Boca Raton Police Services Department Use of Firearms and Ammunition PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.310 USE OF AUTHORIZED FIREARMS AND AMMUNITION Revised: March 25, 2019 I. PURPOSE: This departmental standards directive creates the rules and regulations regarding the use, storage, maintenance and proficiency standards app...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.310 USE OF AUTHORIZED FIREARMS AND AMMUNITION Revised: March 25, 2019 I. PURPOSE: This departmental standards directive creates the rules and regulations regarding the use, storage, maintenance and proficiency standards applicable to authorized firearms and ammunition. II. POLICY: It is the policy of the Department that all law enforcement officers (LEOs) are proficient in the safe operation of the various firearms authorized for use on and off-duty. This departmental standards directive shall be considered in conjunction with other directives regarding the appropriate response to resistance and use of other Department-issued weapons. III. DEFINITIONS: Ready Condition: Refers to a rifle with the bolt forward on an empty chamber with the magazine inserted. Safe Condition: Refers to a rifle with the magazine removed and the chamber empty. Secured Condition: Refers to a rifle with the magazine removed, the chamber empty and the bolt to the rear with a Department-approved cable lock through the ejection port/magazine well. IV. BASIC REQUIREMENTS: A. REGULATIONS APPLICABLE TO ALL FIREARMS: 1. No law enforcement officer will be authorized to carry any firearm, on or off-duty until the following criteria have been met: 4.02, 4.05 a. The LEO has demonstrated proficiency in the use of the firearm b. The LEO has received copies of and been instructed in all Department policies and procedures concerning response to resistance. 4.02 c. The weapon has been inspected and approved by the rangemaster or assistant rangemaster. 2. LEOs are subject to the following regulations regarding Department-issued and personally owned firearms: Effective: April 25, 2008 Revised: March 25, 2019 Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 1 of 8 a. LEOs must hold a current Florida Department of Law Enforcement (FDLE) basic certification. 4.03 b. LEOs shall receive training regarding all Department policies and procedures on the appropriate response to resistance and familiarization with the Florida State Statutes (FSS) provision on the appropriate use of force and the law applicable to law enforcement use of firearms. c. 10.10 LEOs shall be required to qualify annually on an approved course: 4.05, i. LEOs shall qualify every other year on an FDLE weapons qualifications course and attain a successful score (which is defined as 80 percent or better of the rounds striking the designated target area within the required time limit). ii. On years when a LEO does not qualify on an FDLE weapons qualifications course, the LEO shall qualify on a course prescribed by the Department’s Training Unit. d. LEOs shall not modify Department-issued firearms in any manner. Any modifications must be approved and completed by the rangemaster or his/her designee and documented in the Department’s electronic records management system. 4.05 e. Only handgun or rifle magazines issued and approved by the Department shall be carried while on-duty (with the exception of magazines used for off-duty weapons). 4.05 f. If a LEO opts to carry two additional magazines for the Department issued handgun, he/she must purchase the same make and model issued by the Department and have the magazines approved by the rangemaster or his/her designee prior to carrying the magazines. The rangemaster or his/her designee will document the additional magazines in the Department’s electronic management system. 4.05 g. Handgun magazines on the Class B uniform shall be limited to a fivemagazine maximum and a three-magazine minimum. No more than two magazines shall be carried on the pistol belt and a maximum of two magazines may be worn on the outer vest. One magazine will be inserted into the handgun. 4.05 h. Rifle magazines shall be limited to two magazines, one stored in the magazine well, and one stored in the vehicle, which can be easily accessed when deploying the rifle. i. If a LEO believes that any weapon utilized on or off-duty is not functioning properly, the rangemaster or assistant rangemaster must be notified as soon as practical. Effective: April 25, 2008 Revised: March 25, 2019 Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 2 of 8 j. LEOs are prohibited from consuming alcoholic beverages within eight (8) hours prior to any firearms training. k. Department-issued firearms and ammunition are not authorized for recreational use. l. LEOs attending the police academy as employees of the Department are not authorized to carry any firearm except as required for use at the training facility. 