Bexar County Sheriff's Office Firearms And Training Policy PDF

CHAPTER 8 – FIREARMS AND TRAINING REV. APRIL 15, 2014 8.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) that only designated, approved firearms and ammunition shall be used by members of the BCSO, and that all BCSO members armed with firearms shall meet or exceed the Texas...

CHAPTER 8 – FIREARMS AND TRAINING REV. APRIL 15, 2014 8.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) that only designated, approved firearms and ammunition shall be used by members of the BCSO, and that all BCSO members armed with firearms shall meet or exceed the Texas Commission on Law Enforcement (TCOLE) requirements for annual proficiency training and qualification, and the safe handling of firearms. 8.02 PURPOSE To ensure Sheriff’s Deputies and Detention Officers are adequately trained, qualified, and that each individual maintains proficiency in the safe use and handling of their assigned firearm. 8.03 DEFINITIONS A. Law Enforcement Patrol Shotgun (LEPS): A BCSO-issued or authorized personally owned pump action 12 gauge shotgun manufactured by a reputable firearm company and approved by the BCSO FPCO. The barrel length shall be no shorter than 18 inches and no longer than 20 inches. Only BCSO SWAT members are authorized to carry the Benelli semi-automatic shotgun once successfully passing the appropriate class. B. Firearms Training Unit (FTU): A section of full time deputies assigned to the BCSO Academy as full time firearms instructors and armorers, and supervised by the Firearms Proficiency Control Officer. C. LEPS Certification Card: A card that is carried by the Law Enforcement Deputy who has successfully completed the 3 day (24) hour course which has the make, model, serial number, gauge, PID number of the Deputy, effective / expiration date and the signature of the FPCO. D. Law Enforcement Patrol Rifle (LEPR): a BCSO or authorized personally owned semi-automatic, center fire,.223/5.56 caliber law enforcement style carbine manufactured by a reputable firearm company and approved by the BCSO FPCO. The barrel length shall be no shorter than 16 inches and no longer than 20 inches. Barrels shorter than 16 inches may be approved on a case by case basis for SWAT and Judicial Emergency Response Teams (ERT). E. Firearms Proficiency Control Officer (FPCO): A full time Deputy assigned to the BCSO Academy as a full time FPCO as required by paragraph 217.21 of the Texas Administrative Code. F. AR-105 Form: A pocket card issued by the FTU to deputies who have successfully qualified with their personally-owned LEPR, which authorizes the deputy to carry that rifle on duty. G. Personal Identification Number (PID) - is a unique computer-generated number assigned to individuals for identification in the TCOLE electronic database issued by the Texas Commission on Law Enforcement. Effective date April 30, 2014 82 8.04 PROCEDURES The BCSO Firearms Program is designed to ensure that the Sheriff’s firearms policy is carried out. This chapter contains the procedures needed to comply with the policy. All Deputies and Detention Officers shall be knowledgeable of these procedures and comply at all times. A. For the purposes of this chapter the use of the term(s) “Deputy, Deputies or Deputy Sheriff” refers to the officers assigned to the Law Enforcement or Detention Division who are licensed Texas Peace Officers and have been commissioned as Deputy Sheriffs in and for Bexar County. B. For the purpose of the chapter the use of the term “Detention Officer(s)” refers to those officers who have been licensed and commissioned as Detention Officers but have not been licensed or commissioned as Texas Peace Officers. C. This Program is not intended to regulate an employee in the lawful and prudent use of privately owned firearms for purposes such as recreation, hunting and or competition shooting. D. All Deputies and Detention Officers commissioned by the Sheriff, regardless of status, i.e. full- time, part-time, or Reserve, are required to conform to this policy in its entirety. E. Each firearm to be carried for official law enforcement duties must have its serial number, make and model recorded with the BCSO Firearms Proficiency Control Officer (FPCO). 