Columbus Police Division Directive 2.03 Firearms Regulations PDF

EFFECTIVE NUMBER Columbus Police Aug. 01, 1987 2.03 Division Directive REVISED TOTAL PAGES Mar. 30, 2020 9 Firearms Regulations I. Definitions A. Primary Serv...

EFFECTIVE NUMBER Columbus Police Aug. 01, 1987 2.03 Division Directive REVISED TOTAL PAGES Mar. 30, 2020 9 Firearms Regulations I. Definitions A. Primary Service Firearm 1. The Division-issued Smith & Wesson model M&P9 M2.0 9mm full-size semi-automatic pistol. 2. The Division-issued Glock model G17 Gen5 9mm full-size semi- automatic pistol used only by sworn personnel in SWAT and In-Tac Unit assignments. B. Alternate Firearm A Division-issued or privately owned firearm authorized for carrying instead of the primary service firearm, provided applicable Division qualification standards are met. A list of Division-approved firearms is available at the Ordnance Unit. C. Off-Duty/Back-Up Firearm A Division-issued or privately owned firearm authorized for carrying during non-work hours or in addition to the primary service firearm/ approved alternate firearm during work hours, provided applicable Division qualification standards are met. A list of Division-approved firearms is available at the Ordnance Unit. II. Policy Statements A. Sworn personnel shall annually meet Division qualification standards with any firearm they intend to carry while on or off duty. This does not apply to personal rifles, shotguns, and/or handguns used only for recreational purposes. B. Sworn personnel shall use Division-approved firearms only when reasonable and within policy. C. Sworn personnel shall not carry personally owned shotguns or rifles on duty or while working special duty except as stipulated otherwise in this directive and other applicable Division publications. D. Carrying Loaded Firearms Note: This policy does not apply to personal rifles, shotguns, and/or handguns used only for recreational purposes or for personnel traveling directly to or from duty locations. Directive 2.03 Revised 03/30/20 Page 1 of 9  1. Within the City of Columbus a. Full-time sworn personnel shall carry a loaded authorized firearm at all times with the following exceptions: (1) When it would be a violation of law (2) When it would be impractical (3) When ordered not to by a competent authority, such as a court, or not permitted to by Division policy or restrictions Note: Justification for not carrying a firearm shall be required. In the State of Ohio, an establishment serving the public cannot prohibit or restrict sworn personnel from carrying an authorized firearm on the premises. 2. Outside of the City of Columbus a. On-duty sworn personnel shall carry a loaded authorized firearm at all times with the following exceptions: (1) When it would be a violation of law (2) When it would be impractical (3) When ordered not to by a competent authority, such as a court, or not permitted to by Division policy, travel regulations, or restrictions Note: Justification for not carrying a firearm shall be required. In the State of Ohio, an establishment serving the public cannot prohibit or restrict sworn personnel from carrying an authorized firearm on the premises. b. Off-duty sworn personnel are authorized (but not required) to carry a firearm unless one of the exceptions listed in Section II,D,2,a applies. E. When required or authorized to carry a firearm, sworn personnel shall carry and use only those firearms and ammunition that have been approved by the Chief of Police, and with which they have satisfied the qualification standards established by the Division of Police and the Ohio Peace Officers Training Commission. 1. By March 1st of each year, Ordnance Unit personnel shall review the Approved Firearms & Ammunition List and send it through the chain of command to the Chief of Police for final approval. F. Sworn personnel in uniform shall carry only the Division-issued full-size primary service firearm as the primary firearm unless otherwise authorized by the Chief of Police. 1. Sworn personnel who are currently issued both full-size and compact service firearms may carry the compact on the duty belt while in uniform, provided they have qualified on the state-mandated (OPOTA) course. For example, a detective issued both firearms may wear the compact while working special duty if the detective has qualified with it on the OPOTA course. 2. Sworn personnel at the rank of lieutenant or above, when wearing the blouse, may carry an authorized alternate firearm in a concealed manner. Page 2 of 9 Revised 03/30/20 Directive 2.03 G. Sworn personnel shall not carry a loaded firearm within a court building or courtroom when attending court on any personal/private matter unless prior approval is obtained from the Judge, Magistrate, or Jury Commissioner (if on jury duty). H. Sworn personnel shall be given the opportunity to qualify up to three authorized alternate or off-duty/back-up firearms. An annual maximum of up to 450 rounds shall be provided by the City for the purposes of qualifying with those approved firearms. Once personnel have qualified, no more rounds shall be allocated for that firearm. I. Practice Round Allotments 1. For the primary service firearm, sworn personnel shall be allotted a weekly maximum of 50 practice rounds provided by the City. 2. For authorized alternate or off-duty/back-up firearms, a semi-annual