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HomeMy WebLinkAbout0312 - FIREARMS POLICYRed Wing Police Department Policy SUBJECT: POLICY NUMBER ACME& FIREARMS 312 EFFECTIVE DATE March 12, 2018 REFERENCE(S): APPROVED BY: ENACTED DATE: CHIEF ROGER D. POHLMAN January 23, 2009 PURPOSE: This policy governing the use of firearms and the types of firearms to be carried in the performance of official duties is intended to clarify the employee's obligations in this area. POLICY: It is the policy of this department that its members shall, whenever possible, exhaust every other reasonable means of apprehension or defense before resorting to the use of any firearm. 1. DEFINITIONS A. DEADLY FORCE: Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle, in which another person is believed to be, constitutes deadly force. B. OFFICER: Any person employed by the Red Wing Police Department in a full-time capacity and who possesses a full-time peace officers license issued by the State of Minnesota P.O.S.T. Board. C. RESERVE OFFICER or COMMUNITY SERVICE OFFICER: Any person employed by the Red Wing Police Department in a reserve officer or community service officer capacity that does not possess any type of peace officers license. 2. USE OF DEADLY FORCE A. Minnesota statute 609.066 authorizes the use of DEADLY FORCE by a peace officer in the line of duty only when necessary: 1. To protect the peace officer or another from apparent death or great bodily harm; 2. To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe Page 1 of 6 FIREARMS -POLICY 312 has committed or attempted to commit a felony involving the use or threatened use of deadly force, or; 3. To effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed. 3. PERMITTED USES A. An officer of the Red Wing Police Department shall not discharge any firearm in the performance of his/her official duties except under the following circumstances and when all other means have failed or can be articulated to be reasonably expected to fail. 1. In the necessary defense from death or great bodily harm of self or another. 2. To affect an arrest, to prevent an escape, or to recapture an escapee, who is a felony suspect, when all other means have failed, when; a. The crime for which the arrest is sought involved conduct including the use of or threatened use of deadly force, or; b. There is substantial risk that the person whose arrest is sought will cause death or great bodily harm if his/her apprehension is delayed. 3. To kill a dangerous animal or one that humanity requires be destroyed to prevent further suffering due to disease or injury, and no other disposition is timely or practical. 4. For practice or qualification at an approved range facility. 4. PROHIBITED USES A. Firearms shall not be discharged under the following circumstances: 1. As a "Warning Shot". 2. At moving or fleeing vehicles unless circumstances fall within the provisions of Section 2, Use of Deadly Force, of this policy. 5. PROCEDURES TO FOLLOW WHEN FIREARM IS DISCHARGED (Does not include training, practice, or qualification). Page 2 of 6 FIREARMS -POLICY 312 A. Notification in the form of a written report must be submitted by an officer when: 1. A firearm is discharged unintentionally, or; 2. A firearm is discharged in the performance of an officer's official duties. B. An officer who discharges his/her firearm under the above circumstances shall immediately notify the supervisory officer (Sergeant), or if there is no Sergeant on duty, the senior patrol officer on duty. The officer shall make an initial report of the incident and the circumstances surrounding it to aid in any possible investigation. The initial report should be submitted prior to the end of the officer's shift. A complete and detailed report must be submitted in a reasonable amount of time after an officer is involved in the use of a firearm in a Use of Force/Deadly Force situation. The report will include the Subject Ressistance/Response Report. The report shall be submitted to the Chief of Police or their designee. 6. REGULATIONS CONCERNING THE TYPES OF FIREARMS AUTHORIZED FOR USE AND POSSIBLE SURRENDER OF OFFICER ISSUED DEPARTMENTAL FIREARMS A. Authorized type of duty firearm. 1. All licensed officers will be issued Springfield .40 caliber semi- automatic handguns. AR -15 rifle or M-4 rifle, all .223 caliber, for duty use will be assigned to individual officers or placed in assigned squad cars for duty use. Less -Lethal Shotguns will be the Remington 870, 12 gauge with orange stock and fore grip and also placed in squad cars for duty use (Refer to Policy 307 for Less -Lethal Shotguns). 2. Full-time officers may choose to purchase and carry while on duty a so-called 'back-up' or secondary handgun. These handguns shall be at least .35 caliber and no greater than .45 caliber. Provisions of this policy shall apply to these firearms as well. 3. Officers shall be required to qualify with their on -duty firearms and any secondary handgun or off-duty handgun they intend to carry prior to beginning to carry or use their firearms. a. Failure to qualify will result in the officer being forbidden to carry that particular firearm until successful qualification is completed. 