Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 6.3 FIREARMS: 6.3.1 General: A. Law enforcement deputies are authorized to carry BSO-approved firearms if they have qualified with the firearm via the Training Division. B. On-duty detention deputies and cross-certified deputies ar...

SHERIFF’S POLICY MANUAL 6.3 FIREARMS: 6.3.1 General: A. Law enforcement deputies are authorized to carry BSO-approved firearms if they have qualified with the firearm via the Training Division. B. On-duty detention deputies and cross-certified deputies are only authorized to carry BSO-approved firearms if they qualified with their weapon via the Training Division and are authorized by a supervisor to carry the weapon. C. Off-duty detention deputies may carry concealed firearms while off-duty in the same way as law enforcement deputies, only with written approval from the Department Executive Director and/or the Sheriff. D. Non-Sworn employees will not carry firearms or weapons while on duty in any BSO facility or vehicle E. This policy is not meant to infringe on employees' constitutional or statutory rights to bear arms for lawful self-defense; nor is it the intent of the Sheriff to legislate policy interfering with employees' rights as private citizens to carry concealed weapons or firearms lawfully while off duty, out of uniform, and not acting under BSO colors. F. The Sheriff accepts no responsibility for the actions of any employee carrying a weapon or firearm while off duty, out of uniform, and not acting within the course and scope of their BSO employment. The Sheriff accepts no responsibility for former BSO employees who carry weapons or firearms after they leave or retire from BSO employment. G. All firearms training will be monitored by a CJSTC certified firearms instructor. All training and proficiency will be documented by the instructor. 6.3.2 Procedures: A. For the purposes of this policy: 1. “Deputy” or “deputies” refers to all deputy sheriffs authorized to carry firearms in accordance with subsection 6.3.1 of the Sheriff’s Policy Manual. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 1 of 18  SHERIFF’S POLICY MANUAL 2. “Primary firearm” refers to the firearm carried by the deputy while on-duty, in uniform. 3. “Secondary firearm” refers to the firearm carried by a deputy while on-duty, in an approved holster (purchased by the deputy). On-duty uniformed deputies may carry the secondary firearm only when the primary firearm is carried. On-duty non-uniformed personnel may carry the secondary firearm in place of the primary firearm for concealment purposes. 4. “Off-duty firearm” refers to the firearm(s) carried by a deputy while off duty. The primary and secondary firearm may fulfill this role. If carried, the off- duty firearm will be concealed and carried in an approved holster. 5. “BSO approved list,” “approved optic,” and “approved holster” refers to the firearms optics and holsters approved by the Training Division. 6. “Grandfather” or “grandfathered” refers to Deputies employed, and authorized to carry firearms and continuously qualified with those firearms since that date; or, any Deputy who is authorized to carry firearms and who has qualified with a specific weapon prior to that weapon being removed from the BSO approved list. B. Primary, secondary, and off-duty firearms will be purchased by the deputy. C. Primary Firearm: 1. Primary firearms must be selected from the BSO-approved list available in Training. 2. Other than flashlights, Original Equipment Manufacturer (OEM) approved sight improvements and grips, all other handgun accessories must be authorized by Firearms Training Staff. 3. Laser aiming devices are not authorized. 4. Pistol optics may be carried by deputies who have completed a BSO Pistol Optic Certification class and successfully qualified with the optic on their firearm. Carrying a pistol optic on a firearm is also subject to the following requirements: Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 2 of 18  SHERIFF’S POLICY MANUAL a. Optic ready Original Equipment Manufacturer (OEM) pistol, b. BSO approved optic, c. suppressor sights or equivalent, and d. agency issued holster for primary firearms and those secondary firearms carried as a primary by non-uniformed personnel. 5. Any visible firearms or accessories (magazines, etc.) must be black/blue steel or stainless steel in color. No aftermarket colors will be applied to any approved firearms carried in a visible capacity. D. Approved Primary Firearm for Grandfathered Deputies: 1. On-duty deputies authorized to carry firearms will carry a revolver or semi- automatic handgun as a primary firearm. Authorized primary firearms vary, depending on the deputy's duty assignment. 2. Deputies must have qualified with their weapon prior to and continuously since, if their firearm was removed from the BSO approved list. 3. Revolvers used as primary on-duty handguns must be or have been selected from the BSO-approved list available in Training and equipped with standard manufacturers' plastic, wood, or rubber grips. 4. Semi-automatic primary handguns must be or have been selected from the BSO-approved list available in Training and equipped with standard manufacturers' plastic, wood, or rubber grips. 