FIREARMS POLICY: on OR OFF DUTY PLEAC 1.3.2, 1.3.10(A)

Home , Long gun, Magazine (firearms), Revolver, Trigger (firearms)

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 10.6

Issued Date: 01-24-13 Effective Date: 01-24-13 Updated Date: 06-09-17

SUBJECT: FIREARMS POLICY: ON OR OFF DUTY PLEAC 1.3.2, 1.3.10(a)

INDEX

SECTION TITLE PAGE NUMBER

1 Policy 1

2 Definitions 1

3 Guidelines 2

4 On-Duty Authorized Revolvers, 3 Pistols, and Ammunition

5 Authorization and Qualification 5 Procedures

6 Reporting Firearms Lost or Stolen 9 In Philadelphia: City Issued or Privately Owned

7 Reporting Firearms Lost or Stolen 11 Outside of Philadelphia

8 Reclamation of City Owned Revolvers, 12 Pistols, or ECW

9 Request for Repairs or Adjustments 14

10 Reporting Transactions 16

Appendix “A” Patrol Rifles

Appendix “B” Notice of Duty Restrictions and/or Reclamation Of On-Duty Service Weapon

PHILADEPHIA POLICE DEPARTMENT DIRECTIVE 10.6

Issued Date: 01-24-13 Effective Date: 01-24-13 Updated Date: 07-19-16

SUBJECT: FIREARMS POLICY: ON OR OFF DUTY PLEAC 1.3.2, 1.3.10(a)

1. POLICY

A. Sworn members, when on duty, will carry the official city-issued service revolver, pistol or authorized alternate weapon in approved holsters as outlined in Directive 6.7, entitled, “Uniforms and Equipment.”

B. Sworn members, when off duty, may carry either their city issued firearm or an authorized privately owned firearm.

C. Sworn members will take all reasonable steps to safeguard their city issued firearm or an authorized privately owned firearm both on and off duty.

D. No city- owned firearms and/or ammunition shall be carried off duty by sworn members outside the Commonwealth of Pennsylvania unless on official business ______

2. DEFINITIONS

A. Standard Service Weapon: .38 Caliber or .357 Magnum Caliber, four (4) inch and two (2) inch revolvers identified in Section 4-A of this directive, and Glock 9mm, Models 17 or 19 Glock, .40 Caliber Model 22 and Glock .45 Caliber Model 21 or 21SF, identified in Section 4-B of this directive.

B. Alternate Service Weapon: Any approved service weapon other than the standard service weapon.

1. Glock Model 35, identified in Section 4-B of this directive.

2. Compact Alternate Service Weapon: two (2) inch revolvers identified in Section 4-A of this directive or the Glock Models 26, 27, 30 and 30SF as identified in Section 4-B of this directive.

DIRECTIVE 10.6 - 1

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3. GUIDELINES

A. All sworn members, unless otherwise restricted, upon qualification, shall be issued and carry a city-owned, standard service weapon while on duty.

1. EXCEPTIONS – VOLUNTARY ALTERNATE WEAPONS

a. All sworn members from the rank of Captain and above, Detectives or sworn members assigned to plain clothes assignments (temporary or permanent), unless otherwise restricted, may voluntarily carry a privately-owned alternate weapon, Glock Models 17, 19, 26, 27, 30 or 30SF, in lieu of the standard service weapon or city issued 2- inch revolver.

b. Sworn personnel assigned to high risk undercover assignments, unless otherwise restricted, upon authorization and qualification, may voluntarily and temporarily carry privately-owned alternate weapons, Glock models 17, 19, 26, 27, 30 & 30SF, in lieu of the standard service weapon.

NOTE: This exception shall not be used as an excuse to change from weapon to weapon while on duty or to carry both weapons while on duty, but should be used only on those occasions when concealment is a necessity for officer safety and to effectively complete an assignment.

*2 c. The privately owned alternate weapon MUST be of the same caliber as that of the individuals standard city issued pistol/revolver.

B. All eligible sworn members when on duty, regardless of rank, who voluntarily request to carry a privately-owned alternate service weapon or compact alternate weapon, must supply the chosen firearm, holster, additional magazine, and magazine carrier. All items must meet departmental specifications.

C. In the event that a temporary replacement weapon is needed (i.e. malfunction, police shooting, etc.), all eligible sworn members, regardless of rank, who voluntarily request to carry a compact alternate weapon, must retain and have available the Departmentally issued and authorized holster for their standard service weapon.

D. All standard service weapons or authorized alternate weapons, when being carried on or off duty, shall be loaded to full capacity with city-issued ammunition. For pistols, this means the magazines shall be loaded to full capacity, with one round in the chamber.

E. Sworn personnel while on duty shall not carry any weapon that they are not qualified or authorized to carry

DIRECTIVE 10.6 - 2

F. A sworn member of the Department, who is issued a city-owned or an approved privately owned weapon and/or ammunition, may carry the weapon off duty within the Commonwealth of Pennsylvania.

G. Sworn members, when off duty, may carry either their city issued firearm or an authorized privately owned firearm. See Section 5-C for off- duty firearm authorization procedures.

H. All standard service weapons and authorized alternate weapons shall not be stored in an unattended vehicle at anytime.

I. All standard service weapons and authorized alternate weapons shall be properly secured when not being carried.

J. Barring exigent circumstances, sworn personnel that have not successfully completed the recruit/in-service semi-automatic pistol training, shall not carry or handle any city- owned pistols or authorized alternate pistols.

