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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. Authorized Weapons 02/11/2020 1.07 1 of 10 Authorized Weapons, Continued 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). Authorized Weapons 02/11/2020 1.07 2 of 10 Authorized Weapons, Continued 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. Authorized Weapons 02/11/2020 1.07 3 of 10 Authorized Weapons, Continued 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. Authorized Weapons 02/11/2020 1.07 4 of 10 Authorized Weapons, Continued 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.
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