Bexar County Sheriff's Office Policy Manual - Retired Peace Officers PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number New Policy June 10, 2022 Fifty Subject Office of Primary Responsibility...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number New Policy June 10, 2022 Fifty Subject Office of Primary Responsibility Retired Peace Officer Weapons Proficiency and Sheriff’s Administration/Firearms Identification Cards Training Unit/Personnel References Enclosures 18 US 926C, Occupations Code 1701.357, Government Firearms Qualification Code 614.121,614.124,614.1241 Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees New Policy December 1, 2023 7 Approved by: Javier Salazar, Bexar County Sheriff 50.01 POLICY It is the policy of the Bexar County Sheriff’s Office to issue honorably retired peace officers of the BCSO and other qualified retired law enforcement officers so defined under federal and State law an Honorably Retired Peace Officer Identification Card or Qualified Retired Law Enforcement Officer Identification Card in accordance with federal and State laws and upon demonstrating weapons proficiency. 50.02 PURPOSE The purpose of this policy is to provide guidelines for the issuance of Retired Officer Identification Cards as well as the Weapons Certificate of Proficiency that is required to obtain the Identification Card in accordance with federal and State law. 50.03 DEFINITIONS A. HONORABLY RETIRED PEACE OFFICER - A former peace officer who: 1. Previously served but is not currently serving as an elected, appointed, or employed peace officer under Article 2.12, Code of Criminal Procedure, or other law; 2. Did not retire in lieu of any disciplinary action; and 3. Retired from the BCSO or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the BCSO. B. QUALIFIED RETIRED LAW ENFORCEMENT OFFICER – A former peace officer including a former Reserve Deputy Sheriff who: 1. Separated from service in good standing with the BCSO; 2. Before such separation, was commissioned as a Texas Peace Officer by the BCSO; 3. Before such separation served as a commissioned peace officer for an aggregate of 10 years or more; 1  4. During the most recent 12-month period, has obtained, at the expense of the individual, a Weapons Certificate of Proficiency as described by this Chapter and Texas Occupations Code 1701.357; 5. Has no psychological or physical disability that would interfere with the proper handling of a handgun; 6. Is not under the unlawful influence of alcohol or another intoxicating or hallucinatory drug or substance; and 7. Is not otherwise prohibited by federal or other State law from owning or carrying a firearm. 50.04 WEAPONS CERTIFICATE OF PROFICIENCY CARD A. Under provisions of the Texas Occupations Code, Title 10, Section 1701.357, honorably retired Texas Peace Officers and Qualified Retired Law Enforcement Officers may apply for an opportunity to demonstrate weapons proficiency in order to carry a handgun. Once this request is approved by the Sheriff or designee and upon successfully demonstrating their proficiency they may be issued a Weapons Certificate of Proficiency Card, attesting to their proficiency. B. The Weapons Certificate of Proficiency Card must be accompanied by the bearer’s Retired Officer Identification Card in order to legally carry concealed as an honorably retired peace officer or as a qualified retired law enforcement officer (Texas Penal Code(PC) 46.15(a)(5), and 18 USC 926C). C. Retirees desiring to qualify for a Weapons Certificate of Proficiency under Occupations Code 1701.357 shall contact the Sheriff’s Academy Firearms Training Unit (FTU) to schedule a range date appointment. The new retiree will need to report to Personnel to fill out an application (BCSO Form 350-443) to obtain a Retired Officer Identification Card. 1. FEES - As approved by the Bexar County Commissioner’s Court, a fee of $35.00 shall be paid by anyone applying for a Weapons Certificate of Proficiency. Applicants may submit payment in the form of a money order or Cashier’s check made payable to the Bexar County Sheriff’s Office. Personal checks and/or cash will not be accepted. 2. AFFIDAVIT - On arriving at the Sheriff’s Academy at the date and time of their appointment the retiree shall report to the Firearms Training Unit (FTU) staff, either at the Academy or at the firing range, as directed by the FTU. a. The retiree must complete a sworn affidavit affirming that: 1) The officer honorably retired after not less than a total of 15 years of service as a commissioned peace officer with one or more local state law enforcement agencies; or 2) The officer is a qualified retired law enforcement officer as defined by 18 USC 926C; and 3) The officer’s license as a commissioned officer was not revoked or suspended for any period during the officer’s term of service as a commissioned officer; and 2  4) The officer has no psychological or physical disability that would interfere with the officer’s proper handling of a handgun; and 5) The officer has never been convicted of family violence and are not now charged with a family violence offense. b. Once signed, the retiree will be sworn to the truthfulness of the affidavit by a licensed peace officer on the FTU staff and the affidavit and a copy of their paid receipt will be scanned and filed with the retiree’s weapons qualification records. 3. QUALIFICATION - Retirees shall provide their sidearm for inspection by the Firearms Proficiency Control Officer (FPCO) for his/her safety inspection and approval (Texas Admin. Code 218.9). If the sidearm is semi-automatic they must have at least 2 magazines for that weapon. Only a holster made for that weapon will be accepted and must be an outside waistband type holster, no exceptions are allowed. a. Retirees shall provide no less than 150 rounds of ammunition for their sidearm. 