maximum allotment of 50 practice rounds shall be provided by the City. Note: The practice rounds available are.45,.40,.38 Special, and 9mm ammunition only. 3. For authorized patrol rifles, a biweekly maximum allotment of 60 practice rounds of 5.56mm ammunition shall be provided by the City. J. On-duty sworn personnel shall carry primary or alternate firearm(s) authorized for carry in a concealed manner except when in uniform, inside a police facility, or otherwise readily identifiable as an officer. K. On-duty sworn personnel shall carry off-duty/back-up firearm(s) authorized for carry in a concealed manner. L. Carrying or using a firearm while under the influence of alcohol or drugs, or consuming alcohol at a D-permit establishment or in an open-air arena for which a permit of that nature has been issued, is a violation of law. Note: The Ohio Department of Commerce, Division of Liquor Control, maintains a database of permit holders on its website (https://com.ohio.gov/liqr). M. Sworn personnel off duty, out of uniform, and carrying an authorized firearm shall have it within their immediate control unless it would be a violation of law or this directive. N. Only Ordnance Unit personnel may repair or alter any authorized firearm carried for a law enforcement purpose. O. Sworn personnel may use an approved rail-mounted light and holster for the primary service firearm, both on and off duty, upon training and qualification conducted by Ordnance Unit personnel. P. Testing, evaluating, and any required “breaking in” of all firearms, chemical agents, intermediate weapons, and any accessory to these weapon systems are to be conducted under supervision by the appropriate Training Bureau personnel. Requests for any new firearms, chemical agents, intermediate Directive 2.03 Revised 03/30/20 Page 3 of 9  weapons, and accessories to these weapon systems will include the recommendation of Training Bureau personnel prior to being submitted to the Chief of Police for final approval. Q. Sworn personnel working in plainclothes shall carry the primary service firearm or an authorized alternate firearm when on duty or working special duty unless otherwise approved by the Chief of Police. R. Sergeants and officers returning to a uniformed assignment shall return any Division-issued alternate firearm to the Ordnance Unit. S. Sworn personnel working in units with specialty firearms shall return all issued firearms to the Ordnance Unit when the officer to whom the firearm is issued departs the unit (unless the new assignment uses the same firearm and prior notification is made to the Ordnance Unit), relinquishes the firearm for any reason, or is otherwise ordered. Any supervisor with an issued shotgun shall return the shotgun to the Ordnance Unit upon transfer to a non-uniformed assignment. T. Shotgun 1. Sworn personnel shall annually complete a familiarization class with the shotgun during the shotgun qualification phase. Sworn personnel in SWAT Unit, In-Tac Unit, and uniformed assignments shall annually qualify with the shotgun. 2. Only sworn personnel who have qualified with the shotgun shall be permitted to carry one. 3. Personnel who have not qualified with a shotgun shall not deploy, carry, or use the shotgun except under the most critical circumstances. U. Patrol Rifle 1. Only sworn personnel trained and certified as a Patrol Rifle Officer (PRO) shall carry the patrol rifle. 2. Sworn personnel shall refer to the “Equipment” section of the Patrol SOP for further instructions. 3. PROs who transfer from Patrol to a non-Patrol assignment may continue carrying their Division-issued or approved personally owned patrol rifle on duty in accordance with all PRO Program policies when written permission is given from the involved personnel’s deputy chief. 4. Sworn personnel who have not qualified with a patrol rifle shall not carry, deploy, or use the patrol rifle except under the most critical circumstances. 5. Sworn personnel shall not deploy the patrol rifle while working special duty except when its use is reasonable and in response to a critical incident. Page 4 of 9 Revised 03/30/20 Directive 2.03  6. Any violation from the patrol rifle policies established in this directive and other applicable Division publications shall result in immediate removal from the PRO Program and may result in disciplinary action. 7. Ordnance Unit personnel shall notify the involved personnel’s chain of command when personnel are removed from the PRO Program. V. Authorization to carry an alternate firearm may be terminated at any time. W. Failure to Qualify with a Firearm 1. Failure to qualify with the primary service firearm by satisfying the firearms qualification standards as established by the State of Ohio: a. Sworn personnel who fail to qualify with the primary service firearm in three attempts during the first qualification session of each required course/phase shall receive from Ordnance Unit personnel a written order from the Chief: (1) To surrender their primary service firearm, (2) Not to wear their uniform, (3) Not to take any police action on or off duty, (4) Not to work special duty, (5) Not to carry any firearm on duty, and (6) The date of their next qualification session. b. Ordnance Unit personnel shall place the original written order in the employee’s firearms file and shall email copies of the order to the involved