8.05 DEPUTIES/DETENTION OFFICERS RESPONSIBILITIES A. Deputies/Detention Officers will maintain their County issued firearms by keeping it clean, and in good working order at all times, and shall present them for safety and operational inspection by the FPCO or FTU staff during annual proficiency/qualification firing. Personally-owned firearms shall also be inspected before annual proficiency/qualification firing, and documented on the authorization paperwork carried with the weapon, and a copy filed in the armory asset tracking system. B. Any weapon found to be improperly maintained shall be immediately removed from service until such time as the weapon is brought into serviceable order and re-inspected by the FTU/FPCO. C. All LEPS’s and LEPR’s must be removed from the law enforcement vehicle at the end of the deputies' shift and properly secured. Weapons shall never be left overnight in an unattended vehicle. The care, custody and control of the LEPS and LEPR are the sole responsibility of the Deputy to whom they are assigned. 8.06 FIREARMS PROFICIENCY CONTROL OFFICER A. FPCO is a position mandated by TCOLE for every law enforcement agency. The FPCO manages all official firearms and weapons training for the BCSO, maintains necessary records concerning each deputy’s authorized firearm(s), as well as the deputy’s evaluations and proficiency with those firearms. B. The FPCO manages BCSO issued firearms and maintains the repair and inventory of County owned firearms. Additional FPCO responsibilities include but are not limited to ensuring availability of adequate parts, cleaning materials, targets, and ammunition for County owned firearms. The FPCO provides the Chief of Training with a final report on all firearms training and firearms inventory status. Effective date April 30, 2014 83 8.07 AUTHORIZED FIREARMS A. The Sheriff has approved the following firearms (non-specialized) as authorized duty firearms for Deputy Sheriff/Detention Officers of the BCSO. B. Deputy Sheriffs 1. On-Duty: a. Handgun: Glock model 22, 23, or 27,.40 caliber, semi-automatic pistol. b. Shotguns: Mossberg/Remington/Winchester/Benelli Pump action 12 gauge. See Appendix A. Law Enforcement Shotgun Policy. c. Rifle: Any AR-15/M16 style rifle manufactured by a reputable firearms company and approved by the BCSO FPCO. See Appendix B. Law Enforcement Rifle Policy. NOTE: No other shoulder type firearms are authorized for individual carry or use by any member of the BCSO without authorization from the Sheriff or designee. 2. Off-Duty: a. Deputies who have been issued a County handgun or who own a personal firearm which conforms to those approved by the Sheriff, may carry it off duty. All personal firearms must be inspected and approved for carry by the FPCO and the Deputy must demonstrate proficiency with it prior to final carry authorization being granted. Should the Deputy not be familiar with the safe and proper function and operation of the firearm then a transition or familiarization course and proficiency evaluation must be successfully completed prior to the firearm being issued or carried. b. All authorized personally owned Glock.40 caliber pistols must conform to the same mechanical standards as the County issued Glocks. c. Deputies are restricted to a maximum of three (3) approved, off-duty firearms, excluding their County issued firearm, if applicable. NOTE: With the approval of the Sheriff, a Division Administrator may authorize the use of other firearms during undercover or plain clothes operations. When other firearms have been authorized they must be inspected and certified acceptable for use by the FPCO or other authorized person. C. Detention Officers 1. Detention Officers may be assigned or employed in an armed capacity during the performance of their official duties, once they have successfully completed the TCOLE Jail Firearms Qualification Course #3599. If required for a detail they will be issued, on a temporary basis, an authorized duty firearm, (1) duty holster, (1) double magazine carrier, and (3) loaded magazines by an authorized supervisor. This firearm(s) and associated equipment must be returned to the issuing authority’s control at the end of their shift. Effective date April 30, 2014 84  a. Bexar County issued handgun: Glock model 22,.40 caliber semi-automatic pistol. b. Bexar County issued Shotguns: Mossberg pump action 12 gauge 2. Detention Officers shall not carry personally owned firearms while performing their official duties under the authority of the Sheriff. 