4. All handguns carried by any officer of this department shall be registered by serial number under the carrying officers name. This shall include privately owned and secondary handguns. Page 3 of 6 FIREARMS -POLICY 312 5. On occasion, an on duty assignment may require an officer to carry a firearm of a size or type that is more concealable than that permitted above. In these circumstances, the express permission of the Chief of Police must be obtained and the officer must qualify with the intended weapon prior to the carrying on the duty assignment. 6. Full-time officers who are the subject of personnel misconduct investigations may be required to surrender their departmental firearm(s) at the sole discretion of the chief of police or designee. Full-time officers who are named in protective order proceedings shall be required to surrender their departmental firearm(s) unless otherwise allowed to retain them by the chief of police or designee. Careful consideration shall be given to the safety and welfare of those named in the protective order and the named officers need to retain their firearm(s). Officers who fail to immediately surrender their firearm(s) when requested are subject to discipline up to and including dismissal. B. Off Duty Firearms 1. The Police Department does not require officers to carry handguns on an off-duty basis, nor does it prohibit full-time officers from doing so except under the following circumstances: a. The type of handgun and ammunition carried by off-duty personnel shall comply with prior provisions of this policy. b. Officers who elect to carry an off-duty handgun shall have qualified with that particular firearm prior to beginning to carry it. C. Officers who choose to carry off-duty handguns shall be subject to the provisions of department policies. d. Officers who are off-duty and involved in any function where they may consume alcoholic or intoxicating beverages shall not carry any handgun. e. Officers are required to carry a departmental identification card at anytime that they are carrying an off duty handgun. C. Firearm Maintenance. 1. City Owned Firearm. a. Any officer with a firearm that is not in good working order due to a mechanical malfunction or other problem must report the Page 4 of 6 FIREARMS -POLICY 312 defect immediately to the on duty supervisor or Department Armorer. 2. Privately Owned Firearm a. Any officer with a privately owned firearm carried as a secondary firearm that is not in good working order due to a mechanical malfunction or other problem must report the defect immediately to the on duty supervisor and Department Armorer. The officer will not be allowed to carry the privately owned firearm until it is repaired. Repairs to privately owned firearms shall be at the owner's expense. 3. Officers who choose to carry a secondary or off-duty firearm shall supply both practice and regular ammunition for those firearms, pursuant to department authorization as to type. 7. AUTHORIZED AMMUNITION TYPES A. Department issued firearms shall only use ammunition supplied by the department. Any other ammunition is strictly prohibited. B. Secondary and off-duty handguns are restricted to the following standard load types of ammunition, to be provided by the officer. Any major ammunition manufacturer with expanding jacketed hollow point style bullet. C. If the above listed ammunition is not compatible with the officer's secondary or off-duty handgun, written permission must be obtained from a department firearms instructor authorizing the alternate ammunition. 8. AUTHORITY A. The Chief of Police or their designee is authorized to review the circumstances attendant with any discharge of a firearm by any member of the Red Wing Police Department. The designee shall recommend any disciplinary action, or another action as deemed appropriate, should there be any finding of violation of the Departmental Policies, or City, State or Federal laws. B. The Chief of Police shall make the final decision as to whether disciplinary action(s) shall be taken against an officer and the nature and extent of that action. C. The firearms training officer(s) shall make and/or receive recommendations for the modification of the Department's firearms use and training policies. The firearms training officer(s) shall also make/receive recommendations regarding implementation of this policy through training. Page 5 of 6 FIREARMS -POLICY 312 FIREARMS — Policy 312 Summary of Changes: Policy Effective Date March 12, 2018 Page 6 of 6 FIREARMS -POLICY 312 Chanaes: - Removed any reference to "Part -Time" employees. - Change Policy number from 16 to 312.