph of Injuries Any injury sustained by a criminal suspect as a result of a use of force shall be photographed by the supervisor or a crime scene technician, after medical attention has been received pursuant to Section Reports The supervisor shall immediately notify the Chief of Police. The Use of Force Report shall be submitted to the Chief with a complete copy of all applicable Incident Report(s) and any other relevant documents attached. 5. Chief Review The Chief shall review the Use of Force Reports and make a finding as to whether the force was justified and in accordance with State law and agency policy. The Use of Force Report with the attached applicable Incident Report(s)/document(s) and the Chief s findings shall be sent to the Atlanta Police Department and the Georgia Bureau of Investigation. B. EXCEPTIONS TO REPORTING REQUIREMENTS The mere presence of a uniformed officer, verbal commands from an officer to a subject, the simple escort of a subject, or takedowns in unusual incidents may be considered uses of force, however, unless extenuating circumstances exist, the Rev Page 11

12 FIREARMS officer is not required to report such an event to a supervisor and a Use of Force Report is not required. Additionally, the discharge of a weapon for training or recreational purposes shall not require a verbal or written Use of Force Report. The purpose of this policy is to establish procedures for the carrying of firearms by authorized personnel and to ensure those employees are properly trained. Individual law enforcement agencies have the autonomy and discretion to regulate the use and carrying of firearms by their law enforcement officers. It is imperative that control of firearms be strictly maintained and that training in the use of firearms is continuous. It shall be the policy of the Department to regulate the types of firearms carried by agency personnel. It shall also be the policy of the agency to prohibit personnel from carrying any firearm prior to being qualified, issued a copy of the Use of Force policy directive and trained in the agencies policies relating to the use of non-lethal and deadly force. A. AUTHORIZED HANDGUNS The Chief of Police or designee is the designated authority for approval of all firearms/ammunition, whether agency issued or personally owned carried by officers both on and/or off duty. The Training Coordinator shall maintain a record on each weapon approved by the agency for official use. Authorized personnel while on duty shall carry an agency issued semi-automatic pistol as prescribed below. 1. Safe-action ; 2. Chambered for.40 caliber and manufactured by Glock (Model 22, 23, 27); 3. Secondary or back-up firearms carried by personnel, whether agency issued or personally owned, on or off duty must first be approved by the Chief Other calibers may only be authorized by the Chief for special details and/or special units based on justifiable circumstances. Officers wishing to carry a secondary or backup firearm may do so with the approval of the Chief. 4. Agency-authorized armorers shall complete all repairs or alterations to agencyissued firearms. Personally owned firearms shall be maintained in factory configuration, except for minor modifications to accommodate different hand sizes and strengths such as extended slide releases or extended magazine releases. Any such modification must be presented to the Training Coordinator or designee at the time of qualification or upon modification for inspection and approval. Uninspected and/or unapproved modified or altered weapons shall not be allowed. All repairs to personally owned firearms shall be at the owner's expense. B. OFF-DUTY WEAPONS Rev Page 12

13 Police Officers when off duty are encouraged to carry or have in their possession an agency-authorized firearm but are not mandated to do so. When off-duty, authorized personnel may carry a firearm on or about their person within the geographic limits of the State of Georgia and in compliance with HR 218 (National Concealed Carry for Cops). Authorized personnel shall carry their agency badge and identification card in order to properly identify themselves as law enforcement officers, when carrying or having at their immediate disposal an agency-authorized firearm prior to taking necessary law enforcement action. C. SHOTGUNS Shotguns shall be an agency issued or agency approved. All shotguns must be 12 gauge, pump action or semi-automatic with a barrel length of no less than 14" and no more than 26". D. RIFLES Rifles capable of shooting high velocity ammunition may be agency issued or approved personal weapons. All rifles shall be pump or semi-automatic with a barrel length no less than 10 and no more than 26 and manufactured in.223 caliber Personnel requesting to carry agency approved rifles must have an approved Authorization for Patrol Rifle form on file with the Training Section, have completed a 24-hour POST certified patrol or tactical rifle course within the last two years or be a POST Certified Firearms Instructor. In addition, officers must successfully qualify at least annually after their Authorization for Patrol Rifle form is approved with their rifle. Agency personnel assigned to the SWAT team or the Training Section are authorized to use fully automatic weapons and high-powered rifles. Other weapons may be utilized by the SWAT Team as approved by the SWAT commander or above. While carried for duty, rifles shall be loaded with only agency-issued or agency approved ammunition. E. AMMUNITIONS Ammunition for all authorized firearms carried by personnel on or off duty shall be restricted to agency-issued or ammunition approved by the Training Coordinator or designee. All supervisors are responsible for ensuring that personnel within their span of control carry only agency-issued or approved ammunition. Ammunition shall be furnished for all agency-issued firearms. Only factory-loaded ammunition shall be used for qualification of personally owned firearms. FIREARMS/WEAPONS QUALIFICATIONS Authorized personnel shall receive in-service training on the agency s Use of Force policy and be required to qualify at least once per calendar year or on demand with any Rev Page 13