3. Detention Officers shall not carry a firearm while in an off-duty status unless they have been issued a Concealed Handgun License (CHL) from the Texas Department of Public Safety (DPS) and are in compliance with current CHL laws. 4. Detention Officers identified in paragraph D above shall not enter any County or Federal facility or any other prohibited facility when armed even though they may possess a Concealed Handgun License (CHL) (Penal Code 46.035). D. Approved semi-automatic firearms: 1. Uniformed Deputy: Glock model 22 or 23,.40 caliber semi-automatic handgun 2. Non-Uniformed Deputy: Glock model 22, 23, or 27,.40 caliber semi-automatic handgun 3. Off-duty Glock, Colt, S&W, Berretta, Sig-Sauer semi-automatic pistols, or as determined and approved by the Sheriff or Firearms Training Unit. NOTE: The barrel measurements are taken from the breech face to the muzzle. All semi-automatic firearms must be inspected and function tested by a member of the FTU staff prior to approval and shall fall within the following criteria for use. a. Minimum caliber:.380 ACP b. Maximum caliber:.45 ACP c. Minimum Barrel: not less than 3 inches d. Maximum Barrel: not to exceed 5 inches E. Approved revolvers: 1. Revolvers may be carried by off-duty deputies only, 2. Approved manufacturers are: Colt, Smith & Wesson, Ruger, Taurus, Charter Arms and others may be approved by exception through coordination with the FPCO. NOTE: Barrel measurements are taken from the frame to the muzzle. All approved revolvers must be either five or six shot double action type in good repair. All revolvers submitted for approval will be inspected and function tested by a member of the FTU staff prior to approval for use and evaluation. a. Minimum caliber:.38 SPL Effective date April 30, 2014 85  b. Maximum caliber:.357 Magnum c. Minimum barrel: not less than 2 inches d. Maximum barrel: not to exceed 4 inches NOTE: Any firearm failing to meet specifications and/or inspection will not be approved for use. F. Back-up firearms: Approved Back-up firearms must meet the above specifications. All Back-up firearms must be concealed, with the location and placement at the discretion of the individual deputy. All firearms qualifications will be conducted from the concealed location. Back-up holsters shall be of a minimum Threat Level I. G. In addition to the regular authorized duty firearm, authority to carry additional or other firearms on-duty may be granted by the Sheriff or designee. H. Such authority shall be recorded through the use of form AR-105 [Authority to Carry Additional/Other than Authorized Duty Firearm]. This form must fully and completely identify the firearm in question and the weapon must meet the requirements in order to be approved. I. A supply of form AR-105 is maintained by the FPCO and or Training Academy Office. 8.08 COMPLETION PROCEDURES FOR FORM AR-105 A. Each deputy requesting to carry any other and/or an additional firearm on-duty other than the authorized duty weapon shall complete a form AR-105. The AR-105 requires approval of the appropriate Division Administrator. B. Procedures for completing the form AR-105. 1. Deputy obtains form AR-105 from FTU staff. 2. Deputy fills out weapons information and obtains signature of authorizing Division Administrator. 3. Deputy presents completed form AR-105 and weapon to FTU staff at a scheduled range evaluation/training day. FTU staff inspects weapon and deputy fires evaluation course of fire. 4. Upon completion of the evaluation course of fire FTU staff signs form AR-105; and forwards a copy to the authorizing Division Administrator. 8.09 HOLSTERS FOR FIREARMS A. Policy requires carrying all firearms, on-duty or off-duty, in an approved holster. 1. Duty: a. Uniformed Deputies: Minimum Retention Level II Effective date April 30, 2014 86  b. Non-Uniformed Deputies: Minimum Retention Level I c. Plain Clothes Deputies: Minimum Retention Level I d. Undercover/Narcotics Deputies: Minimum Retention Level I e. SWAT/ERT/Raid Units: Tactical thigh-ride holsters are restricted to use by authorized “SWAT/ERT/Raid” units while conducting operations and shall not be used for annual weapons training/qualification or uniformed duty purposes. 2. Off-Duty Holsters: The type, style and placement of an off-duty holster is at the discretion of the deputy except as prohibited below, off-duty holsters shall at a minimum be a Retention Level I. 3. Unauthorized Holsters: The following holsters are not authorized for on or off duty use by any deputy while wearing any uniform combination, plainclothes, or non-uniform unless requested through the FPCO and approved by the Sheriff: a. Clam-shell type holsters of any type. b. Shoulder type holster. c. Cross-draw type holster. 8.10 CARRYING OF FIREARMS Licensed Peace Officers commissioned by the Sheriff are required to carry or have immediate access to a firearm at all times on and off-duty (PC.46.15). Deputies carrying a firearm exposed shall also display the official agency badge in close proximity to the weapon or in plain view. The weapon will be carried with a live round in the chamber and contain a fully charged magazine. 8.11 SECURITY AND CONTROL OVER FIREARMS A. Firearms must not be stored in unlocked desks or cabinets, or otherwise left in places where they become accessible to unauthorized person(s). Likewise, concerning vehicles, homes, and other similar locations away from the office, firearms should be stored only in secured places when not on the deputy’s person. (PC. 46.13) B. Deputies/Detention Officers must be aware of situations where they may be required to relinquish control over their firearms in order to comply with appropriate regulations. Examples of such might include entering a county jail, or visiting a penal institution, testifying in court as a witness or travel by commercial airline. The primary concern is ensuring safety when removing a weapon from the holster in order to secure it. When provided, a gun box may be used to store the firearm safely. If a gun box is not available the following “Rendering Safe” procedures are followed: 1. Out of the public view, remove firearm from the holster and point in a safe downward direction. Effective date April 30, 2014 87  2. Remove magazine from firearm and place in a secure location. 3. Ensure the firearm is pointed in a safe downward direction and eject the live round from chamber. 4. Lock slide to rear most position using slide lock lever and store firearm where directed. 5. Retrieve ejected live round and store with magazine or firearm. C. When retrieving the firearm from storage, deputies shall use the techniques taught during firearms training to load and make the firearm ready for use. Each deputy should check any returned firearm to make sure that the serial number is the same as the firearm that was stored. When any firearm is placed in a briefcase or luggage for air travel, the airline shall be advised in advance of this action. The deputy is responsible for ensuring that the briefcase or luggage is properly secured. 8.12 AUTHORIZED AMMUNITION A. The FTU will issue all duty and training ammunition for.40 caliber pistols carried by on-duty deputies/detention officers, for use in both issued and authorized personal Glock pistols. The FTU will maintain a list of approved ammunition types and recommended bullet weights for use by members of the Sheriff’s Office in their personal off-duty firearms. B. Off duty weapon – If a BCSO issued firearm is carried off-duty, only issued ammunition shall be carried. If a personally owned firearm is carried, a hollow point round in a bullet weight desired by the deputy is the only approved ammunition. C. The FTU shall issue all duty and training ammunition for use with approved LEPS’s: Deputies will be issued 5 rounds of Slug and 5 rounds of “00” or “000” buck on a yearly basis. D. The FTU shall provide all duty and training ammunition for use with approved LEPRs 1. Deputies will be issued 60 rounds of new duty ammunition on a yearly basis or as needed in exchange for the old ammunition. 2. Ammunition for non-job related activities must be purchased by the deputy at their own expense. 3. Reloaded ammunition shall not be authorized for use. 8.13 ACCOUNTABILITY OF FIREARMS AND RELATED EQUIPEMENT A. The FTU shall maintain an up to date, current inventory of all firearms and related equipment owned by the County. These firearms shall be listed by make, model, serial number and county property number where applicable, to whom the firearm is issued, and their duty assignment. B. When required, it is the responsibility of the FTU staff to devise a satisfactory system for marking all county owned weapons. Effective date April 30, 2014 88 C. The FTU staff shall make periodic inspections of county owned firearms, checking their location, ensuring that records are accurate, and that firearms have not been neglected. D. The FTU staff will conduct an annual inventory of all county-owned firearms and submit a report through the Chief of Training and the Chief Deputy to the Sheriff. E. Deputies/Detention Officers will immediately report any damaged or inoperative county owned firearm to the FTU staff. An information report will be made describing the malfunction, problem, and any damage. The report and the firearm are turned over to a member of the FTU staff. The FTU staff will report any misuse or negligence in the care of county owned firearms to the appropriate administrator through the Chief of Training. 