5. Deputies may use a flashlight designed for and attached to their weapon. E. Secondary Firearm: 1. Secondary firearms must be selected from a BSO-approved list available in Training. 2. Other than flashlights, OEM site improvements or grips, all other handgun accessories must be authorized. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 3 of 18  SHERIFF’S POLICY MANUAL 3. Laser aiming devices are not authorized. 4. Any secondary weapon carried in a primary weapon capacity must adhere to the same color regulations as primary weapons, outlined in Chapter 6 Section 6.3 of this SPM. F. Approved Secondary Firearm for Grandfathered Deputies: 1. Revolvers carried as secondary firearms must be or have been selected from the BSO-approved list available in Training, and equipped with standard manufacturers' plastic, wood, or rubber, grips. Grips other than black or wood color are not authorized. 2. Semi-automatic handguns carried as secondary firearms must be or have been selected from the BSO-approved list available in Training, equipped with standard manufacturers' plastic, or rubber, grips. Grips other than black are not authorized. 3. Deputies must have qualified with their weapon prior to and continuously since; if their firearm was removed from the BSO-approved list. 4. Any firearms or accessories (magazine, etc.), other than black/blue steel or stainless steel, must be of original manufactured equipment colors (OEM). Any aftermarket colors other than black/blue steel, or stainless steel are prohibited. G. Off-Duty Firearm: Deputies who choose to carry off-duty firearms shall: 1. Select the firearm from a BSO-approved list available in the Training Division 2. Qualify with the firearm 3. Carry the firearm in a BSO-approved holster 4. Conceal the firearm 5. Carry their BSO badge and ID Card Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 4 of 18  SHERIFF’S POLICY MANUAL H. Trigger Shoes and Accessories: Trigger shoes and trigger accessories on firearms are prohibited. I. Altering Firearms: Firearms authorized for carry-on or off-duty will not be altered outside of the manufacturer's specifications. J. Firearm Care: Deputies will keep their firearm clean, secured, and in good working order. Deputies should not use or handle firearms in a careless or imprudent way. Deputies will only use BSO-approved firearms as originally designed by the manufacturer. K. Keeping Firearm at Home: Deputies are required to comply with all federal, state, and local laws on the storage of firearms at home. L. Loading/Unloading Firearm: 1. 55-gallon, sand-filled, firearm-clearing barrels, or other BSO-approved clearing barrels approved by Training will be placed at all districts, detention facilities, Evidence, Special Operations offices, locations occupied by armed deputies, or anywhere where evidence is received or processed. 2. Firearm-clearing barrels will be placed against exterior concrete or cinder- block walls. This location helps prevent penetration by projectiles through the wall, should accidental discharges occur. 3. Deputies required to load or unload their firearm for inspection or other purposes will use designated firearm-clearing barrels. 4. Deputies will clear their firearm and make it safe by removing all magazines and ammunition before giving it to their supervisor for inspection. 5. Inspecting supervisors will only conduct inspections at a firearm-clearing barrel. 6. Upon completion of the inspection, deputies will reload and holster their firearm. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 5 of 18  SHERIFF’S POLICY MANUAL 7. Unless impractical, firearm-clearing barrels will be used for safe unloading of firearms seized as evidence, confiscated, or recovered as found or stolen property. M. Display of Firearm: Non uniformed deputies may carry an unconcealed firearm unless prohibited by command. BSO badges must be visible with an unconcealed firearm. 6.3.3 Firearm Qualification: A. For deputies to carry BSO-approved firearms on or off duty, deputies must qualify with each firearm. Specific courses of fire and qualifying scores are described in the Training lesson plans. B. Each firearm will be inspected by a BSO Training Division armorer. Any firearm not meeting BSO standards or not functioning properly will be repaired or replaced at the deputy’s expense before that firearm can be carried on or off-duty. C. Deputies must annually demonstrate proficiency in the use of their firearm. Deputies not demonstrating proficiency must attend remedial firearms training. At the end of remedial training, deputies will be required to shoot two consecutive passing scores to qualify with their firearm. Only after successful completion of remedial training will deputies be allowed to carry their firearm on or off duty. D. Upon qualification, the Firearms Qualification Record form (BSO TG#1) will be submitted to Training for data entry. Upon completion of data entry, the form will be placed in the employee’s training file. 6.3.4 Holsters: Deputies will only wear holsters, gun belts and accessories approved thru the Training Director or designee. Additional information regarding holsters is addressed under Uniforms, subsection 3.2 in the Sheriff’s Policy Manual. 