4.03 m. LEOs shall comply with FSS 790.174 which requires handguns stored inside a residence to be locked and inaccessible to juveniles. LEOs will ensure that firearms stored inside of their residences be properly secured. Firearms are not to be left inside of vehicles without being locked inside of the trunk or vault secured to the vehicle. Firearms shall not be left inside of a vehicle when the vehicle is left for maintenance or repair. B. APPROVED ON-DUTY FIREARMS: 4.05 1. LEOs shall carry the Department-issued Smith & Wesson M&P 9mm handgun. The Department-issued holster will be utilized by LEOs while on-duty. 2. LEOs assigned to the SWAT team will carry the handgun specified in Appendix A Weapons List of this directive for primary on-duty use. 3. LEOs assigned to the VIN & SIU Units will carry the handgun specified in Appendix A Weapons List of this directive for primary on-duty use. 4. LEOs may carry any of the approved handguns listed in the Appendix A Weapons List as a back-up weapon while on-duty. C. APPROVED REQUIREMENTS: 4.05 OFF-DUTY FIREARMS; OFF-DUTY 1. LEOs are authorized, but not required, to carry a handgun when off-duty in the State of Florida, with the exception of those occasions when the LEO is operating a Department vehicle. LEOs operating Department vehicles while off-duty are required to be suitably armed with a Department-issued or approved off-duty firearm. 2. While off-duty, LEOs will ensure that their weapons are concealed at all times. LEOs must be in possession of their badge and ID card when carrying weapons off-duty. 3. LEOs may carry any of the approved handguns listed in the Appendix A Weapons List while off-duty. 4. LEOs desiring to carry an off-duty weapon not appearing on the approved list in Appendix A Weapons List must submit a written request to the chief of police through the chain of command requesting that their weapon be added to the list. LEOs are responsible Effective: April 25, 2008 Revised: March 25, 2019 Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 3 of 8 for providing a signed copy of the approval to the Training Unit and the Accreditation Office. 5. While off-duty, weapons shall be carried in a holster designed to securely hold the weapon in a concealed fashion and prevent its accidental discharge. 6. D. LEOs will not carry firearms when consuming alcoholic beverages. AMMUNITION: 4.05 1. Only ammunition issued by the Department shall be used for weapons carried onduty or off-duty. See Appendix B Ammunitions List. 2. Exploding tip, armor piercing, pyrotechnic or ammunition with more than one projectile in the same round are prohibited except for use by the SWAT Team. V. PATROL RIFLES: A. B. GENERAL GUIDELINES: 1. rifle. All LEOs shall be issued the Department-issued AR-15 semi-automatic .223/.556 2. LEOs are authorized to deploy the rifle as required to achieve lawful purposes. TRANSPORT AND STORAGE: 1. When stored in a Department vehicle, patrol rifles will be carried in a locked security rack mounted in the vehicle and maintained in ready condition. In the event that a vehicle does not have a security rack installed, rifles will be carried in the trunk and maintained in secured condition. SWAT Team members will transport their rifles in locking vaults installed within their vehicles, if so equipped. 2. Rifles that are being stored inside a LEO's residence or in an assigned locker at a police Department facility will be maintained in secured condition. 3. Rifles may be stored in privately owned vehicles for a short period of time. The rifle must be locked in the trunk utilizing a cable lock and maintained in secured condition. Cable locks, approved by the rangemaster, must be purchased at the LEO's expense. C. SAFE HANDLING OF RIFLES: 1. When preparing a rifle for storage or off-duty transport, officers will utilize the clearing tube located on the patio outside the police Department kitchen or the range if available to make the weapon safe: a. Effective: April 25, 2008 Revised: March 25, 2019 Place the fire selector switch on the safe position Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 4 of 8 b. Insert the muzzle into the clearing tube c. Remove the magazine d. Lock the bolt to the rear e. Verify the chamber is clear VI. WEAPONS INSPECTION: A. All issued firearms will be inspected annually by the rangemaster or assistant rangemaster. The inspection will take place during annual firearms qualification and include at a minimum: 4.05 1. Overall condition and functioning of the weapon 2. Condition of issued ammunition 3. Condition of magazines B. Supervisors shall ensure that firearms and magazines are visually inspected at least once a month and documented in the Department’s RMS system during line inspections. Inspections will include an overall function and condition test. It is the supervisor’s responsibility to ensure that LEOs carrying more than three handgun magazines have received approval by the rangemaster or his/her designee and ensure the LEOs are wearing the magazines properly. C. Any weapons not functioning properly will be removed from service and submitted to the rangemaster for repair. 4.05 D. In the event a LEO believes that a weapon is not functioning properly, the LEO should notify the rangemaster immediately so that arrangements can be made for either inspecting the weapon or issuing a loaner. 