*3/*4 K. All weapons will be inspected and approved by a certified weapons instructor or Department armorer before authorization for use is granted to department personnel. (PLEAC 1.3.8) ______

4. ON-DUTY AUTHORIZED REVOLVERS, PISTOLS AND AMMUNITION

A. Revolvers

1. Smith & Wesson: .38 Caliber Special; standard weight; (no air weight or alloy frame revolvers) blue steel or stainless steel; two (2) inch to four (4) inch barrel; six (6) round capacity (some two (2) inch revolvers will only have a five (5) round capacity).

2. Smith & Wesson: .357 Magnum Caliber; blue steel or stainless steel; four (4) inch barrel; six (6) round capacity.

3. Smith & Wesson: .38 Caliber or .357 Magnum Caliber; titanium/aluminum alloy frame; manufacturer approved for the use of .38 Caliber +P ammunition; barrel length two (2) inches, blue or stainless steel finish; six (6) round capacity.

CAUTION: The following revolvers: Colt Model Cobra and some older model Smith & Wesson air weight revolvers are not designed to fire the .38 Caliber +P ammunition. Accordingly, these firearms are prohibited from being carried on-duty, without exception.

DIRECTIVE 10.6 - 3

B. Pistols

1. Glock Model 17: 9mm Caliber semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (17 rounds).

2. Glock Model 19: 9mm Caliber semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (15 rounds).

3. Glock Model 26: 9mm Caliber semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (10 rounds).

4. Glock Model 22: .40 Caliber semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (15 rounds).

5. Glock Model 27: .40 Caliber, semi-automatic pistol, factory tennifer finish, authorized 3-dot night sights, New York #1 Trigger Spring with 8 lb. pull, standard magazine capacity (9 rounds).

6. Glock Model 35: .40 Auto Caliber; semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (15 rounds).

7. Glock Model 21-SF: .45 Auto Caliber, (Standard rails only); semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (13 rounds).

8. Glock Model 21: .45 Auto Caliber, (Standard rails only); semi-automatic pistol; factory tennifer finish; authorized Glock 3-dot night sights; New York #1 Trigger Spring with 8lb. pull; standard magazine capacity (13 rounds).

9. Glock Model 30: .45 Auto Caliber, semi-automatic pistol, factory tennifer finish, authorized 3-dot night sights, New York #1 Trigger Spring with 8 lb. pull; standard magazine capacity (10 rounds).

10. Glock Model 30-SF: .45 Auto Caliber, semi-automatic pistol, factory tennifer finish, authorized 3-dot night sights, New York #1 Trigger Spring with 8 lb. pull; standard magazine capacity (10 rounds).

C. Ammunition

1. Revolvers

DIRECTIVE 10.6 - 4

a. Smith & Wesson: city-issued, .38 caliber, 125-grain, semi-jacketed, hollow point, +P ammunition only.

2. Glock Pistols

a. Models 17, 19, and 26: city-issued 9mm Caliber, 147-grain, jacketed hollow point ammunition only.

b. Models 22, 27, and 35: city-issued .40 Caliber, 165-grain, jacketed hollow point ammunition only.

EXCEPTION: SWAT personnel are issued and carry a 180 grain, jacketed hollow point ammunition.

c. Models 21, 21-SF, 30, and 30-SF: city-issued .45 Auto Caliber 230-grain, jacketed hollow point ammunition only.

3. Department issued weapons must be loaded with department issued ammunition whether on or off- duty status.

4. Sworn members must supply their own factory ammunition for any non- department issued weapon that will be carried off duty.

5. No “Specialty Ammunition” of any type is authorized to be carried while off duty. “Specialty Ammunition” includes but is not limited to:

a. Armor piercing ammo b. Exploding ammo c. Ammo designed to defeat body armor d. Incendiary ammo e. Reload Ammunition

6. Only range approved holsters are authorized to be used during any MPO course of fire conducted at the firearms range. No hidden or novelty holsters are authorized for use at any time at the Firearms range.

D. Additional Requirements

1. The on duty use of any extended magazines in excess of the standard magazine capacity identified in Section 4-B of this directive is strictly prohibited.

2. Other than grips, the modification or use of any additional equipment, accessories or attachments to a standard service weapon or authorized alternate weapon must be approved by the Police Commissioner.

DIRECTIVE 10.6 - 5

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5. AUTHORIZATION AND QUALIFICATION PROCEDURES

A. General – All sworn members shall be authorized and issued a standard service weapon upon completion of MPO qualification/re-qualification training.

B. Exceptions – Voluntary Alternate Service Weapon (Glock Model 17, 19, 21, 22)

1. Voluntary Requests to Carry an Alternate Service Weapon (Open to all sworn members, but previous semi-automatic pistol training certification is required for eligibility)

a. Any eligible sworn member requesting to carry a privately-owned alternate service weapon on duty shall:

(1). Schedule an appointment at the Firearms Training Unit at 215-XXX- XXXX and indicate which alternate service weapon will be brought to the Unit for inspection and qualification.

(2). On the scheduled appointment date, bring the standard issued service weapon, and the privately-owned alternate weapon, including authorized holsters, and all magazines to the range. Privately-owned weapons will be inspected to ensure compliance with official specifications.

(3). Be prepared to complete the MPO firearms’ qualification course with the standard issued service weapon and the privately owned weapon. Training records will reflect that the sworn member qualified with both weapons.

NOTE: In the event that a temporary replacement weapon is needed (i.e. malfunction, police shooting, etc.), a city- owned pistol and magazines will be temporarily issued. Prior to returning to full duty, sworn members who have not completed the MPO firearms qualification course will do so, all others will test fire their weapon prior to returning to full duty.