6.3.5 Ammunition: A. Deputies will be issued ammunition for three magazines per firearm. B. Deputies electing to carry more than three magazines per firearm may purchase the additional magazines and BSO-approved ammunition at their own expense. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 6 of 18  SHERIFF’S POLICY MANUAL C. Deputies are strictly forbidden from carrying non-approved ammunition. D. On Duty: Deputies will carry approved firearms (excluding shotguns and patrol rifles) in operational-ready condition, fully loaded with a round in the chamber. Approved loading devices will be loaded according to the manufacturer’s recommended capacity. E. Off Duty: Deputies electing to carry their authorized on-duty/off-duty firearms while off-duty may do so as long as the firearm is carried in an operational ready condition, fully loaded with a round in the chamber. Approved loading devices will be loaded according to the manufacturer’s recommended capacity. 6.36. Lost/Stolen Firearm: A. Deputies will immediately file a report with the law enforcement agency having jurisdiction where the loss or theft occurred. B. Deputies will expeditiously report the loss or theft of a firearm to the deputy's immediate supervisor, who will notify their chain of command. C. Deputies will ensure an entry is made in the NCIC/FCIC system. D. The deputy's command will generate a Citizen Contact in Blueteam, which will include a copy of all relevant reports, and forward the Citizen Contact to Internal Affairs. E. If the firearm is recovered, the deputy will ensure proper supplementary reports are filed and cancellation is made in the NCIC/FCIC system. The firearm must be inspected by a BSO armorer before authorized for use. 6.3.7 Mandatory Semi-Automatic Pistol Training: Before carrying an approved semi- automatic pistol, deputies must successfully complete a BSO-approved semi- automatic pistol course and fire a qualifying score which is based on CJSTC/FDLE’s most current qualifying firearms course. 6.3.8 Mandatory Pistol Optic Training: Prior to carrying a pistol optic on their weapon, deputies must complete a BSO Pistol Optic Certification class and fire a qualifying score which is based upon CJSTC/FDLE’s most current qualifying firearms course. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 7 of 18  SHERIFF’S POLICY MANUAL 6.3. 9 Shotguns: A. Deputies are not required to carry shotguns but may do so at their discretion. B. Deputies who carry a shotgun are prohibited from also carrying a less lethal launcher. C. Authorized Shotguns: Authorized shotguns must be selected from the approved list available in Training and equipped with the following standards: 1. Chambered for 12-gauge 2.75" shells 2. Pump action or Semi-Auto. 3. Shoulder stock 4. A barrel no less than 14.5 (with National Firearms Act Stamp) and no greater than 22" long 5. A sling that facilitates control of the shotgun while the hands are otherwise engaged 6. A side saddle or stock saddle to hold issued slugs (if the Deputy meets the slug qualification option) D. Qualification: 1. Deputies carrying shotguns must qualify annually with an approved shotgun. All shotguns will be inspected by a BSO Training Division armorer. Deputies who do not qualify with a passing score will be scheduled for remedial training. Only after the successful completion of remedial training will deputies be authorized to carry a shotgun on or off duty. 2. Deputies required to complete firearms training, must qualify with approved shotguns only. 3. Deputies who elect to carry slug ammunition may only carry department- issued ammunition and must successfully pass a Shotgun Slug Qualification course of fire. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 8 of 18  SHERIFF’S POLICY MANUAL 4. In addition to annual qualifications, Shotgun certified deputies must annually attend a 4-hour Shotgun refresher training. E. Obtaining Shotgun: 1. Law enforcement deputies choosing to own a shotgun must purchase the shotgun at their own expense. Deputies also have the option of requesting an issued shotgun if available. 3. Before carrying a shotgun, deputies must have their shotguns inspected and approved by the BSO Training Division armorer. 6.3.10 Patrol Rifles: A. Deputies will be required to carry patrol rifles, after successful completion of the training course and shooting a qualifying score. B. Deputies are only authorized to carry the rifle with which they have fired a qualifying score. C. To be authorized, patrol rifles must meet the following standards: 1. Semi-automatic fire selector only 2. Chambered for.223/5.56MM Caliber 3. Equipped with: a. Barrel length minimum: 10.5 inches, maximum: 20 inches (1) Barrels less than 16 inches are classified as short-barreled rifles and require federal registration. It is the responsibility of the deputy to acquire the required registration which will be at the deputy’s expense. (2) Normal rifle inspections by Range Staff will include inspection of the required federal registration documentation. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 9 of 18  SHERIFF’S POLICY MANUAL (3) Barrels of 10.5 inches must be part of an unaltered Original Equipment Manufacturer complete rifle. b. Single-point sling or two-point tactical sling, at the operator’s discretion. (Note: A standard military two-point parade sling is not permitted). c. Retractable stock 5. Scopes are not permitted on patrol rifles. 6. Additional Authorized Equipment: (which must be attached to a rail system) a. Vertical fore-end b. Red dot optics approved by the Training Division. c. Stand-alone magnifiers are authorized in addition to optical sights if the magnifier is: i. Limited to a 3x power. ii. Approved by the Training Division. iii. Installed by the BSO armorer. iv. Purchased at the employee’s expense. d. Stand-alone magnifiers may be purchased for an employee by BSO when requested as an ADA accommodation and approved by Human Resources through the Employment Accommodation Request process. e. Bipod vertical foregrip or bipod. NOTE: Agency-issued firearms will have work performed on them by the BSO Training Division. This includes added accessories. All work completed on the firearm will be documented in the Weaponware Program. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 10 of 18  SHERIFF’S POLICY MANUAL 7. Ammunition: a. Deputies will be permitted to carry only department-authorized duty ammunition. b. Magazine will be loaded 2 rounds short of capacity, (i.e., a 30-round magazine will be loaded with 28 rounds) c. Deputies will be issued ammunition for two reloading devices. Deputies will be authorized to purchase additional approved ammunition for a third reloading device at the deputies’ expense. C. Qualification: 1. Deputies must successfully complete the 16-hour BSO Basic patrol rifle course and fire a qualifying score. The Training Division may waive this requirement pending a review of training records from a previous employer or certified training site. BSO deputies who were certified prior to 1/1/2018 are grandfathered in regarding the length of class. 2. Deputies carrying patrol rifles must qualify on an annual basis with an approved rifle. 3. Patrol rifles will be inspected by a BSO Firearms Training Unit armorer as part of the qualification. 4. In addition to annual qualifications, rifle certified deputies must annually attend patrol rifle refresher training. SWAT Operators and EOD are exempted from this requirement. D. Failure to Qualify A. Deputies who do not qualify with a passing score will be required to successfully complete remedial training. B. Deputies must pass remedial patrol rifle training by qualifying with two (2) consecutive qualifying scores. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 11 of 18  SHERIFF’S POLICY MANUAL C. Deputies who do not successfully complete patrol rifle remedial training will have to register for and complete the entire Basic Patrol Rifle course again. D. Deputies who fail to qualify during their second Basic Patrol Rifle course will not be permitted to carry a patrol rifle. E. The initial failure to qualify and all remedial training will be documented on the Patrol Rifle Failure to Qualify and the Patrol Rifle Remedial Training Completion Memorandums. F. Failure to qualify will result in further action determined by the Department of Preparedness and Response. 6.3.11 Shotgun and Patrol Rifle Storage A. Authorized Shotguns/Patrol Rifles carried in BSO marked/unmarked vehicles or BSO-leased/rental vehicles will be stored/secured as follows: 1. Secured/carried in approved electric holders, installed by the BSO service center, using a push-button switch wired to the ignition system or secured in an approved firearms container/lockbox which is permanently installed or in the vehicle's trunk attached to the trunk lid secured by a case-hardened cable/chain and lock installed and issued by BSO Fleet. 2. Shotgun/Patrol rifles mounted in plain sight will not be stored in a vehicle during off-duty hours 3. Temporary Transport of Shotguns/patrol rifles issued by BSO being transported in a BSO-assigned vehicle, BSO-leased vehicle, or in the deputy’s personal vehicle will be secured by one of the following methods: a. Using an approved electric holder, installed by the BSO service center with a push-button switch wired to the ignition system or b. In an approved firearms container/lockbox permanently installed or c. In the vehicle’s trunk with the trunk lid secured by a case-hardened cable/chain and lock installed by BSO Fleet. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 12 of 18  SHERIFF’S POLICY MANUAL 4. If the three above security methods are unavailable the Shotgun/Patrol Rifle will not be left unattended in the vehicle at any time. B. Ammunition/Ready Mode: 1. Patrol Rifle: The patrol rifle will have the selector on safe, bolt closed on an empty chamber, dust cover closed, and a loaded magazine inserted in the rifle. 2. Shotgun: The shotgun will be fully loaded with BSO-issued ammunition only. Ammunition tubes will be fully loaded with the chamber empty. Safety switches will be in the "On" position and fore ends in the "Forward" position. 