employee’s bureau commander/manager and deputy chief. c. The immediate supervisor of sworn personnel failing to qualify shall be immediately notified. The supervisor of uniformed personnel driving a marked police vehicle shall make arrangements to have the officer and marked police vehicle transported to the duty station. d. Sworn personnel who have been required to surrender their primary service firearm due to the failure to qualify may contact their deputy chief and request that the Chief of Police return the firearm to them. e. Sworn personnel shall be allowed a total of three qualification sessions of three attempts each. Personnel failing to qualify by the completion of these sessions shall receive a written order advising them that they have seven days in which to qualify on their own time. Failure to qualify during that time shall be cause for disciplinary action. f. Sworn personnel beginning a qualification session shall not cease their attempt(s) until minimum qualification standards are met. If circumstances dictate that sworn personnel need to mark off during a qualification session, upon reporting for regular duty, sworn personnel shall immediately schedule a time to qualify and will be allotted the remaining number of attempt(s) in the original qualification session. Directive 2.03 Revised 03/30/20 Page 5 of 9  g. Sworn personnel who fail to qualify in three attempts during the first qualification session shall be provided remedial training prior to any further attempts to qualify. This training can range from verbal instruction up to and including regimented firing of the qualification course. The contents of the remedial training will be at the discretion of Ordnance Unit personnel based on the needs of each involved person. Sworn personnel that have failed to qualify by the conclusion of the first session will be scheduled to attend firearm technical skills development. 2. Failure to Qualify with a Division-Approved Alternate and/or Off-Duty/ Back-Up Firearm a. Sworn personnel who fail to qualify in three attempts during the first qualification session with their Division-approved firearm are prohibited from carrying the firearm until qualifications are met. b. Sworn personnel who fail to qualify with their Division-approved firearm shall surrender the firearm to Ordnance Unit personnel if the firearm is City-owned. c. Sworn personnel shall be allowed a total of three qualification attempts per day during normal Ordnance Unit hours until qualifications are met. 3. Failure to Qualify with the Shotgun a. Sworn personnel who fail after three attempts during the first qualification session are prohibited from carrying a shotgun. b. Sworn personnel who do not qualify shall receive from Ordnance Unit personnel a written order from the Chief of Police that prohibits them from carrying the shotgun. c. The original order shall be placed in the employee’s firearms file and copies shall be forwarded by email to the involved employee’s bureau commander/manager and deputy chief. d. Sworn personnel who fail to qualify with the shotgun shall surrender the shotgun to their immediate supervisor. The supervisor will reassign the shotgun to an officer who is qualified. e. Training shall be provided prior to requalification. Sworn personnel shall be allowed a total of three qualification attempts per day during normal Ordnance Unit hours until qualifications are met. 4. Failure to Qualify with a Division-Approved Patrol Rifle a. Sworn personnel who fail to qualify in three attempts during the first qualification session with their Division-approved patrol rifle shall not carry, deploy, or use the patrol rifle while on duty until qualifications are met. b. Sworn personnel who fail to qualify with their Division-approved patrol rifle in subsequent qualification sessions shall not carry, deploy, or use the patrol rifle while on duty until qualifications are met. Page 6 of 9 Revised 03/30/20 Directive 2.03  c. Sworn personnel shall be allowed a total of six qualification sessions, consisting of three attempts per session, during normal Ordnance Unit hours until qualifications are met. d. Sworn personnel who fail to meet the patrol rifle qualification requirements outlined in this directive shall: (1) No longer carry, deploy, or use the patrol rifle while on duty; (2) Be removed from the PRO Program; (3) Reapply for and successfully pass the entire PRO Program class in order to receive authorization to carry, deploy, or use the patrol rifle while on duty. 5. Failure to Pass the Policy Exam a. Sworn personnel who fail the policy exam shall immediately receive remediation and retraining prior to retaking the exam. b. Sworn personnel who fail the policy exam on the second attempt may be relieved of assignment, provided additional training, and/or subjected to progressive discipline. X. Carrying Firearms Aboard Aircraft and into Secured Areas in Airports 1. Sworn personnel shall only be authorized to carry a firearm aboard an aircraft when there is an operational need to immediately be prepared for duty and have the firearm readily accessible. 2. Policies adopted by the Federal Aviation Administration (FAA) impose certain restrictions on sworn personnel traveling with a firearm. These policies are outside the control of the Division of Police and the Columbus Regional Airport Authority Police. In addition to FAA policies, individual airlines may have established restrictions that must be followed. 