8.14 FIREARMS PROGRAM AND RANGE CONTROL A. The FPCO shall be responsible for the overall planning and conduct of an approved firearms training program for the Sheriff’s Office. The FPCO and FTU staff are responsible for ensuring the safety of all BCSO employees and other agency employees at any firing range under their control. The FTU staff ensures that a proper training and safety conscious atmosphere is maintained at the range. B. The FPCO maintains a list of all certified firearms instructors in the BCSO and calls upon their assistance, when needed, to ensure maintenance of safe range conditions. Their availability shall be conditional upon their workload at the time of need. Appropriate arrangements should be made with their Division Administrator. C. The FPCO and FTU staff are responsible for the cleanliness of the range and may call upon anyone utilizing the range to assist in range clean-up such as picking up brass, emptying trash cans, and performing other general clean-up activities when they have completed firing. Range maintenance is a necessary ingredient to a successful and safe firearm-training program. 8.15 RESPONSIBILITY FOR CONTINUAL FIREARMS TRAINING A. The Texas Commission on Law Enforcement (TCOLE) rule 217.21 mandates that licensed Texas peace officers qualify once every calendar year (TOC 1701.355). It is the policy of the BCSO that officers shall qualify annually with the specific firearm(s) they carry. B. No waivers shall be granted nor exceptions made to this policy. An employee either qualifies with the handgun at least once during the calendar year under the BCSO Firearms Program, or surrenders the right to carry a firearm. C. Nothing herein prohibits a deputy from off-duty continual firearm practice throughout the year as a result of personal initiative. Additional practice is highly recommended to help deputies maintain the proficiency and the FTU shall support this effort by reserving a minimum of two ‘additional proficiency training (APT)’ days per month. On APT days deputies may conduct self-paced weapons proficiency firing for practice. 8.16 NEW EMPLOYEES TO THE BEXAR COUNTY SHERIFF’S OFFICE All new employees, regardless of any prior experience as law enforcement officers, shall be evaluated on the range by the BCSO FPCO or a firearms instructor designated by the FPCO before carrying a Effective date April 30, 2014 89 firearm in the name of the Sheriff of Bexar County. If the new employee is issued a County firearm they must attend the 24-hour training course and be evaluated by the FTU staff. Upon completion of the training course and evaluation the employee may carry the County issued firearms. Deputies purchasing authorized personal duty or off-duty firearms must successfully complete an evaluation course of fire prior to receiving authorization to carry that firearm. 8.17 FIREARMS COURSE OF TRAINING A. The firearms courses used on the range may change, depending on the needs of the BCSO. Each firearms course will meet or exceed TCOLE minimum standards. B. All actual firearms courses are carefully selected and approved by the Chief of Training prior to their implementation. All approved courses shall be consistently used throughout the year so that all deputies fire the same program for any given firearms evaluation period. C. The annual evaluation period will be based on in-service training. Should unusual or unforeseen circumstances prevent a Deputy or Detention Officer from attending regularly scheduled in-service training they may, upon the approval of the Sheriff through the Chief of Training, attend a later range date not exceeding a two week period. D. The FPCO/FTU staff shall schedule additional firearms training for those officers who did not pass the evaluation upon request by the appropriate Division Administrator. E. In the event an employee cannot pass the firearms evaluation after receiving additional/remedial training, a report will be prepared by the FPCO and forwarded to the Sheriff and the Division Administrator through the Chief of Training placing the deputy in a Non Weapons Carrying Status (NWCS). F. All employees who fail to report for training/evaluation under the Sheriff’s firearms program will be reported in writing by the FPCO/FTU staff through the Chief of Training. G. The course of fire for the annual firearms qualification course will be maintained by the FPCO and made available to any employee on request. Courses shall be approved for the handgun, shotgun, and other approved weapons as needed. Only those deputies with duties requiring use of a shotgun, and other approved weapons will be evaluated on courses involving those weapons. All handgun evaluation courses of fire are designed along the “Pass/Fail” system of evaluation. Details for the exact scoring procedure are on file in the Training Academy and available on request by employees. 