Des Plaines Police Department Firearms Policy PDF

Policy Des Plaines Police Department 305 Des Plaines PD Policy Manual Firearms 305.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of...

Policy Des Plaines Police Department 305 Des Plaines PD Policy Manual Firearms 305.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 305.2 POLICY The Des Plaines Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 305.2.1 DUTY WEAPONS All officers of the Police Department are responsible for the purchase and maintenance of their duty handgun.All officers of the Police Department must carry an approved semi-automatic pistol as a duty handgun, while on duty or while operating a department vehicle. Police officers are only authorized to carry the types of firearms for which they have successfully completed a qualification course and met the training requirements as detailed in either the Des Plaines Police Department Range Manual or the TRT Operations Manual. The authorized duty Handgun is a semi-automatic 9 mm,.40 caliber or.45 ACP pistol that has been approved by the S.T.A.R.T. Commander. All duty Handguns must have an under-gun light rail mount and under-gun light. Only stock factory triggers are authorized in handguns carried on duty, and any other modification must be specifically authorized by the S.T.A.R.T. Commander prior to use on duty. Exceptions for this policy for officers in an undercover capacity can be made with the authorization of their immediate supervisor. Specialty Firearms 12 Gauge Shotgun Officers of this Police Department are not mandated to carry a shotgun while on duty, but must be familiar with the use of departmental shotguns. Shotguns are to be kept in proper working condition and stored in the security cabinet at the complaint desk or in the armory. All police department shotguns must be signed out on the shift sign out sheet before being removed from the police station. (a) Each time a shotgun is checked out, a function/safety check will be performed on the shotgun. This will be done while outside of the police station with the shotgun pointed in a safe direction. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 1 Des Plaines Police Department Des Plaines PD Policy Manual Firearms (b) Shotguns stored in the police station shall be kept unloaded with the chamber open and the safety in the "on" position. (c) The shotgun will be transported in the patrol vehicle, locked in a shotgun lock, with a loaded magazine tube and empty chamber. At the end of the officer's tour of duty, the officer will unload the rounds from the magazine in a safe manner. (d) The shotgun may be deployed at the officer's discretion. (e) If, during a tour of duty, the shotgun is fired, the officer will direct a To-From to the S.T.A.R.T. Commander, who will determine when, and if, the shotgun will be cleaned, and if appropriate, will arrange for the cleaning of the shotgun by a Firearms Instructor. (f) Officers shall also follow guidelines as detailed in the Use of Force policy. (g) In the event a shotgun malfunctions or is in need of repair, the officer who signed out the shotgun will direct a To-From to the S.T.A.R.T.. The shotgun will then be placed in the armory pending repairs..223 rifles Officers who have successfully completed a department-approved training course are authorized to carry department issued/ personal rifles in their assigned squad vehicle while on duty or during a TRT callout, and may deploy them at their discretion. (Patrol officers not issued Police Department rifles are allowed to purchase their own AR15 rifle and carry them on duty, provided that the weapon/ accessories are approved by the S.T.A.R.T. Commander and are registered with the Department). (a) Each patrol officer carrying a patrol rifle may be required to field strip and clean an assigned patrol rifle as needed. (b) Issued or personally owned AR/15 Rifles carried on duty must have an average trigger pull weight of 5.5 lbs or greater and have a minimum barrel length of 14.5 inches. (c) Each patrol officer shall be responsible for promptly reporting any damage or malfunction of an assigned patrol rifle. (d) Any patrol rifle found to be unserviceable shall be removed from service. The rifle shall be clearly be labeled as out of service and details regarding the weapon's condition shall be included on the label. (e) Each patrol rifle shall be subject to inspection by, a department authorized armorer, or the S.T.A.R.T. Commander yearly or at anytime deemed neccessary by their supervisor. (f) No modification shall be made to any patrol rifle without prior written authorization from the S.T.A.R.T. Commander. (g) The rifle will be transported in the trunk of the squad vehicle, enclosed in its carrying case, or if the officer is assigned a squad with a rifle rack, the officer has the option of storing it locked in the rack. The officer shall maintain the weapon in the patrol ready condition until deployed. A rifle is considered in a patrol ready condition when it has been inspected by the assigned officer, the fire selector switch is in the safe position, the chamber is empty, and a fully loaded magazine is inserted into the magazine Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 2 Des Plaines Police Department Des Plaines PD Policy Manual Firearms well. When deployment of the rifle has ended, the officer will unload the weapon in a safe manner and re-secure it. (h) At the end of the officer's assigned shift, the officer shall remove the magazine from the rifle, check to ensure the chamber is empty, point the weapon in a safe direction, pull the trigger