2. Voluntary Requests to Carry a Compact Alternate Weapon (Glock Models 26, 27, 30 and 30SF: (Restricted – only Captains or higher, Detectives or Plainclothes Officers)

a. Any eligible sworn member requesting permission to carry a compact alternate weapon shall:

DIRECTIVE 10.6 - 6

(1). Schedule an appointment at the Firearms Training Unit at 215-XXX- XXXX and indicate which compact alternate weapon will be brought to the Unit for inspection and qualification (if not requesting a city-owned two (2) inch revolver).

(2). On the scheduled appointment date, bring the issued standard service weapon and the privately-owned compact alternate weapon (if not requesting a city-owned two (2) inch revolver) to the range. This includes all authorized holsters and magazines. Privately-owned compact weapons will be inspected to ensure compliance with official specifications.

3. Voluntary Requests to Temporarily Carry Privately-Owned Alternate Compact Weapons (authorized revolver (2inch) and Glock pistols (Model 26, 27, 30 and 30SF) (Restricted - only sworn members assigned to high risk undercover duties)

a. Any eligible sworn member requesting permission to carry privately-owned alternate compact weapons shall:

(1). Submit a memorandum (82-S-1) in triplicate, to their Commanding Officer requesting permission and identify the make, model, serial number, and specifications of the compact weapon(s). This memorandum must also be approved by the appropriate Deputy Commissioner.

(2). Schedule an appointment at the Firearms Training Unit at 215-XXX- XXXX and indicate which compact alternate weapon(s) will be brought to the Unit for inspection and qualification.

(3). On the scheduled appointment date, bring the privately-owned compact weapon(s) to the range. This includes all authorized holsters and magazines. Privately-owned compact weapons will be inspected to ensure compliance with official specifications.

(4). Be prepared to complete the MPO firearms’ qualification course with the standard issued service weapon and the privately owned weapon. Training records will reflect that the sworn member qualified with both weapons.

(5). Qualify annually, as required by MPO, with the privately-owned weapon(s).

C. Off Duty Weapons Authorization and Ammunition

DIRECTIVE 10.6 - 7

1. General

a. Prior to carrying any privately owned firearm(s) while off duty, all sworn members, not otherwise restricted from carrying a firearm, must be authorized to carry the firearm(s) by the Commanding Officer of the Firearms Training Unit. There is no limit to the number of firearms sworn members may be authorized to carry while off duty.

NOTE: Privately owned firearms, authorized to be carried while on duty according to Section 5-B, are exempt from this requirement.

b. All firearms must be reported to the Department in accordance with Section 10 of this directive prior to being authorized to carry while off duty.

c. .45 Caliber are the maximum caliber firearm that may be authorized to be carried off duty by sworn members.

d. No “Specialty Ammunition” of any type is permitted to be carried while off duty in any privately owned firearm authorized to be carried while off duty by sworn members. Specialty Ammunition is defined in Section 4 subsection C-5.

*2 e. Sworn members shall be required to undergo the authorization process annually for each privately owned firearm the sworn member chooses to carry while off duty. (PLEAC 1.3.10a)

2. Authorization Process

a. The Commanding Officer of the Firearms Training Unit shall develop a course-of-fire for all off-duty firearms designed to ensure general proficiency and safe handling of the firearm(s) by sworn members.

b. All privately owned firearms shall undergo a cursory safety inspection by the Firearms Training Unit, prior to being authorized to be carried off duty by any sworn member. Any defective firearms must be repaired by the sworn member before the firearms can be authorized to be carried off duty.

c. Option 1 Sworn members, who voluntarily choose to carry any privately owned firearm while off duty, may bring the firearm to their annually scheduled MPO Firearms Training. After the completion of MPO Training, the Firearms Training Unit shall allow any sworn member the opportunity to have one (1) privately owned firearm authorized to be carried off duty.

DIRECTIVE 10.6 - 8

d. Option 2 Sworn members may at any time prior or subsequent to annual MPO Training, who voluntarily chooses to carry any privately owned firearm while off duty, bring one (1) firearm during any regularly scheduled Plinking time established by the Firearms Training Unit to be authorized.

NOTE: (Applies to Options 1 and 2) The Firearms Training Unit will supply twenty-five (25) rounds of ammunition for any caliber it regularly stocks for Standard and Alternate Service Weapons. Sworn members, who choose to carry an off-duty firearm chambered in any other acceptable caliber, must bring twenty-five rounds of the appropriate ammunition. ______

6. REPORTING FIREARMS LOST OR STOLEN IN PHILADELPHIA: CITY ISSUED OR PRIVATELY OWNED

A. All revolvers, pistols and magazines lost or stolen in Philadelphia will be reported to the district of occurrence within 24 hours.

1. Officer concerned will:

a. Prepare a memorandum (82-S-1) in duplicate to his/her Commanding Officer fully explaining the circumstances.

b. Obtain from the detective division assigned, a copy of the Investigation Report (75-49) on any lost/stolen service revolver/pistol and magazines.

c. After the Commanding Officer reviews and signs the memorandum, report to the Police Academy, Firearms Training Unit, with a copy of the memorandum and the Investigation Report (75-49), to obtain a replacement weapon for a lost/stolen service revolver/pistol and magazines. Between the hours of 4:00 *1 p.m. and 8:00 a.m., report to the Police Academy, SWAT Unit, for issuance of a replacement weapon and magazines.

NOTE: An officer on duty requiring a replacement weapon and/or magazines will be transported to the Police Academy by another police officer.

(1) All police personnel will be issued a city-owned firearm and magazines as a temporary replacement.

*1 (2) The SWAT Unit will notify the Firearms Training Unit Gunshop/Armory of all such transactions on the next business day.