100 rounds of ammunition will be used for the live fire training drills. The live fire training drills are mandated for all the retirees to accomplish prior to the firearms qualification course. 50 rounds of ammunition will then be used to successfully complete the BCSO qualification course. Shooters shall complete the current pistol qualification course of fire required of all deputies in the BCSO. b. All shooters will be given 2 opportunities to pass the qualification course. Failure will be recorded if the shooter fails to pass the qualification course after two consecutive tries. An additional 50 rounds of ammunition must be provided by the shooter for their second attempt to qualify if needed. 1) Additional attempts will only be granted with the authorization of the Training Coordinator or designee. 2) Failure on any subsequent retries could result in permanent expulsion from the program. c. Upon successful completion of the qualification course, the retiree will be issued a Weapons Certificate of Proficiency Card by the BCSO Training Academy. No BCSO duty ammunition will be issued. d. Any time a retiree carries a handgun under these provisions he/she will carry both the Weapons Certificate of Proficiency Card and their Retired Officer Identification Card and shall present both cards upon request. 4. SUSPENSION/REVOCATION - A retiree’s Weapons Certificate of Proficiency Card may be suspended or revoked for cause by the Sheriff or Sheriff’s designee. Suspension will be directed any time the retired officer is arrested for a Class B misdemeanor or higher offense and the suspension shall remain in effect until resolution of the case. Revocation will be directed any time the retired officer is convicted of a Class B or higher offense. A certified letter will be sent to any retiree whose privileges under these provisions are revoked. The letter will inform the retiree that: 3  a. The Weapons Certificate of Proficiency Card has been suspended or revoked; b. The retiree is no longer authorized to carry a handgun under the provisions of these sections of law; and c. The Weapons Certificate of Proficiency Card is to be immediately surrendered to the BCSO. 5. RENEWAL/REPLACEMENT - To renew a Weapons Certificate of Proficiency Card, the retiree must contact the Sheriff’s Academy FTU at least 4 weeks before the card is due to expire to obtain an appointment for a range date. The retiree shall follow the same procedures outlined in sections 2 through 4 above to obtain a renewal of the expired card. If a Weapons Certificate of Proficiency Card is lost while still valid, the retiree shall follow the same procedures for renewing an expired card. At the retiree’s discretion the replacement card may be issued showing the original expiration date and no re-qualification firing course will be required, or the retiree may re-qualify on the range and a new expiration date will be established. A $35.00 fee subject to the same limitations as in 48.04 (C) (1) above will be required in either case. 6. RANGE FIRING PRACTICE – Those retirees desiring some practice shooting can do so on Additional Proficiency Training (APT) days after confirming APT days with the FTU for dates and times. Retirees must bring their own ammunition to practice shooting as well. 7. QUALIFICATIONS SCHEDULING - Retiree firearm qualification is held on Tuesdays from 1:00PM- 5:00PM at the County Firing Range. To schedule a qualification course retirees can call 210-335- 6229 or email [email protected]. 8. EXPIRATION - Any Weapons Certificate of Proficiency Card issued under these provisions will expire on the first anniversary of the date the Certificate of Proficiency was issued (Occupations Code 1701.357(d)). Retired officers to whom this section applies may request an annual evaluation and re-issuance of their Weapons Certificate of Proficiency as needed to comply with applicable federal (18 USC 926C) or other laws requiring annual requalification. 50.05 RETIRED OFFICER IDENTIFICATION CARD A. HONORABLY RETIRED PEACE OFFICER – Under the provisions of Texas Government Code 614.121 an honorably retired peace officer holding a Weapons Certificate of Proficiency as described by this Chapter and by Occupations Code 1701.357 may request from the BCSO, if the BCSO was the last agency to appoint or employ them, a Retired Officer Identification Card. The BCSO shall issue them an identification card that includes the following: 1. The full name of the honorably retired peace officer; 2. A photograph of the honorably retired peace officer consistent with the honorably retired peace officer's appearance; 3. The name of the law enforcement agency or other governmental entity that issued the card to the honorably retired peace officer (in this case the Bexar County Sheriff’s Office); 4  4. The signature of the Sheriff, authorizing the issuance of the card to the honorably retired peace officer; 5. The title “Retired Deputy Sheriff”; 6. A brief description of the honorably retired peace officer, including the honorably retired peace officer's date of birth, PID number, height, weight, eye color, and gender; 7. The thumbprint of the honorably retired peace officer; 8. The date the honorably retired peace officer last served as a peace officer for the BCSO; 9. The signature of the honorably retired peace officer; 10. The date the BCSO issued the card to the honorably retired peace officer; and 11. A phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card. 12. The identification card shall will also include: a. "State of Texas" and the state seal; and b. The statement that "This identification card certifies that (insert name of honorably