3. Sworn personnel shall have in their possession: a. The completed Flying Armed Original Letter of Authority, form I-20.132, containing the National Law Enforcement Telecommunications System (NLETS) identifier. b. A copy of the NLETS teletype provided by the Records Section. c. Division-issued badge and identification card. d. Valid State of Ohio Driver License. Note: Present these items at the airline counter and at any additional verification checkpoints. Sworn personnel will be required to sign a log before entering a secured area of the airport. Screeners are required to verify proof of identification and may deny access to secured areas or aircraft until the Division can be contacted. 4. While performing official police duties, on-duty sworn personnel may carry a firearm into secured areas of airports, provided they sign the required log and provide proof of identification to the screeners designated by the airport. Directive 2.03 Revised 03/30/20 Page 7 of 9  5. To avoid problems or delays, sworn personnel transporting a firearm in checked baggage should contact the airline in advance to determine the proper procedures. 6. Off-duty sworn personnel shall not carry a firearm on their person into secure areas of airports or aboard an aircraft. III. Procedures A. Firearms Qualifications 1. Ordnance Unit a. Formulate firearms training and qualification standards. b. Advise bureau commanders/managers of firearms training and qualification schedules. 2. Bureau Commander/Manager a. Ensure all sworn personnel under your command are scheduled for each phase of qualification. b. After each phase, review the circumstances of each individual who has failed to successfully complete the particular phase. c. Recommend appropriate remedial training or disciplinary action. 3. Sworn Personnel a. Attend firearms qualification phases as scheduled. (1) If there is a legitimate conflict preventing attendance, advise the bureau commander/manager who approved the schedule. (2) If there is no legitimate reason for failing to appear at the scheduled time, reschedule qualification times on your own time within 30 calendar days. (3) Failure to qualify when physically able may result in discipline and being relieved of your firearm at the end of the year. B. Obtaining Authorization to Carry a Division-Approved Alternate and/or Off-Duty/Back-Up Firearm or Patrol Rifle 1. Sworn Personnel a. Complete a Firearms Qualifications form, S-70.102, listing the information specific to the Division-approved alternate and/or off-duty/back-up firearm or patrol rifle. Forms are available from the Ordnance Unit. b. Submit the Division-approved alternate and/or off-duty/back-up firearm or patrol rifle to Ordnance Unit personnel for inspection. c. Qualify with the firearm on the OPOTA pistol or patrol rifle qualification course. Page 8 of 9 Revised 03/30/20 Directive 2.03  2. Ordnance Unit a. Issue authorization for a Division-approved alternate and/or off-duty/ back-up firearm or patrol rifle as appropriate. b. Maintain a list of personnel who have qualified with a Division-approved alternate and/or off-duty/back-up firearm or patrol rifle and the specific type. C. Obtaining Temporary/Replacement Firearms 1. Contact the Ordnance Unit to schedule a time for the issuance of a temporary firearm, or 2. If the Ordnance Unit is closed, obtain a replacement firearm from the Headquarters Operations Unit Sergeant (except for specialty firearms issued to personnel in tactical units). The replacement firearm shall be used only until a temporary firearm can be obtained from the Ordnance Unit. a. Contact the Ordnance Unit the first day it is open to schedule a time to be issued a temporary firearm, and function-fire the firearm to confirm operability and targeting with at least 15 rounds. b. Immediately upon completing the operability and targeting protocol, return the replacement firearm to the issuing unit. 3. Immediately return the temporary firearm to the Ordnance Unit when your issued firearm is returned. D. Sworn Personnel Requesting Permission to Fly Armed 1. Involved Personnel a. Obtain the training required by the Transportation Security Administration (TSA). b. Provide the airline with advance notice of your intent to fly armed. c. Complete the Flying Armed Original Letter of Authority and forward it to the deputy chief through the chain of command. A deputy chief requesting permission to fly armed will forward the Flying Armed Original Letter of Authority to the Chief. d. If the request to fly armed is approved, contact a Records Technician Supervisor at least 48 hours prior to departure, if possible, to obtain a NLETS teletype. The teletype contains a unique alphanumeric identifier for both departing and returning flights and any applicable layovers. 2. Deputy Chief or Chief a. Review the Flying Armed Original Letter of Authority to determine if the request meets the criteria required to fly armed. (1) If the request meets the criteria required to fly armed, sign the form and return it to the involved employee through his or her chain of command. (2) If the request does not meet the criteria to fly armed, deny the request and return it to the involved employee through his or her chain of command. Directive 2.03 Revised 03/30/20 Page 9 of 9