DIRECTIVE 10.6 - 9

2. The initially assigned investigator will:

a. Send pertinent message on stolen, lost or missing firearm and magazines.

(1) General message on firearms and magazines issued by the Philadelphia Police Department will end:

Owner - City of Philadelphia Issued to - Police Officer's name, badge number District/unit of assignment

(2) General message on privately-owned service weapon and magazine(s) will end:

Owner - Police Officer's name, badge number Employer - Police Department, City of Philadelphia District/Unit of Assignment

b. Prepare Investigation Report (75-49).

c. Forward a copy of the Investigation Report (75-49) on stolen or lost service weapons to the reporting officer.

d. Forward a copy of the Investigation Report (75-49) on all other privately- owned, stolen or lost firearms directly to the Police Academy, Firearms Training Unit.

3. Commanding Officer, on all lost/stolen weapons, will:

a. Receive, review and countersign the reporting officer's memorandum and permit the officer to obtain a temporary replacement weapon (in the Captain's absence; the squad Lieutenant may endorse the officer's memorandum).

b. Obtain from the detective division assigned a copy of the investigative report.

c. Submit a report of findings, with recommendations, along with copies of all reports, through the chain of command, to the Police Commissioner.

d. When the investigation reveals negligence or carelessness, the officer will be subjected to disciplinary action and/or be required to pay for the stolen city- owned firearm. (This is mandatory in all losses from privately-owned vehicles.)

e. In cases of theft of a city-owned firearm, a determination will be made after a full investigation as to who will bear the financial responsibility for replacement.

DIRECTIVE 10.6 - 10

f. When a city-owned firearm is lost, the officer to whom it was issued will pay the City of Philadelphia, through the Police Finance Officer, for the cost of the firearm. ______

7. REPORTING FIREARMS LOST OR STOLEN OUTSIDE OF PHILADELPHIA

A. All revolvers, pistols, and magazines lost or stolen outside of the city of Philadelphia will be reported to the police department having jurisdiction in the area.

1. Officer concerned will:

a. Report the incident to the jurisdiction of occurrence.

b. Upon returning home, report the incident immediately in person to the detective division or jurisdiction of his/her residence.

c. Obtain a copy of the police incident report from the jurisdiction of occurrence.

d. Ensure that the assigned investigator in the detective division of his/her residence receives the incident report.

e. Follow the procedures outlined in Section 6-A-1.

2. The initially assigned investigator will:

a. Contact the district of residence via computer request walk-in District Control (DC) numbers.

b. Code the Investigation Report (75-49) "Investigation for Other Jurisdictions" Code 3115. Only local general message is required in these instances.

c. Obtain a copy of the reported incident from the involved officer for the case file.

d. Follow the procedures outlined in Section 6-A-2.

3. Commanding Officer, on all lost/stolen weapons, will:

b. Obtain from the detective division assigned a copy of the investigative report.

DIRECTIVE 10.6 - 11

c. Submit a report of findings, with recommendations, along with copies of all reports, through the chain of command, to the Police Commissioner.

e. In cases of theft of a city-owned firearm, a determination will be made after a full investigation as to who will bear the financial responsibility for replacement.

f. When a city-owned firearm is lost, the officer to whom it was issued will pay the City of Philadelphia, through the Police Finance Officer, for the cost of the firearm. ______

*2 8. RECLAMATION OF CITY-OWNED REVOLVERS/PISTOLS/ECW

A. An on duty supervisor will reclaim city-owned revolvers/pistols/Electronic Control Weapons (ECW) from subordinate personnel under the following circumstances:

1. Upon orders of a Chief Inspector/Deputy Commissioner. 2. Suspension. 3. Failure to complete annual training and qualification requirements established by the Pennsylvania Municipal Police Officers Education and Training Commission (MPOETC). 4. Demotion to civilian employee status. 5. When an officer is served with a Protection from Abuse Order as outlined in Directive 3.9, Appendix “A”, entitled, “Domestic Abuse and Police Officers.” 6. Termination of employment. 7. As determined by an Internal Affairs, Commanding Officer. 8. Leave of absence or other temporary separation from the Department.

a. If the leave of absence/temporary separation from employment is thirty (30) days or more, the Commanding Officer will forward the city owned firearm, ECW to the Police Academy, Firearms, Training Unit.

b. If leave of absence/temporary separation from employment is less than thirty (30) days, the Commanding Officer shall retain the city owned firearm/ECW.

B. It is the responsibility of the officer served with any Protection from Abuse Order or other judicial order requiring the surrender of a firearm to comply with the provisions of the order and make immediate notifications.

DIRECTIVE 10.6 - 12

1. The effected officer shall:

a. Immediately contact Police Radio to dispatch a Lieutenant to their location.

b. Surrender their city owned firearm/ECW to the responding supervisor or to their Commanding Officer when applicable.

2. The responding supervisor shall:

a. Advise the officer that they are prohibited from carrying any firearm on or off duty.

b. Advise the officer that consistent with Directive 10.10, “Off Duty Police Actions,” they are prohibited from taking any off-duty police action, other than calling Emergency 9-1-1. However, this restriction shall NOT be construed or interpreted to restrict any sworn member, regardless of duty status, from defending themselves, their families, or another officer, if necessary, from serious bodily injury or death.

c. Instruct the officer to relinquish any personal firearms to the Sherriff’s Office if required by the Order.

C. When any city owned firearm/ECW is reclaimed, the Notice of Duty Restrictions Form (75-620) (Refer to Appendix “B”) will be prepared and receipted to the officer. A copy of the Notice of Duty Restrictions and the officers city owned firearm/ECW, if applicable, will be forwarded to the officer’s Commanding Officer.