to remove pressure from the hammer, make sure the dust cover is closed, place the rifle in a rifle case and secure the weapon in the appropriate location. Police Department rifles issued to non-TRT officers will be stored in the officer's locker when not in use. Rifles issued to TRT members will be stored in either the TRT equipment room or the officer's locker when not in use. (i) Officers may take their rifle home to clean, if needed, or for private range practice. Departmental rifles may not be stored at an officer's residence, used for recreational purposes, or used for secondary employment purposes unless authorized by a supervisor. (j) Department issued rifles may not be modified or accessorized in any way unless done so at the direction of the S.T.A.R.T Commander..308 Sniper Rifle (a) These rifles may be deployed at the discretion of qualified police personnel. 305.2.2 AMMUNITION Officers shall carry only department-authorized ammunition. Officers shall be issued fresh duty ammunition in the specified quantity for duty weapons and department issued firearms at the officer's request, or when deemed necessary by a firearms instructor or supervisor. Officers carrying personally owned authorized firearms of a caliber differing from department issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above at their own expense. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the S.T.A.R.T. Commander or designated Range Instructor when needed in accordance with established policy. 305.3 AUTHORIZED SECONDARY FIREARMS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the S.T.A.R.T. Commander or designated Armorer. Firearms shall not be carried by non-sworn members while on-duty or while in any City-owned vehicle. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member's Deputy Chief. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 3 Des Plaines Police Department Des Plaines PD Policy Manual Firearms 305.3.1 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: (a) A personally owned firearm shall be used, carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. 1. The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b) The firearm shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (c) It will be the responsibility of the member to submit the firearm to the S.T.AR.T. Commander or designated armorer for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the (d) Prior to carrying any off-duty firearm, the member shall demonstrate that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner by passing the Off Duty Qualification Course. (e) The member will successfully qualify with the firearm prior to it being carried. (f) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the S.T.A.R.T. Commander who will maintain a list of the information. (g) If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h) Members shall only carry department-authorized ammunition. (i) When armed, officers shall carry their badges and Des Plaines Police Department identification cards under circumstances requiring possession of such identification. 305.3.2 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written approval from theS.T.A.R.T. Commanderor the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions: (a) The firearm shall be in good working order and on the department list of approved firearms. (b) The firearm shall be inspected by the S.T.A.R.T. Commander or designated armorerprior to being carried and thereafter shall be subject to inspection yearly or whenever it is deemed necessary. (c) Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the firearm functions properly. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 4 Des Plaines Police Department Des Plaines PD Policy Manual Firearms (d) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm, along with any modifications to the S.T.A.R.T. Commander, who will maintain a list of the information. 305.3.3 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a) The handgun shall be in good working order and on the department list of approved firearms. (b) Only one secondary handgun may be carried at a time. (c) The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Range Supervisor prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (h) Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Range Supervisor, who will maintain a list of the information. 305.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 305.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the S.T.A.R.T. Commander. Firearms that are the property of the Department or personally owned firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Range Supervisor S.T.A.R.T. Commander. Any repairs or modifications to the member's personally owned firearm shall be done at his/her expense and must be approved by the Range SupervisorS.T.A.R.T. Commander. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 5 Des Plaines Police Department Des Plaines PD Policy Manual Firearms 305.4.2 HOLSTERS Only department-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 305.4.3 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the S.T.A.R.T. Commander or designated armorer. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. ALL firearms carried on duty by that are equipped with optical sights must have a backup sighting system authorized by the S.T.A.R.T. Commander or designated armorer. 305.4.4 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by theS.T.A.R.T. Commander or designated armorer. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. All firearms carried on duty by Patrol Personnel must be equipped with a lighting system approved by the S.T.A.R.T. Commander. If non uniformed personnel do not have a weapon mounted light, than they must carry a duty rated flashlight on their person. 305.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Range Supervisor. Members shall not dry fire or practice quick draws except as instructed by the Range Supervisor or other firearms training staff. (c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels. (e) Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 6 Des Plaines Police Department Des Plaines PD Policy Manual Firearms firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g) Any firearm authorized by the Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Range Supervisor approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Range Supervisor will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 305.5.1 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 305.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (720 ILCS 5/24-9(a)). 305.5.3 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Personally owned firearms may be safely stored in lockers at the end of the shift.. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. All firearms carried on duty will be subject to inspection yearly by the S.T.A.R.T. Commander or designated armorer. The inspection will look for serviceability and unauthorized modifications. Photos will be taken of the exterior of the firearm as well as the trigger group. 305.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully qualify at least annually with their duty firearms (50 ILCS 710/0.01 et seq.). Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 7 Des Plaines Police Department Des Plaines PD Policy Manual Firearms Members will qualify with off-duty and secondary firearms at least once a year. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 305.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status, or scheduling conflict, that member shall submit a memorandum to the member's immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following: 1. Unauthorized range make-up 2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 305.6.2 REQUIREMENTS PRIOR TO CARRYING Prior to an officer carrying a firearm, the officer shall be issued copies of this policy and the Use of Force Policy, and successfully complete [department/office]-approved training on both. 305.7 FIREARM DISCHARGE 305.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 8 Des Plaines Police Department Des Plaines PD Policy Manual Firearms 305.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. 305.7.3 WARNING AND OTHER SHOTS Generally, shots fired for the purpose of summoning aid are strongly discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe. Warning shots should not be used. 305.8 RANGE SUPERVISOR DUTIES The range will be under the exclusive control of the Range Supervisor. All members attending will follow the directions of the Range Supervisor. The Range Supervisor will maintain a roster of all members attending the range and will submit the roster to the Support Services Commander after each range date. Failure of any member to sign in and out with the Range Supervisor may result in non-participation or non-qualification. The range shall remain operational and accessible to Department members during hours established by the Department. The Range Supervisor has the responsibility of making periodic inspection, at least once a year, of all duty weapons carried by members of this department to verify proper operation. The Range Supervisor has the authority to deem any department-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm; it will not be returned to service until inspected and approved by the Range Supervisor. The Range Supervisor has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Range Supervisor shall complete and submit to the Support Services Commander documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Range Supervisor should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Support Services Commander. 305.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 9 Des Plaines Police Department Des Plaines PD Policy Manual Firearms (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b) Officers must carry their Des Plaines Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport). (c) The Des Plaines Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Des Plaines Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor. (f) It is the officer’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter. (g) Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat. (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 305.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): (a) The officer shall carry his/her Des Plaines Police Department identification card whenever carrying such firearm. (b) The officer is not the subject of any current disciplinary action. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 10 Des Plaines Police Department Des Plaines PD Policy Manual Firearms (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d) The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. 305.11 USE OF POLICE RANGE All sworn members of the Police Department are authorized to use the range. Only calibers authorized for duty and off duty use may be fired on the range. Any other ammunition may only be used on the range with the approval of the support Services Commander. Copyright Lexipol, LLC 2024/02/29, All Rights Reserved. Published with permission by Des Plaines Police Department ***DRAFT*** Firearms - 11