4.05 VII. WEAPONS QUALIFICATION: 4.05 A. The Training Unit will maintain an inventory of issued firearms. Additionally, the training sergeant will maintain records of all qualifications. B. LEOs are required to qualify with each issued weapon and any approved offduty/supplemental-duty use weapons, at a minimum of once each calendar year with the rangemaster or assistant rangemaster. The annual weapons qualification will include a review of the Department's use of force policy, applicable use of force statutes, case law, and a demonstration of the safe and proficient use of the weapon to include assembly/disassembly of major components. C. The rangemaster may limit the quantity of off-duty and back-up firearms with which a LEO may qualify. Effective: April 25, 2008 Revised: March 25, 2019 Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 5 of 8 D. If a LEO fails a qualifying session with the Department-issued primary firearm, the LEO will be provided with additional training and another opportunity to qualify. Once a LEO fails during a qualifying session, he/she must achieve two consecutive qualifying scores prior to returning to full duty. Additional training and practice will continue until two consecutive passing scores are achieved or until the rangemaster determines that further efforts during that day's tour of duty would not be beneficial. 10.04 E. Repeated failure to attain the required qualifying scores and failure to demonstrate proficiency and competence with the issued firearm after a maximum period of 30 days will be cause for disciplinary action up to and including dismissal from employment with the city. 10.04 F. LEOs who fail to qualify with the Department issued primary firearm will surrender their issued weapons and be assigned to a non-uniformed, administrative function. LEOs who have surrendered their firearm will not operate a Departmental vehicle and will not work off-duty details. 10.04 G. Any LEO who unintentionally discharges a firearm on or off duty will undergo remedial training. 10.04 H. The LEO must demonstrate safe handling procedures with his or her primary duty weapon as well as the specific weapon involved in the unintentional discharge. 10.04 VIII. DEPARTMENT RANGE: A. Only certified law enforcement LEOs shall be permitted to fire a weapon at the range. Exceptions to this rule must be approved by the chief of police. B. Rules for using the Department’s range include, but are not limited to, the following: 1. Always treat any firearm as if it were loaded 2. Always load and unload a firearm with the weapon pointed down range unless instructed otherwise by the instructor 3. Always point the muzzle of a firearm in a safe direction 4. Always keep a firearm pointed down range and raise your free hand to notify an instructor if you are unable to resolve a malfunction 5. Always be sure of your target, backstop, and beyond before firing 6. Always wear safety glasses and hearing protection during live fire 7. Do not pick up dropped ammunition or reloading devices unless the command is given by an instructor 8. No LEOs shall place their finger on the trigger of a firearm unless he/she immediately intends on discharging the firearm Effective: April 25, 2008 Revised: March 25, 2019 Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 6 of 8 9. Do not move beyond the firing line unless the line has been declared safe and the command has been given by an instructor 10. Do not anticipate a command 11. Do not leave your firearm unattended 12. Do not talk on the firing line unless instructed to do so by range staff 13. Do not leave the firing line until an instructor has inspected your firearm and the command to do so has been given 14. Do not use your firearm while under the influence of alcohol or any drug that may cause impairment. IX. WEAPONS IN COURT: A. WEAPONS IN PALM BEACH COUNTY COURTROOMS: 1. LEOs shall adhere to the following conditions when carrying a Departmentapproved firearm into a Palm Beach County courthouse: a. The LEO shall only be permitted to carry the firearm if on official business b. The LEO shall have completed a weapons retention safety course within the last year c. The LEO shall wear the Class A uniform d. The firearm shall be secured in a Level 3 holster 2. Upon entry, the LEO shall present their Department ID card and documentation stating the purpose of their visit (e.g. subpoena, notice of hearing, etc.) to personnel at the entrance/screening area. 3. LEOs shall not carry a firearm into a courtroom, hearing room, or any judicial office without the permission of the presiding judge. If the presiding judge does not permit the firearm, the LEO shall securely store the firearm in a designated area at the courthouse security checkpoint. 4. Effective: April 25, 2008 Revised: March 25, 2019 For more information, see Appendix D Administrative Order from Chief Judge. Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 7 of 8 B. WEAPONS IN ALL OTHER COURTROOMS: 1. LEOs shall not wear weapons in court, except on request of the trial judge, magistrate, or court liaison supervisor. Approved: Daniel C. Alexander Chief of Police Effective: April 25, 2008 Revised: March 25, 2019 Date: Use of Authorized Firearms and Ammunition Directive No. 01.310 Page 8 of 8