NOTE: When an officer is authorized to carry a privately owned duty firearm, the weapon will not be reclaimed, however, a Notice of Duty Restrictions will still be issued to the officer. A copy of the Notice of Duty Restrictions will be forwarded to the officers Commanding Officer and the Commanding Officer, Firearms Training Unit.

D. The Commanding Officer shall ensure that the Notice of Duty Restriction along with any city owned firearm/ECW, if applicable, is forwarded to the Police Academy, Firearms Training Unit, by sworn personnel during the day work tour of duty. One copy will be receipted by the receiving agent at the Firearms Training unit and returned immediately to the Commanding Officer.

NOTE: If the Notice of Duty Restriction is issued as a result of a leave of absence/temporary separation from employment for less than thirty (30) days, the weapon will remain in the custody of the Commanding Officer, however, a copy of the Notice shall still be provided to the Firearms Training Unit.

DIRECTIVE 10.6 - 13

E. It will be the responsibility of the officer who surrendered the firearm/ECW to request re-issuance prior to returning to duty. Such a request must be made in person to their Commanding Officer. The Commanding Officer will prepare a memorandum, to the Commanding Officer, Firearms Training Unit for re-issuance of the officer’s service firearm, if applicable.

F. A resignation or retirement will not be processed until the clearance on the firearm is received from the Police Academy, Firearms Training Unit. Such clearance will be validated by a supervisor, Firearms Training unit, or their properly designated representative. All firearms/ECW’s must be returned to the Police Academy, Firearms Training Unit, Monday through Friday, during the 8:00 a.m. to 4:00 p.m., tour of duty. ______

9. REQUESTS FOR REPAIRS OR ADJUSTMENTS

A. All service revolver/pistol/alternate weapon repairs or adjustments will be made by an authorized armorer at the Police Academy, Firearms Training Unit. All requests will be made in person at the Police Academy, Firearms Training Unit. When a privately- owned revolver/pistol/alternate weapon being carried as an on-duty weapon needs repairs, any parts needed to repair the weapon will be supplied by the officer who owns/carries the weapon.

NOTE: Police personnel on duty with a suspected malfunctioning service revolver/pistol/alternate weapon will be transported by another police officer to the Police Academy, Firearms Training Unit, for repairs. If malfunction *1 occurs between the hours of 4:00 p.m. to 8:00 a.m., report to the Police Academy, SWAT Unit, for issuance of a replacement weapon. Any officer(s) replacing an alternate weapon will contact the Firearms Training Unit on the next business day to schedule for re-qualification.

1. If after the inspection, the armorer determines that a city-owned weapon has been neglected, abused, altered or has not been properly maintained and is not suitable for service, the armorer will:

a. Notify a Firearms Training Unit supervisor immediately.

b. Issue a replacement weapon to the involved officer, revolver or pistol, whichever is applicable. Prior to returning to full duty, sworn members who have not completed the MPO firearms qualification course will do so, all others will test fire their weapon prior to returning to full duty.

c. Submit the weapon along with a memorandum to the Commanding Officer, Firearms Training Unit, outlining his/her findings.

DIRECTIVE 10.6 - 14

2. If after the inspection, the armorer determines that a privately-owned weapon has been neglected, abused, altered or has not been properly maintained and is not suitable for service, the armorer will:

a. Notify a Firearms Training Unit supervisor immediately.

b. When warranted, issue a city-owned replacement revolver or pistol to the officer, whichever is applicable.

c. Instruct the officer that they must have the weapon repaired by a private gunsmith and that the weapon cannot be used on duty.

d. Prepare a memorandum to the Commanding Officer, Firearms Training Unit, outlining their findings.

B. The Commanding Officer, Firearms Training Unit, on all city-owned neglected, abused, etc. weapons will:

1. Conduct a full investigation regarding the condition of the weapon.

2. Submit a report of findings, with recommendations and copies of all reports, through the chain of command, to the Police Commissioner.

3. When the investigation reveals negligence or carelessness, the officer will be subjected to disciplinary action and/or be required to pay for repairs or replacement of the weapon.

C. The Commanding Officer, Firearms Training Unit, on all privately-owned neglected, abused, etc. service weapons will:

1. Notify by memorandum the affected officer and his/her Commanding Officer that they are not permitted to carry a privately-owned service weapon while on duty until:

a. Necessary repairs are made and/or appropriate replacement weapon has been purchased.

b. The officer has reapplied for authorization to carry a privately-owned weapon and required approvals are received (as outlined in Section 5. of this directive.)

2. Ensure that the Firearms Training Unit's files reflect that the officer has been issued a city-owned weapon, if applicable.

DIRECTIVE 10.6 - 15

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10. REPORTING TRANSACTIONS

A. The receipt or disposition by purchase, sale, trade, or transfer of any firearm by police personnel will be in accordance with the Pennsylvania Uniform Firearms Act.

B. All transactions by police personnel, involving handguns only, will be reported on the Personnel Data Form (75-350B), in triplicate, signed by their commanding officer and distributed as follows:

1. Police Personnel Department, PHQ, Room 308

2. Police Academy, Firearms Training Unit

3. Retain in district/unit file. ______RELATED PROCEDURES: Directive 3.9, Domestic Abuse and Violence Directive 6.7, Uniforms and Equipment Directive 10.1, Use of Force – Involving the Discharge of Firearms Directive 10.2, Use of Moderate/Limited Force Directives 10.7, Critical Response/Critical Incident Negotiations Directive 10.10, Off Duty Police Actions

BY COMMAND OF THE POLICE COMMISSIONER

FOOTNOTE GEN# DATE SENT CHANGES *1 1508 02-10-14 Addition *2 2363 09-24-14 Addition/Change *3 8184 08-26-15 Addition *4 9394 07-19-16 Change *5 0386 06-09-17 Rev Apdx A

DIRECTIVE 10.6 - 16

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 10.6

APPENDIX “A”

Issued Date: 06-09-17 Effective Date: 06-09-17 Updated Date:

SUBJECT: PATROL RIFLES ______

1. POLICY

A. It is a priority of the Philadelphia Police Department that our officers hold the highest regard for the sanctity of human life, dignity and liberty of all persons. The application of deadly force is a measure to be employed only in the most extreme circumstances and all lesser means of force have failed or could not be reasonably employed.

B. The Patrol Rifle Program is provided to enhance the Department’s ability to protect lives. The rifle is to be deployed only in high threat confrontations involving heavily armed or multiple offenders, or against violent offenders who are utilizing body armor. The intent is to contain a high threat situation until SWAT can arrive. The Patrol Rifle program is not a replacement for SWAT and Directive 10.7, “Crisis Response/Critical Incident Negotiations.”

C. All policies of Directive 10.1, “Use of Force – Involving the Discharge of Firearms” will continue to establish the criteria for the discharge of all firearms.

1. Police Officers shall not use deadly force against another person, unless they have probable cause that they must protect themselves or another person from imminent death or serious bodily injury. Further, an officer is not justified in using deadly force at any point in time when there is no longer probable cause to believe the suspect is dangerous, even if deadly force would have been justified at an earlier point in time. ( PLEAC 1.3.2)

2. Police officers shall ensure their actions do not precipitate the use of deadly force by placing themselves or others in jeopardy by taking unnecessary, overly aggressive, or improper actions.

NOTE: Serious bodily injury is defined as bodily injury, which creates a substantial risk of death or, which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

DIRECTIVE 10.6 - 1 APPENDIX “A”

D. The patrol rifle is reserved for the most volatile of critical incidents and is only removed from a vehicle in exigent circumstances, and SWAT is not on the scene. The weapon has a high round capacity and a backdrop that is unforgiving. Because of these factors, any patrol rifle trained officer/supervisor may arm themselves with a patrol rifle under immediate, life-threatening conditions, such as an active shooter and when:

1. An immediate, life threatening tactical situation involving suspect(s) armed with a rifle and/or deadly weapon for which department authorized handguns would reasonably be considered ineffective.

2. Facts reasonably known to the officer/supervisor that the suspect(s) is armed or concealed in a superior tactical position that offers protection from small arms firepower and officers or civilians are in immediate danger.

3. Facts reasonably known to the officer/supervisor that the suspect(s) is utilizing body armor or the use of anything as a shield constructed of material that would make small arms firepower ineffective and officers or civilians are in immediate danger.

4. The officer/supervisor is able to articulate reasons for deploying a rifle, including, but not limited to the tactical situation, threat, environmental and background conditions, and the imminent danger to self, other officers, and civilians.

NOTE: Before an officer can deploy the patrol rifle, the officer must get authorization over police radio from a patrol supervisor. ______

2. DEFINTIONS

A. Long Gun Certification - Certification which authorizes police personnel to transport and use a departmentally issued Patrol Rifle. Authorized officers must be re-certified twice a year. The first re- certification must take place between January and June and the second between July and December.

B. Patrol Rifle Log Book - A daily written or typed document which records the status of a long gun during a district or unit’s hours of operation. The Operations Room Supervisor of each tour of duty is responsible for making these entries.

C. Magazine - An ammunition storage and feeding device within or attached to a repeating firearm. It functions by moving the cartridges/rounds stored in the magazine into a position where they may be loaded into the chamber by the action of the firearm.

DIRECTIVE 10.6 - 2 APPENDIX “A”

D. Rapid Rack Chamber - An empty chamber indicator that also operates as a load Indicator assist device for law enforcement officers. Its purpose is to keep the patrol rifle ready with a fully loaded magazine and an empty chamber.

E. “Long Gun” Vault - A fabricated metal box secured with a key and lock. This box is mounted in select patrol vehicles. Its purpose is to protect and secure the patrol rifle from unauthorized individuals in addition to protection from damage during daily patrol functions. ______

3. PATROL RIFLE QUALIFICATION:

A. Certification:

1. Only sworn personnel who are trained and certified may use the patrol rifle.

2. Commanding Officers of districts/units authorized by the Police Commissioner to carry patrol rifles may request training for sworn personnel of their command by submitting a memorandum to the Commanding Officer, Firearms Training Unit through the chain of command.

3. Sworn personnel who wish to be considered to qualify, carry and use the patrol rifle must:

a. Be recommended by their Commanding Officer.

b. Be in full-duty status, (not limited, restricted, long term sick or IOD status).

c. Have a satisfactory performance report for their last evaluation.

d. Not listed on the sick abuse list.

e. Be able to successfully pass the patrol rifle qualification course with at least a 90%.

f. Successfully re-qualify with the patrol rifle semi-annually with at least a 90%.

g. Have successfully completed the handgun MPO course with a 90% or above.

DIRECTIVE 10.6 - 3 APPENDIX “A”

h. Personnel that have been found guilty of Section 6-§008-10 of the Disciplinary Code, “Discharging, using, displaying or improper handling of a firearm while not in accordance with Departmental Policy” will not be certified during the reckoning period. After the reckoning period, determination on eligibility for certification will be made by the Deputy Commissioner, Organizational Services.

4. Sworn personnel who successfully complete the certification process will be issued a long gun shooting badge.

B. De-certification:

1. A member may be de-certified and their privilege to carry and use the patrol rifle may be suspended or revoked as deemed necessary by the Police Commissioner or designee. In addition:

a. Supervisors who observe inappropriate display or use of a patrol rifle by an officer will immediately order the officer to surrender the weapon to a supervisor.

b. The supervisor will prepare a memorandum through the chain of command to the Commanding Officer, Firearms Training Unit explaining the particulars of the incident.

c. The officer will be de-certified if it has been determined that the patrol rifle was deployed improperly or discharged in a manner inconsistent with the policies and directives of this Department.

d. Failure to maintain semi-annual certification will result in de-certification.

NOTE: It is the officer’s responsibility to maintain their rifle certification and to inform the heavy weapon liaison supervisor of their certification and re-certification.

e. The Commanding Officer, Firearms Training Unit, will notify the appropriate Commanding Officer when an officer is de-certified.

f. The officer will be de-certified until a formal request is made by their Commanding Officer to re-instate the officer into the patrol rifle program and the officer meets the qualifications for certification. ______

4. PATROL RIFLE FAMILIARIZATION COURSE

A. To ensure compliance with the patrol rifle policy, Commanding Officers will ensure that all supervisors within their command attend a patrol rifle familiarization course.

DIRECTIVE 10.6 - 4 APPENDIX “A”

B. Any supervisor not long gun trained will be required to complete the long gun familiarization course in order to transport, supervise and enforce compliance with this appendix. ______

5. PATROL RIFLE ISSUANCE / TRANSPORTATION

A. The Commanding Officer will designate a supervisor to serve as a heavy weapon liaison supervisor.

B. Each patrol rifle shall only be issued and transported by a certified officer/supervisor.

C. The Patrol Rifle should always be stored and transported with a rapid rack chamber indicator inserted into the chamber of the weapon.

1. Anytime a patrol rifle is observed without a rapid rack chamber indicator protruding from the ejection port, it should be considered loaded. Unless the weapon is being deployed in response to a high threat confrontation (as outlined in this appendix), it should be immediately made safe by an individual who is long gun trained or a supervisor who has received long gun familiarization. If there are no long gun certified personnel available in that district or division, a supervisor will immediately contact Police Radio who will dispatch SWAT to the location to clear the weapon.

2. For safety concerns, the officer who is in control of the patrol rifle should not affect the physical arrest of an individual. The back-up officer(s) have the responsibility to physically take the individual into custody.

NOTE: The Patrol Rifle, in order to best serve the tactical needs of police, shall be issued to the on-duty platoon Lieutenant, Sergeant or Police Officer provided that the member is certified and their patrol vehicle is equipped with a “long gun vault” in the trunk.

D. When issuing a patrol rifle to an officer/supervisor, the Operations Room Supervisor (ORS) shall:

1. Verify that the officer/supervisor has met all applicable patrol rifle qualifications and re-qualification requirements.

2. Record the following information in the patrol rifle logbook:

a. Rifle serial number.

b. Name, rank and badge of the officer/supervisor to whom the rifle is issued.

DIRECTIVE 10.6 - 5 APPENDIX “A”

c. Vehicle assignment.

d. Number of rounds issued.

e. Number of magazines issued.

f. Name of person issuing the weapon.

NOTE: The ORS will ensure that Active Shooter Response gear (ballistic helmets and ballistic plate carrier vests) is issued to the officer/supervisor at the time the patrol rifle is issued for that tour of duty.

3. Ensure that the Assignment Sheet (75-192) and computerized vehicle strength report indicates:

a. which officer/supervisor was issued a patrol rifle.

b. Police Radio is aware of officers working that tour who are patrol rifle certified.

E. When transporting a patrol rifle in a vehicle:

1. Patrol rifles will only be transported in a patrol car by the officer/supervisor who is assigned the rifle.

2. The officer/supervisor, upon being assigned a rifle, shall be responsible for the proper safety inspection of the weapon prior to taking possession of the rifle.

3. The officer/supervisor, prior to placing the weapon in the “long gun vault”, shall conduct a safety check to ensure the rifle has a rapid rack chamber indicator inserted (this will ensure that there are no rounds in the chamber).

a. The selector lever is set on “safe.”

b. A fully loaded magazine is properly seated in the magazine well of the weapon.

NOTE: Only departmental issued ammunition for the patrol rifle shall be carried in the rifle.

4. Except under exigent circumstances, the patrol rifle shall only be transported while secured in the department issued “long gun vault” of the patrol vehicle.

5. The vehicle shall be locked at all times, and the rifle secured in the “long gun vault” when the officer/supervisor is not physically inside or next to the vehicle.

DIRECTIVE 10.6 - 6 APPENDIX “A”

6. If the vehicle carrying a patrol rifle is involved in an accident, a supervisor will, when safe to do so remove and return the rifle to the district or unit of assignment.

F. Each member, upon being issued a patrol rifle shall:

1. Be responsible for the proper safety inspection of the firearm prior to assuming responsibility for the rifle. All safety inspections shall be conducted at the bullet trap.

2. Not alter, modify or add equipment to the patrol rifle.

3. Observe all required safety procedures when carrying, loading, unloading or transporting the patrol rifle.

G. If no trap is available, then the weapon will be pointed in a safe direction such as a curb or the base of a wall (concrete, brick) away from others to safely load or unload the weapon.

H. The patrol rifle shall be removed from the car and returned to the Operations Room by a Supervisor or long gun certified officer only at the end of each tour, with the magazine out, unloaded, rapid rack chamber indicator in place and the safety on.

I. When deploying the patrol rifle, the officer/supervisor shall:

1. When no immediate threat is present, carry the rifle as followed:

a. Rapid rack chamber indicator in place (this will ensure that there are no rounds in the chamber).

b. Selector lever on “safe.”

c. A fully loaded magazine is in the well of the rifle.

2. When an immediate threat is present, or conditions escalate to the point where an immediate threat may be present, charge the weapon by removing the rapid rack chamber indicator.

3. After every deployment, a Use of Force form (75-623) shall be completed by the authorizing patrol Supervisor and submitted in accordance with Directive 10.2 “Use of Moderate/Limited Force,” (SWAT, Counter-Terrorism Operations and Narcotics are exempted). Ensure that a copy of the “Use of Force” form is forwarded to the Commanding Officer, Firearms Training Unit.

DIRECTIVE 10.6 - 7 APPENDIX “A”

______

6. STORAGE OF PATROL RIFLES

A. Patrol rifles will always be stored in the secure storage area of the assigned police installation as designated by the Commanding Officer of the District/Unit, after consultation with the Commanding Officer of the Firearms Training Unit.

B. The storage area must be capable of being secured and shall be locked at all times unless entered by a supervisor.

C. The accessibility of keys or combination to locks of the storage area shall be determined by the respective Commanding Officer. They shall not be made available to members below the rank of Corporal.

D. When an officer returns the patrol rifle to their respective headquarters for storage, the member shall ensure that the weapon:

1. Has the safety on.

2. Has a rapid rack indicator in place (this will ensure that there are no rounds in the chamber).

3. Has the magazine out of the magazine well.

E. All police facilities that store patrol rifles must have a portable bullet trap for the safe loading and unloading of the weapon.

F. Patrol rifles shall always be stored with a rapid rack indicator in place (this will ensure that there are no rounds in the chamber) and the magazine removed from the magazine well.

G. The Operations Room Supervisor or certified supervisor who receives the patrol rifle shall:

1. Ensure the rifle is stored in the “rack safe” condition as follows:

a. There is no magazine in the well of the weapon.

b. Have a rapid rack indicator in place (this will ensure that there are no rounds in the chamber).

c. The dust cover is in the closed position.

2. Ensure that the patrol rifle ammunition is processed and stored as follows:

DIRECTIVE 10.6 - 8 APPENDIX “A”

a. The ammunition shall remain in the original box until issued.

b. Any issued ammunition that has been removed from the original box shall be stored in the patrol magazine.

c. Under no circumstance shall loose ammunition be stored other than in the appropriate magazine(s).

d. Any magazine that is stored while loaded shall be unloaded every month, and the ammunition loaded into an alternate magazine.

e. When rotating ammunition, each round shall be inspected to note any damage or defect.

f. Defective round(s) shall not be reloaded into a magazine, but shall be properly and safely transported to the Firearms Training Unit for disposal. ______

7. COMMAND AND SUPERVISORY RESPONSIBILITIES:

A. Commanding Officers, District/Units are responsible to ensure absolute accountability for the weapons, ammunition and accessories assigned to their command, and shall:

1. Designate a supervisor to be the heavy weapon liaison.

2. Recommend those members who are eligible to become patrol rifle certified by forwarding a memorandum for training through the chain of command to the Commanding Officer, Firearms Training Unit.

3. Designate and maintain a safe and secure patrol rifle storage area at the district/unit headquarters.

4. Ensure that members within their command maintain their patrol rifle certification, and the information is readily available at all times.

5. Ensure that all patrol rifles assigned to their respective commands are sent to the Firearms Training Unit’s Armory for inspection and maintenance on an annual basis. During these annual inspections, old ammunition will be replaced.

B. Heavy Weapon Liaison Supervisors on each tour of duty shall:

1. Ensure that the Patrol Rifle Logbook is maintained.

2. Inspect all patrol rifles weekly for defects and/or damage.

DIRECTIVE 10.6 - 9 APPENDIX “A”

3. Upon discovering a defect/deficiency in a patrol rifle, ensure that all weapons in need of repair are transported in a safe manner to the Firearms Training Unit.

NOTE: Only a CERTIFIED PHILADELPHIA POLICE ARMORER shall make any repairs or modifications to the patrol rifle; this includes the sights.

4. Ensure that the patrol rifles are free of dirt and moisture. If further cleaning is necessary, the patrol rifle will be sent to the Firearms Training Unit, Armory.

5. Submit a report on the fifth day of each month to the District/Unit Commanding Officer detailing the status of each patrol rifle.

C. The Commanding Officer, Firearms Training Unit shall be responsible for:

1. Training, certification and re-certification of all officers in the proper handling and use of the patrol rifle.

2. De-certifying officers from the patrol rifle program.

3. Maintaining current training and certification information records of all officers certified in the use of the patrol rifle.

4. Forwarding patrol rifle training and certification information records to the concerned officer’s Commanding Officer.

5. Maintaining a complete inventory of all patrol rifles owned by the department.

6. Issuing, replacing, and reclaiming patrol rifles to authorized district/units within the department.

7. Ensuring all Firearms Training Unit Armorers inspect all department patrol rifles on an annual basis, and any old or damaged ammunition is replaced. ______

8. REPORTING LOST OR STOLEN PATROL RIFLES

A. The loss or theft and any patrol rifle shall be processed in the same manner as prescribed in Directive 10.6, “Firearms Policy: On or Off Duty,” Section 7.

NOTE: The Police Commissioner or designee shall determine the number of patrol rifles to be assigned to a district or unit. ______

BY COMMAND OF THE POLICE COMMISSIONER ______

DIRECTIVE 10.6 - 10 APPENDIX “A”

PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 10.6

APPENDIX “B”

DIRECTIVE 10.6 - 1 APPENDIX “B”