retired peace officer) is an honorably retired peace officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the honorably retired peace officer)." B. QUALIFIED RETIRED LAW ENFORCEMENT OFFICER (INCLUDES FORMER RESERVE DEPUTY SHERIFFS) – Under the provisions of Texas Government Code 614.1241 a qualified retired law enforcement officer as defined by 18 USC 926C and this Chapter who holds a Weapons Certificate of Proficiency as described by this Chapter and by Occupations Code 1701.357 may request a Retired Officer Identification Card from the BCSO if the BCSO was the last agency to appoint or employ them. This identification card will include the following: 1. The full name of the qualified retired law enforcement officer; 2. A photograph of the qualified retired law enforcement officer consistent with the qualified retired law enforcement officer's appearance; 3. The name of the law enforcement agency or other governmental entity that issued the card to the qualified retired law enforcement officer (in this case the Bexar County Sheriff’s Office); 4. The signature of the Sheriff, authorizing the issuance of the card to the qualified retired law enforcement officer; 5. The title “Retired Reserve Deputy Sheriff” if the qualified retired law enforcement officer is a former Reserve Deputy Sheriff, or the title “ Former Deputy Sheriff” if the qualified retired law 5  enforcement officer was previously a full time peace officer with the BCSO who did not retire from the BCSO, but otherwise meets the requirements of 50.03 (B) above; 6. A brief description of the qualified retired law enforcement officer, including the qualified retired law enforcement officer's title, date of birth, PID number, height, weight, eye color, and gender; 7. The thumbprint of the qualified retired law enforcement officer; 8. The date the qualified retired law enforcement officer last served as a peace officer for the BCSO; 9. The signature of the qualified retired law enforcement officer; 10. The date the BCSO issued the card to the qualified retired law enforcement officer; and 11. A phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card. 12. The identification card shall will also include: a. "State of Texas" and the state seal; and b. The statement that "This identification card certifies that (insert name of qualified retired law enforcement officer) is a qualified retired law enforcement officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the qualified retired law enforcement officer)." C. The Weapons Certificate of Proficiency Card must accompany the Retired Officer Identification Card in order to legally carry a concealed handgun as an honorably retired peace officer or as a qualified retired law enforcement officer (Texas Penal Code(PC) 46.15(a)(5), and 18 USC 926C) 50.06 PROHIBITIONS A. Handguns carried under the provisions of this Chapter will not be openly carried and shall be instead carried concealed. This Chapter does not authorize the carrying of other weapons beyond handguns that the retiree has demonstrated their proficiency in using. B. Any retiree who has had their Weapons Certificate of Proficiency Card suspended under Section 50.04 (C) (4) of this Chapter shall not carry their Retired Officer Identification Card and shall not carry a concealed handgun under the provisions of this Chapter while the suspension is in effect. Officers who have had their Weapons Certificate of Proficiency Card revoked shall not carry a concealed handgun under the provisions of this Chapter and shall surrender their Retired Officer Identification Card to Personnel or to the BCSO when surrendering their Proficiency Card. C. Retirees whose Weapons Certificate of Proficiency Card is expired shall not carry a concealed handgun under the provisions of this Chapter until said Proficiency Card has been renewed. 6 D. Retirees who choose to carry a concealed handgun under the provisions of this Chapter and under the authority of the BCSO are responsible for familiarizing themselves with any applicable State, local, or federal law in regards to the proper handling of firearms and conduct while carrying and handling firearms. In addition, during those times a retiree is carrying a concealed handgun under the provisions of this Chapter and under the authority of the BCSO the retiree agrees to be bound by any applicable rule of conduct in the Sheriff’s Manual in regards to deputy’s conduct in dealing with members of the public and safe handling of firearms. E. Retirees shall not carry a concealed handgun under this Chapter while under the influence of alcohol, while otherwise intoxicated through the use of illegal narcotics or drugs, or while under the influence of lawfully prescribed intoxicating medications such as prescription opiates, etc. Also, retirees shall not carry a concealed handgun while having any level of impairment causing the loss or control of their mental/physical faculties that would interfere with the retiree’s proper handling of a handgun. F. Retirees shall not display or present their Retired Officer Identification Card when openly carrying a handgun under the State of Texas’ Firearm Carry Act of 2021, and not under the authority of the BCSO. 50.07 REPORTS REQUIRED Any time that a retiree discharges a concealed handgun carried under the provisions of this Chapter outside of the scope of lawful discharge at a firing range or as part of firing practice as authorized by the laws of this State, the retiree shall make a report with the BCSO no later than the close of business the day following the incident. If a report is made by an outside agency as part of a larger incident, the retiree shall provide the case number of the outside agency to the BCSO with details of the discharge incident. 7