6.3.12 Special Weapons: A. Supervisors of SWAT, ERT, and Quick Response Force (QRF) may authorize their members to use special weapons during an authorized SWAT, ERT or QRF call-out. When special weapons are not used, they will be kept encased and secured in the deputy's assigned vehicle's trunk or detention facilities’ armory. B. Special weapons are: 1. Semi-automatic rifles 2. Fully automatic rifles 3. Submachine guns 4. Gas delivery systems 5. Impact delivery systems/less lethal launcher C. All current members of SWAT, ERT, or QRF using special weapons will qualify at least annually for each special weapon they are authorized to use. D. Deputies qualified in the use of a particular special weapon are considered qualified to use all special weapons of the same make, model, caliber, and design features of the qualifying special weapon. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 13 of 18  SHERIFF’S POLICY MANUAL E. Nothing will preclude the Sheriff or designee from authorizing the use of special weapons in emergency situations. 6.3.13 Surrendering Firearms: Deputies may be confronted by an armed person who has a tactical advantage. The danger is not reduced by deputies giving up their firearms upon demand. Surrendering a firearm may mean giving away the only survival chance; therefore, deputies should use all tactical tools to avoid surrendering their firearm. 6.3.14 Firearms or Other Weapons in Detention Facilities: A. Deputies whose primary responsibility is supervision, protection, care, custody, and control of inmates will not carry firearms or other weapons while in official uniform unless they have successfully completed the required Special Duty Assignment course. B. No firearm or other weapon will be introduced or carried into any secured confines of a detention facility except if expressly authorized by the Sheriff or under special situations when human life is in danger. This includes the need to protect employees and inmates from serious bodily harm, or death. Firearms and other weapons are placed in a secure area located outside the secure confines of the detention facility. 6.3.15 Firearms and Other Weapons in Courthouse: A. Only BSO deputies authorized to carry firearms and other weapons as part of their official duties and within the scope of their employment will be permitted to possess them in the main courthouse or its satellites. B. BSO deputies authorized to carry firearms and other weapons as part of their official duties will be prohibited from wearing or carrying them into the courthouse or its satellites when they are off duty or a party to a proceeding and not appearing in their official capacity. C. Individual judges may prohibit any BSO deputy from being armed in their respective courtrooms. If a presiding judge prohibits a deputy from being armed in the judge's courtroom, the firearm or other weapons will be either: 1. Secured in the trunk of the deputy’s assigned vehicle. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 14 of 18  SHERIFF’S POLICY MANUAL 2. Secured in a weapons locker within the Court Services office. D. Non-uniformed and/or plain clothes deputies wanting to possess a firearm or other weapon while on duty in the courthouse or its satellites will present their official identification card to the security detail at the courthouse entrance before entry. Deputies not possessing official identification will be prohibited from possessing a firearm or other weapon in the courthouse or its satellites. E. Non-uniformed and/or plain clothes deputies will sign in on the Plain Clothes Officer Sign-in Log maintained at each entrance after presenting their official identification. Deputies will indicate their name, CCN, destination within the courthouse, and visit's purpose (official business or private). F. Non-uniformed and/or plain clothes deputies will ensure their firearms or other weapons are securely encased and concealed from public view when inside the courthouse or its satellites. 6.3.16 Firearms and Other Weapons in Internal Affairs: A. Civilians are prohibited from bringing firearms or other weapons into Internal Affairs office spaces under all circumstances. B. All employees and officers from other jurisdictions (non-BSO employees) who are complainants, witnesses, subjects of an investigation, or at the discretion of the Internal Affairs Captain or designee are prohibited from bringing firearms or other weapons into Internal Affairs office spaces. C. BSO employees who possess or use firearms or other weapons in accordance with their assigned duties who are complainants, witnesses, or subjects of an investigation will secure them before entering Internal Affairs office spaces. D. BSO employees who are unable to safely secure their firearms and/or other weapons prior to entering Internal Affairs will surrender their weapons to an Internal Affairs supervisor, who will secure the firearms and/or other weapons in a weapons locker. The Internal Affairs supervisor will retain possession of the weapons locker key and, when appropriate, upon conclusion of the applicable Internal Affairs matter will return the firearms and/or other weapons to the employee. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 15 of 18  SHERIFF’S POLICY MANUAL E. Internal Affairs office spaces include all designated work areas for Internal Affairs employees including waiting and reception areas. F. Exceptions to this policy must be approved in advance by the Internal Affairs Captain or designee. 6.3.17 Firearms and Other Weapons Aboard Commercial Aircraft: A. Deputies will not carry firearms and other weapons aboard in-flight commercial aircraft without approval from their district/division commander. B. Deputies must have completed the Flying Armed Course and be traveling for official business. C. All federal laws and Federal Aviation Administration regulations will be observed. 6.3.18 Procedures for Return of Firearm to Deputy After Deputy-Involved Shooting: A. In the event a Deputy Sheriff is forced to discharge his/her firearm during the performance of his/her lawful duties, which results in injury or death, it is essential for the employee and the agency that an immediate, detailed investigation be conducted into the use of deadly force, to include a thorough forensic examination of the firearm and related ballistic evidence. Affected deputies will surrender all firearms discharged during the incident to the Crime Scene Unit. Additional deputies may be required to surrender their firearms at the discretion of the homicide investigators pursuant to the circumstances of the investigation. Upon completion of the Florida Department of Law Enforcement (FDLE), Homicide and Crime Laboratory investigation, and completion and approval of BSO RP #24A (Deputy Sheriff’s Request for the Return of Firearm While Matter Pending), the firearm may be returned to the Deputy Sheriff. B. Since a discharged firearm may be considered evidence in a criminal or civil proceeding, the affected firearm may be held as evidence until the Office of the State Attorney, 17th Judicial Circuit Court, and/or Broward Grand Jury closes the investigation that gave rise to the seizure of the firearm. C. A firearm discharged during a deadly force incident involving injury or death, which occurred in a Broward city and within BSO’s jurisdiction, will be returned to the affected deputy upon the satisfactory completion of the following: Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 16 of 18  SHERIFF’S POLICY MANUAL 1. FDLE has completed the investigation and the evidence revealed the affected deputy has not committed a criminal violation. The investigation is complete when: a. The subject deputy has provided a sworn recorded statement to homicide investigators accurately and thoroughly detailing and describing the events which guided the deputy’s decision to use deadly force. b. Sworn recorded statements were obtained from witness deputies and civilian witnesses if any. c. All available physical or circumstantial evidence has been collected, processed, and evaluated. d. Homicide detectives have an understanding of the ballistic-related injuries and toxicology reports after attending the autopsy or have obtained medical records or physician reports of injuries. e. Investigators have identified no questionable training issues. f. The Assistant State Attorney, 17th Judicial Circuit Court, FDLE, and Criminal Investigations Captain approve of the return. 2. The Crime Scene and Firearms units have completed a thorough forensic and ballistic examination. The following minimum laboratory analysis should be conducted: a. Operability and function examinations with no defects detected. b. Test firing the weapon. c. Bullet and cartridge case comparisons. d. Gunshot residues, gunpowder pattern, and shot dispersion testing for a distance of weapon to target determination. e. Documentation of serial numbers. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 17 of 18  SHERIFF’S POLICY MANUAL f. Firearm is photographed and documented. D. Prior to the return of the seized weapon, the affected deputy must understand and agree to the following: 1. Deputy Sheriff agrees that he/she will not destroy, intentionally manipulate, other than normal wear and tear or sight realignment, sell, lend, give away, or otherwise dispose of the firearm in any way until the matter under investigation is closed by the Broward State Attorney’s Office, with an understanding that willful noncompliance could result in criminal charges and administrative proceedings. 2. Deputy Sheriff agrees to surrender said firearm to the investigating agency upon request. 3. Deputy Sheriff understands the Florida State Statutes 925.11 and 925.12 relating to post sentencing DNA testing of physical evidence. E. The involved deputy sheriff will be responsible for the following: 1. Completing and signing the “Deputy Sheriff’s Request For The Return of Firearm While Matter Pending” form (BSO RP#24A) 2. Obtaining the following approval signatures: a. Firearms Examiner b. Criminal Investigations Captain c. Assistant State Attorney, 17th Judicial Circuit Court. d. FDLE 3. Delivering the completed/signed form to the Evidence Unit to obtain his or her firearm. Reviewed: 03/14/2022 Revised: 10/25/2022 Rescinds: 09/29/2015 Effective: 12/19/2022 6.3 Page 18 of 18