14 firearm/weapon that is authorized for use or carry. Semi-annual qualification is required by all personnel authorized to carry high powered rifles and fully automatic weapons. A certified firearms instructor must monitor this training. A. An inspection shall be conducted by a certified on-duty range instructor on all issued/approved handguns/weapons at the time of qualification. Any firearm / weapon found to be defective shall be immediately withdrawn from use, repaired and shall not be carried until re-inspected. 1. A score of 80% or higher on the qualification course shall be required to qualify, indicated by a Pass/Fail system. 2. Personnel shall be allowed no more than three (3) attempts to qualify on the same day. 3. Documentation of satisfactory completion of in-service training and firearms/weapons qualification shall be maintained in the Training Section. 4. Officers with a medically approved disability or injury may be exempt from firearm qualification. Written medical documentation must be recorded in their training, personnel and Internal Affairs file. Officers with medical or physical exemptions shall not be permitted to use or carry a firearm. B. QUALIFICATION FAILURE If an officer fails to qualify with any firearm/weapon that is authorized for use or carry as outlined in Part A of this section, the on-duty range instructor shall notify the officer to immediately turn in the firearm/weapon to the Training Section for storage. Officers failing to qualify with a handgun shall not be allowed to perform sworn certified duties until they have successfully completed qualification pursuant to this section. The Training Section shall immediately ensure verbal notification to the officer s immediate supervisor of the failure to qualify with an agency firearm/weapon. If any officer is unable to qualify after remedial instruction, the officer s immediate supervisor shall be notified and the officer shall be placed on administrative leave without pay or the officer may be reclassified into another position. Written notification via or memorandum of the failure to qualify after remedial instruction shall be made to the Chief within two (2) business days. Any officer failing to qualify with a firearm shall not be authorized to carry the firearm on duty or as an authorized off duty firearm. CARRYING OF FIREARMS Authorized personnel shall carry and use firearms in a careful, prudent manner in accordance with Georgia law and agency rules and regulations. Upon successful completion of firearms training, each authorized employee shall be approved to carry their agency-approved firearm on and off duty. All authorized personnel shall maintain proficiency in the use of firearms and only those who demonstrate such proficiency Rev Page 14

15 during qualification shall be authorized to carry their personal firearms on duty. All personnel shall keep their firearms clean and in good operation. A. FIREARMS SAFETY 1. It is imperative that each individual exercise extreme care in the handling of all weapons, always emphasizing safety, whether on or off duty. 2. Holsters shall not be unsnapped or sidearms removed from holsters unnecessarily. 3. Shotguns and rifles should be carried in the vehicle in the patrol ready configuration. Patrol ready means the chamber is empty, (for shotguns) the action is released, the safety is off and rounds are loaded only into the magazine. Once removed from the vehicle, rifles and shotguns may be carried with the chamber loaded based on the officer s perception of a deadly force situation. Shotguns and rifles should be returned to the patrol ready configuration when the situation is stabilized and they are returned for storage in the vehicle. 4. Confiscated and found weapons shall not be placed into evidence loaded. 5. Particular attention should be given to the removal from and replacement of the handgun to its holster. 6. The safe and secure storage of weapons at home while either on or off-duty shall be given special consideration. Whenever an issued firearm is not under the personal control of the officer, it shall be secured in the issued locking case. Examples of personal control would include instances when the weapon is being worn as part of the uniform or while being carried by the officer in an offduty status. 7. An officer shall be responsible for the security and safekeeping of all issued and/or approved firearms. Any lost or unaccounted for firearm shall be reported as soon as possible to the immediate supervisor and an Incident Report shall be completed. AMMUNITION SPECIFICATIONS All issued ammunition shall meet the following specifications: A. Handguns B. Shotguns S&W; gr caliber; gr mm; gr. Rev Page 15

16 1. 00 Buck rounds 2. Bean Bag rounds 3. Breaching rounds 4. Polyshock multi-purpose rounds C. Rifle/Specialty Weapons caliber; gr caliber; gr. Ammunition specifications shall be updated whenever a new round is approved by the Training Section for use by the agency. Rounds no longer in use shall be deleted whenever they are discontinued. Rev Page 16