8.18 RANGE RULES A. Range rules are designed around one purpose: To insure the safety of all persons on the range. Consequently, the rules outlined in the chapter are to be explicitly followed by all employees. B. Employees are required to follow the instructions of the FPCO and instructors while on the range. Failure to follow instructions will result in ejection from the range, with appropriate reports being forwarded to the Division Administrator through the Chief of Training. Effective date April 30, 2014 90 C. Range rules are provided by the FPCO to all Administrators, posted on the bulletin boards of each Division, and posted at the range. All personnel must be familiar with the range rules. The rules are based on common sense, and require all personnel to exercise the same while on the range. D. All deputies have the responsibility of reporting any unsafe act or condition to the FPCO or the FTU staff while at the range. E. Cardinal rules of firearms safety: 1. Always treat firearms as if they are loaded! 2. Never let the muzzle of any firearm cover anything you are not willing to destroy; 3. Keep your finger off the trigger and outside the trigger guard until you are ready to shoot; 4. Shoot only the intended target; 5. Be aware of your target and beyond; 6. Deputies are responsible for the proper operation and safe handling of all firearms; 7. Firearms are not loaded or unloaded in any portion of the sheriff’s office except for maintenance, repair, cleaning, inspection, or processing as evidence by crime scene unit members, or under the supervision of training academy personnel. 8. Loaded firearms, other than the deputy’s primary handgun and secondary handgun, are not carried into or stored in any portion of the sheriff’s office. 9. Firearms are not left unsecured in any portion of the sheriff’s office, but are stored in a locked area that is not accessible to the public. 10. Deputies, both on and off duty, must carry handguns in an authorized holster while carrying the handguns on their person (i.e. on the belt, waist, ankle, etc.). a. Deputies working in plain clothes, special assignment, as well as off-duty deputies may carry handguns in a container such as a purse, briefcase, fanny pack, handgun carry bag, etc. b. Handguns carried in containers are not required to be in a holster when such containers secure the handgun in a manner that would prevent: 1) The handgun from becoming readily accessible to unauthorized persons; 2) Accidental discharges; and 3) Exposure of the handgun in the public. Effective date April 30, 2014 91 NOTE: Additional Range Rules and Range Safety will be provided prior to the start of any firearms class or qualification course of fire. 8.19 SAFETY PRECAUTIONS To insure complete reliability, a weapon shall not be used for any purpose other than that intended by the maker. Should an employee notice anything unusual or irregular pertaining to the weapon’s performance, IMMEDIATELY unload the weapon and restrict from further use. Return the weapon immediately to the FPCO or FTU staff for inspection. Danger of an unintentional discharge could exist! 8.20 CARE AND MAINTENANCE A. All weapons shall be properly cleaned and oiled after any firing. The FPCO and the FTU staff will provide specific information on individual request. B. All BCSO issued firearms will be examined periodically for damage or loose parts. Any repair or replacement or upgrading of parts are made only by the FTU. The armorers within the FTU are the ONLY personnel authorized to repair or work on any BCSO issued weapon. Any request for an exception to this rule shall be forwarded to the Chief of Training and Policy Division, with full justification for the request. APPENDICES: A - Law Enforcement Patrol Shotgun B - Law Enforcement Patrol Rifle Effective date April 30, 2014 92