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HomeMy WebLinkAboutGO 17-03 FirearmsSER-05.1 WEAPONS Original Date of Issue General Order Number October 4, 2000 00-08 Effective Date of Reissue Section Code November 13, 2015 SER-05 Reevaluation Date Amends / Cancels December 2016 C.A.L.E.A. 1.2.2, Reference 1.3.4,1.3.9-11, 22.2.7, 33.1.5, 33.4.1 Use of Force / Training INDEX AS: Firearms Use of Force Munitions Less Lethal Off-duty weapons Training Weapons Field Training Special Response Team Conducted Energy Devices I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. Members of the Department shall only use weapons and ammunition authorized by the Department in the performance of their duties and in a manner consistent with General Order 99-05 – Use of Force. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. SER-05.2 III. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. “Less Lethal” Shotgun - A clearly marked, department issued shotgun specifically for the deployment/use of “less lethal” munitions (e.g. bean socks and conductive energy munitions). Less lethal shotguns are the only authorized methods of delivery for these types of shotgun-fired munitions. Less lethal shotguns shall not be used to fire tradition shotgun ammunition (shot, buckshot, or slugs). Long-gun - Any firearm other than a handgun. Includes all shotguns and rifles regardless of application. Authorized Automatic Weapon - Any department issued automatic weapon which the officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury than conventional police tactics. Subject - The person who is the focus of the police operation. SER-05.3 Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty as a primary weapon. Conducted Energy Device Instructor – Sworn officer who has received specialized training in the instruction of department issued conducted energy devices. Lethal Cover – Cover provided by a weapon capable of causing serious injury or death when used for its intended purpose. IV. PROCEDURES A. GENERAL FIREARMS REQUIREMENTS 1. All on-duty sworn personnel, whether in uniform or non-uniform, shall be armed with a departmentally issued duty handgun. a. Exceptions - i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. I.e. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non-uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on-going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. SER-05.4 a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. 3. Non-uniformed on-duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. 4. Whether on or off-duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off-duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off-duty, it shall be concealed from public view. An officer electing not to carry a handgun while off-duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. Officers may carry a personal backup firearm while on duty provided the following requirements are met: a. The weapon meets the specifications for approved off-duty carry. b. The officer shall qualify with the weapon on at least an annual basis or as determined by the Lead Range Instructor. c. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. d. On an annual basis the weapon shall be inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged in the line of duty it shall be immediately surrendered to the on-duty watch supervisor. h. The Officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. i. The weapon shall only be loaded with ammunition approved by the Commanding Officer Field Operations when carried on duty. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. SER-05.5 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10. While on-duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi-auto handguns and full cylinder for revolvers.) 11. Long-guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. Officers shall, as soon as practical, notify a supervisor of any long-gun deployment (i.e. removal of long-gun from vehicle/case at a call-for service). 12. Only magazines authorized by the department may be used in a firearm. 13. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 15. All department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unintended discharge. 16. All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. 17. Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. SER-05.6 c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 18. Probationary officers shall carry weapons as directed by Field Training protocols. B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi-auto firearm. 3. Department owned firearms shall not be carried or utilized for any non-law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. AUTHORIZED WEAPONS 1. On-duty handgun, uniform duty a. An approved on-duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double-action only or decock only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) rounds minimum. v. Handguns shall be carried in department authorized holsters. 2. On-duty handgun, non-uniform duty a. An approved on-duty handgun for non-uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double-action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. SER-05.7 v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. 3. Off-duty Handguns a. An approved off-duty handgun is any department issued handgun or personally owned handgun meeting the following requirements. i. Criteria for personally owned, off-duty handguns a) .380 ACP or larger b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. ii. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi-automatics shall be carried according to manufacturer specifications. Semi-autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. v. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge’s approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5. Authorized Shotgun a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle a. Specified SRT personnel and Patrol Rifle Operators may be authorized to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher SER-05.8 a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records a. A Department Armorer or Lead Range Officer may authorize an approved type firearm (i.e. meets departmental specifications). The approving authority shall record the following information and forward it to the Lead Range Officer: i. Initial date of service ii. Description iii. Manufacturer and Caliber iv. Serial number v. Repair, service and modification history vi. Officer and date approved vii. Proficiency qualification scores and dates. a. Proficiency qualification scores/dates shall be forwarded to the Training Unit and be entered in the Departments records management system. b. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum include the aforementioned information. c. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of all modifications or repairs and shall enter the modifications or repairs in the Departments record management system. Documentation shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. SER-05.9 b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11. Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. This ammunition shall not be modified in any way. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned, off-duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. iii. Shoot/don't shoot targets that represent the need for an officer to react appropriately. f. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. SER-05.10 g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm instruction, training and qualification shall be provided by a certified instructor. 13. Less Lethal Impact Projectiles a. There are many projectiles considered "less lethal". The primary types used by the Iowa City Police Department are: i. "Bean sock" round - 12 gauge ii. Non-flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. SER-05.11 14. Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. a. Uniformed and non-uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions iii. Foggers iv. PepperBall Systems Situations Where Chemical Agents Should Be Avoided: Although not strictly prohibited, officers shall give additional consideration to the unique circumstances involved prior to applying a chemical agent in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective range. SER-05.12 2. On persons in wheelchairs. 3. On elderly persons. 4. On women known to be pregnant. 5. On persons with known heart problems. 6. On persons with an apparent debilitating illness or who are visibly frail. 7. On young children or those under 80 pounds. 8. On individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy or epilepsy Situations Where Chemical Agents Are Prohibited: 1. To control persons in operation of a vehicle or who could reasonably gain control of a vehicle. 2. In a motor vehicle when children are present unless the subject is being assaultive and when item one does not apply. 16. Conducted Energy Devices Training will require the officer to demonstrate proficiency with the use of conducted energy devices carried and knowledge of the laws and directives concerning the deployment of such weapons. Officers shall only carry conducted energy devices that are issued by the department. a. Officers will complete a basic course of instruction regarding conducted energy devices prior to being authorized to carry such weapons on duty. b. Officers will complete annual training in the use of conducted energy devices taught by a certified instructor. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the department. 17. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. SER-05.13 18. Use of lethal cover when deploying Less Lethal Weapons If time allows, when deploying less lethal weapons at persons in possession of a dangerous weapon, the officer shall first insure that lethal cover is being provided by an officer positioned so that both officers have a similar perspective of events. 19. Less Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: i. Type of weapon/munitions ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b All weapons shall be approved by the Chief of Police prior to field deployment. 20. Proficiency Records At least annually, each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. Samuel Hargadine, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions