General Order # 03-11 CONCORD POLICE DEPARTMENT Manual Code: 1.07
Section: OPERATIONS Effective Date: 08/30/2005
Accreditation Standard Reference: 1.2.2, 1.3.9 a, b, c, d, e, 1.3.10, 1.3.11 a, b, c, d, 1.3.12 Revised Date: 02/11/2020
Authorized Signature: Pages: 10
Authorized Weapons
Discussion Sworn Police officers in Massachusetts are authorized to carry and use a variety of [1.2.2] weapons. M.G.L. c. 41, § 98, for example, permits officers to carry firearms as authorized by the Chief of Police.
Policy It is the policy of the department to:
1. Require that all officers shall only carry firearms, ammunition and other weapons that are authorized by the department; and
2. Require that all officers be properly trained, and certified when appropriate, in the use of any authorized firearms or other weapons before being authorized to carry or use such weapons.
Procedures and Guidelines
Firearms Drawing Or Displaying
An officer shall avoid the unnecessary display of firearms and not draw a firearm except when there is justification for its use to accomplish a proper police response. However, in responding to any potentially dangerous situation (i.e. searching a building pursuant to a burglar alarm or approaching a business establishment on a report of a robbery in progress, etc.), the officer should carry his/her firearm in a position that will facilitate its speedy, effective, and safe use. Officers shall not point firearms at persons in circumstances which are clearly unjustifiable.
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Permissible Officers shall only carry firearms and ammunition, and other lethal and less lethal Weapons and weapons issued or authorized by the Department while on duty. Ammunition [1.3.9] Officers shall carry their issued service weapon while on duty unless authorized by the Chief of Police to carry a different weapon. An officer shall not alter or modify his/her firearm or ammunition in any way without the express permission of the Chief of Police.
[1.3.9] While off-duty, and identifying themselves in a law enforcement capacity, an officer may only carry firearms and ammunition authorized by the Department for which the officer has been qualified. (This will not apply to hunting or target practice.)
[1.3.9 c] All on-duty weapons shall be reviewed, inspected and approved by a qualified weapons instructor or Armorer prior to carrying.
[1.3.9 e] The Chief or his/her designee shall maintain a list of each weapon approved for official use.
Any officer employed by the Concord Police Department may be issued a License to Carry (LTC), even if a non-resident.
NOTE: Under Massachusetts General Laws, a police officer is authorized to carry an issued or authorized firearm at all times when on duty and may carry such firearm while off duty within the Commonwealth of Massachusetts. Also covered under Federal Law H.R. 218 (Law Enforcement Officers’ Safety Act of 2004/National Concealed Carry for Cops).
On July 22, 2004, President George W. Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 108-277, went into effect immediately. The bill exempts qualified active and retired law enforcement officers from local and State prohibitions on the carrying of concealed firearms. On October 12, 2010, President Barack H. Obama II signed S. 1132, the “Law Enforcement Officers’ Safety Act Improvements Act,” into law. The Act, now Public Law 111-272, went into effect immediately. The bill improves the ability of retired officers to comply with the documents required by existing Federal law when carrying a firearm under 18 USC 926C and makes other modifications to existing law. On January 2, 2013, President Barack H. Obama II signed H.R. 4310, the “National Defense Authorization Act,” into law. The Act, now Public Law 112- 239, went into effect immediately. The Law Enforcement Officers’ Safety Act (LEOSA) as amended can be cited as 18 USC 926B (for active duty law enforcement officers) and 18 USC 926C (for retired or separated officers).
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Protection Members of the Department shall take all reasonable precautions to ensure that of Weapons weapons issued to them by the Department are protected from loss, misuse, or theft.
Condition Officers are responsible for keeping their issued weapons clean and in good of Weapons working order. A weapon which malfunctions shall be returned to the Department [1.3.9 d] Armorer forthwith.
Training and All officers shall qualify with their issued service weapon(s) and any other weapon Qualification they are authorized to carry while on or off-duty and receive in-service training on [1.3.11] the Department’s G.O. #05-03 Use of Force policy annually.
[1.3.11 d] If all weapon and weaponless control techniques with the potential to cause serious injury are authorized, it shall be included in the annual in-service Use of Force curriculum.
[1.3.11 a] Qualifications shall be under the direction of a certified weapons or tactics instructor.
[1.3.10] Following a reasonable period of practice and training, all officers must qualify in accordance with the standards established by the Municipal Police Training Committee (MPTC) and the Executive Office of Public Safety and Security (EOPSS) in order to be authorized to carry such weapon.
[1.3.11 c] Officers who fail to qualify with their service weapon(s) shall be denied permission to carry such weapon. The officers will receive remedial instruction and will be given a reasonable amount of time to qualify while assigned to administrative duty prior to resuming official duties.
[1.3.9 c] Qualification shall include an inspection of any firearm used by the officer to ensure that it is in good working condition.
No member of this Department will be authorized to carry a firearm until he/she has:
1. Been issued a copy of the Department's G.O. # 05-03 Use of Force, received instruction, and successfully passed a written examination on same; and
2. Qualified at the range.
[1.3.11 b] Weapons training, proficiency results, and issuance of G.O. # 05-03 Use of Force and accompanying examination shall be documented by the instructor and [1.3.12] maintained by the Chief of Police or his/her designee.
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Off Duty Weapons Any weapon that an officer carries on his/her person while off-duty for protection [1.3.9] or to enable him/her to take action as a police officer (especially a weapon carried by an officer to and from an assigned tour of duty) excluding the officer's issued service weapon, will be considered an off-duty weapon.
Any officer who has not qualified with his/her approved off-duty weapon shall not be indemnified by the Department for any use of such weapon until such time as the officer has qualified.
[1.3.9 c] Any officer who desires to carry an off-duty weapon must first submit a written request to the Chief of Police detailing a complete description of the firearm.
[1.3.9 c] Prior to carrying such weapon, it must be inspected and approved by a qualified weapons instructor or armorer satisfactory to the Chief of Police. Weapons found by such instructor or armorer to be unsafe may not be used. A record of all approvals shall be maintained by the Chief of Police.
[1.3.10] If the weapon is approved by the Chief of Police, the officer must qualify with the weapon at the range.
[1.3.10] Only officers demonstrating proficiency in the use of Department authorized off- duty weapons may carry such weapons.
CEW’s will only be allowed to be carried on duty or while traveling to or from any authorized assignment.
The officer may, however, carry his/her service weapon while off duty (if he/she has qualified with it).
[1.3.9 b] All ammunition carried in an approved off-duty weapon must be of a type approved by the Department.
All approved off-duty weapons must be carried in a type of holster approved by the Chief of Police or his/her designee.
All officers shall qualify with their off-duty weapon at least on an annual basis.
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Special Weapons Only issued or approved equipment will be carried on duty and used when applying [1.3.9 a] any level of less lethal force.
Unless authorized to be carried in the police vehicle at all times by the Chief of Police, special weapons (shotguns, sniper rifles, etc., and ammunition for same) will be maintained in a secure area of the Police Department.
NOTE: If the Chief of Police authorizes special weapons, such as shotguns, to be carried in the police vehicle on routine patrol, all members of the Department must be qualified in the use of the authorized special weapon.
[1.3.11 a] When not carried in the patrol vehicle on routine patrol, special weapons will only [1.3.11 b] be issued with the knowledge and permission of the Shift Supervisor of the police station, to officers who have qualified with them:
All officers authorized to use any of the Department's special weapons will qualify with the weapon(s) they are authorized to use, in accordance with the standards established by the Municipal Police Training Committee (MPTC), the manufacturer, or the Department's Firearms Instructor, at least annually.
A listing of all officers who have qualified with each special weapon will be maintained with the weapons.
The Department Armorer of the police station will use a Weapons Sign-In/Out Sheet to maintain accountability for these weapons.
Special weapons may be selectively issued by the Shift Supervisor of the police station if, in his/her opinion, they are necessary to ensure the safety and effectiveness of police operations. Officers armed with special weapons in such circumstances shall use those weapons in accordance with the provisions of applicable Departmental policies and procedure, as well as any additional guidelines issued at the time.
Prior to issuing any special weapon, the shift supervisor of the police station shall inquire of any officer to whom he/she intends to issue the weapon whether or not that officer is currently qualified in its use. It is the responsibility of a police officer not to accept a special weapon unless he/she is qualified in its use.
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Less Lethal The Department shall maintain a list of the types of authorized less lethal weapons. Weapons [1.3.9 a]
[1.3.10] All officers shall be properly trained at least bi-annually, and certified when appropriate, in the use of any less lethal weapons (such as batons or chemical substances) before being authorized to carry such weapons.
Pepper Spray Pepper spray may be used to: (OC) Protect an officer or other person from an assault;
Subdue a person who resists arrest; or
Control persons engaged in riotous or violent conduct.
Whenever practical and reasonable, officers should issue a verbal warning prior to using pepper spray.
It is preferred that chemical substances shall be used against an active resistant individual or above as defined by the Use of Force Chart (page 2, G.O. # 05-03 Use of Force), or if a lesser degree of force would reasonably achieve the same end.
NOTE: No tactical advantage is realized by indiscriminate use of pepper spray against non-combative persons.
Once the person is incapacitated or restrained, the use of pepper spray is no longer justified.
Pepper spray is not intended to be a substitute for other weapons in situations in which the use of other weapons is more appropriate.
The officer will file the appropriate reports whenever he/she uses pepper spray.
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Police Baton The Police Baton may be used:
1. As a restraining or come-along tool in instances where verbalization and physical strength have failed or would obviously be futile;
2. As a defensive weapon to ward off blows;
3. As a defensive weapon to deliver disabling blows to non-vital areas of the body as a means to halt or deter a subject when all lesser means of applying less lethal force have failed or would obviously be futile. An officer is justified in using this type of force under the following circumstances:
To overcome the violent resistance of an arrestee; To overcome an assault on an officer or a third party; or To deter persons engaged in riotous or violent conduct;
4. Lethal force may be permissible if no other option is available.
Anytime the police baton is used to strike a person or a subject is injured when applying a takedown or come-along hold the appropriate reports must be completed.
Electronic Conducted Electrical Weapons (CEWs) are used to deal with only that level of force Control reasonably necessary to control or otherwise subdue violent or potentially violent Weapons individuals. CEWs have been proven effective as a less-lethal alternative for Law Enforcement, and are authorized for use in appropriate circumstances by trained and authorized personnel only. NOTE: Officers shall refer and comply with Department Policy G.O. # 09-03 (Conducted Electrical Weapon) and G.O. # 05-03 (Use of Force).
There are two levels of force where CEWs are authorized:
1. Compliance Techniques: Include countermeasures designed to counter the subject’s enhanced degree of resistance. These tactics could include control and restraint techniques, takedowns, pressure points and distraction techniques, OC spray, etc. Using the CEW in a DRIVE STUN mode would be justified as a Compliant Technique.
2. Defensive Tactics: Include countermeasures designed to counter the subject’s perceived non-lethal assault on the officer or others, regain control and assure continued compliance. These tactics could include weapon/weaponless strikes, etc. When firing the CEW, it would be considered a Defensive Tactics tool with the goal of stopping an Assaultive (bodily harm) Subject.
CEWs shall be stored in a locked container consistent with firearms storage.
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Other Less If any other less lethal weapons are authorized, a policy on their use shall be Lethal Weapons prepared.
Training In addition to demonstrating proficiency as required elsewhere in this policy, officers shall receive training on the Department’s Use of Force policy at least annually regarding deadly force and at least bi-annually concerning less lethal force.
Authorization: Only weapons and ammunition authorized by the Chief of Police may be carried and Weapons and used by Concord Police Department personnel in a Law Enforcement capacity Ammunition This shall apply to both on-duty and off-duty. [1.2.2] [1.3.9] Police Officers in Massachusetts have the legal authority to carry and use a variety [1.3.12] of weapons. M.G.L. c. 41, § 98, for example, permits officers to carry firearms as authorized by the Chief of Police.
All officers shall be properly trained and demonstrate proficiency in the use of lethal and less-lethal weapons before being authorized to carry or use such weapons, and shall be instructed in the Department’s Use of Force policies and procedures by a Department Weapons Instructor. Documentation of this training shall be forwarded to the Training Supervisor.
Authorization: Lethal weapons approved for use: Weapons and Ammunition Glock 9MM Model 17, Glock 9MM Model 26 semi-automatic pistols (Lethal and SIG Sauer MCX SBR 9” .300BLK caliber rifle Less Lethal) Bushmaster semi-safe M-4 Type .223 caliber rifle [1.3.9 a] .410 caliber single shot shotgun Colt AR15 semi-safe .223 caliber rifle Benelli M2 Semi-Automatic Shotgun
Less Lethal weapons approved for use:
Sabre Red Cone/Stream 2.0 .oz. canister Straight Baton, fixed or expandable PR-24, fixed or expandable X26P TASER with 21 foot Air Cartridge Remington 870 Pump Action Shotgun/Orange Stock Defense Tech #3027 Drag Stabilized 12 gauge Bean Bag Round
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Authorization: The Department maintains special weapons for Northeastern Massachusetts Law Weapons and Enforcement Council Special Weapons and Tactics (SWAT) Officers. Department Ammunition approved rifles and shotguns: (Lethal and Less Lethal) Colt AR15 semi-safe .223 caliber rifle [1.3.9 a] Bushmaster M16A1 automatic rifle Remington 870 12 gauge shotgun Remington 700P bolt action rifle .308 caliber H&K Model MP5SD 9mm Benelli M2 Semi-Automatic Shotgun
Authorization: Approved ammunition for use (Note- The following ammunition manufacturers are Weapons and listed but not limited to those identified below): Ammunition (Approved Federal Classic 9mm Luger 147 grain JHP Jacketed Hollow Point for Use) Federal .223, 55 grain Nosler ballistic tip or 55 grain FMG [1.3.9 b] Winchester 410 gauge target load Federal Premium 12GA 9 pellet 00 Buck Federal Premium 12GA Rifle Slug .300 Blackout Rifle Ammo
Authorization: Weapon or ammunition changes, modifications or additions shall be reviewed, Weapons and inspected and initially approved by a Department Weapons Instructor or Armorer, Ammunition prior to carrying. This initial approval shall be forwarded to the Chief of Police (Review and and/or his/her designee for final approval. Inspection, Approval) A Department Weapons Instructor or Armorer shall be responsible for maintaining a [1.3.9 c] record of all Department weapons, equipment, and ammunition. A copy shall be [1.3.9 d] forwarded to the Training Supervisor. Officers shall use only authorized and issued [1.3.9 e] [1.3.12] weapons and ammunition. All officers shall be issued and receive instruction in the Department’s Use of Force policy and applicable laws before being authorized to carry any Department weapon.
Officers shall be assigned a replacement service weapon if their issued weapon becomes inoperable. The officer shall tag the defective weapon, noting the malfunction, and turn it in to the Shift Supervisor who will secure it in the gun locker inside the Shift Supervisor’s office. Notification shall be made to the Department’s Weapons Instructor as soon as possible
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Authorization: Officers are responsible for their Department issued weapons and equipment Weapons and twenty-four hours (24) per day. Ammunition (Responsibilities) All officers shall be issued a tamper resistant safety device for use on Department [1.3.9 f] issued/owned firearms. All firearms issued and owned by the Concord Police Department shall be stored in a locked container or with a tamper resistant safety device pursuant to Massachusetts General Law.
Department rifles and shotguns shall be secured in a locked rack or locked container when stored in either a Department owned or personal vehicle.
Department issued ammunition shall be safely stored so as to prevent it from coming into the possession of children or other unauthorized person(s).
Department issued firearms and weapons shall be handled safely and in accordance with firearms and weapons training and storage, during loading, reloading, and while handing the weapon to other authorized person(s).
All personally owned firearms shall be stored in accordance with relevant laws governing such storage and guidelines set forth by the licensing authority.
Demonstrating Only Concord Police Department personnel demonstrating proficiency in the use Proficiency with of all Department authorized weapons shall be approved to carry such weapons. Weapons This includes all lethal, less lethal and off-duty weapons. [1.3.10]
Annual – Biennial At least annually, all Concord Police Department personnel authorized to carry Proficiency lethal weapons shall be required to receive in-service training and copies of the Training Concord Police Department Use of Force policies and procedures and applicable [1.3.11 a] laws. He/she must demonstrate proficiency with all approved lethal weapons that [1.3.11 b] he/she is authorized to use. [1.3.11 c] [1.3.12] In-service training for less lethal weapons shall occur at least every two (2) years, and personnel must demonstrate proficiency with all approved less-lethal weapons, that he/she is authorized to use.
Proficiency training must be monitored by a Certified Weapons Instructor and all training records and lesson plans shall be documented then forwarded to the Department’s Training Supervisor then recorded and placed in the Department’s training files.
Remedial training shall be provided to personnel who are unable to qualify with an authorized weapon prior to resuming their official duties.
Weaponless control techniques with a potential for serious injury shall be included in the Department’s annual in-service Use of Force curriculum.
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