Firearms and Other Deadly Force

1.1 – Key Concepts and Definitions

A. Key Concepts:

1. Deadly force is a force that poses a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, using a firearm or an intentional strike to the head with a baton or other impact weapon.
2. Under this policy, deadly force is an option of last resort, which officers must avoid whenever possible. Above all the Department values the protection of human life and the safety of the public must be the overriding concern in an officer’s decision whether to use deadly force, including the drawing and discharging of a firearm in response to an imminent threat of death or serious bodily injury.

B. Definitions:

1. Available Information: The information that was obtainable or accessible to an officer at the time of the officer’s decision to use force. When an officer takes actions that hasten the need for force, the officer limits their ability to gather information that can lead to more accurate risk assessments, the consideration of a range of appropriate tactical options, and actions that can minimize or avoid the use of force altogether.

2. De-Escalation: Taking action or communicating verbally or nonverbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the level of force necessary.

3. Lawful Objective: Limited to one or more of the following objectives:

   a) Conducting a lawful search;

   b) Preventing serious damage to property;

   c) Effecting a lawful arrest or detention;

   d) Gaining control of a combative individual;

   e) Preventing and/or terminating the commission of a crime;

   f) Intervening in a suicide or self-inflicted injury; and/or

   g) Defending an officer or another person from the physical acts of another.

4. Necessary: Force is necessary only if there are no other available non-force options or less-forceful options to achieve a lawful objective.

5. Proportional: Proportionality in the use of force goes beyond necessity. Even if the use of force is necessary to achieve the Lawful oObjective, it must also match the threat posed to the officer or public.

6. Totality of Circumstances: The totality of the circumstances consists of all facts and circumstances surrounding any event.

1.2 – Requirements for Issuing, Storing, and Carrying a Firearm

A. Issuing a Firearm

1. Certification. To be issued a Department firearm, an officer must be certified as a trained firearm user. This Policy limits certification to personnel who successfully complete the Department’s authorized training course and demonstrate the required proficiency in the use of a firearm.

2. Officer Acknowledgement. Officers also must certify in writing that they have read, understood, and will abide by the Department’s use of force policy, before being issued a Department firearm.

3. Training. Officers must participate in and complete initial Department-approved training on the use of firearms and at least annual in-service training. All training and certifying for firearms must be conducted by certified instructors. Training on firearms must be:

   • Approved by the police chief;
   • Consistent with the manufacturer’s recommendations, as well as any laws and regulations that may be adopted relative to firearms;
   • Consistent with the Department’s training curriculum; and
   • Consistent with the Department’s use of force policy.

4. Proficiency. Officers must demonstrate firearm proficiency in the following ways:

   • Achieve minimum qualifying scores on a prescribed course or test, on at least an annual basis;
   • Attain and demonstrate knowledge of the laws on the use of authorized weapons and knowledge of Department policy on the use of force, de-escalation of force, crisis intervention, and deadly force;
   • Be familiar with safe handling procedures for firearms and other weapons; and
   • Demonstrate proficiency in de-escalation techniques.

5. Failure to Re-Qualify. Any officer who fails to qualify or re-qualify for issuance of a firearm may not carry or use a firearm. The officer must complete remedial training and demonstrate proficiency in the use of firearms to resume official law enforcement duties that require the carrying or use of firearms. Personnel trained in the use of firearms will be held accountable for proficiency and training in compliance with Department policy and state law.

6. Training Monitoring/Compliance. The Department must track certification of officers to ensure there are no lapses in certification.

7. Designating a Firearm Control Manager. The police chief should designate a firearm control manager. The firearm control manager must:

   • Coordinate with the necessary Department leaders to ensure basic certification, annual training, and recertification training, as well as maintenance of accurate records and notification of officers whose certifications are approaching expiration;
   • Receive, inspect and audit firearms, account for their issuance to authorized personnel, and oversee maintenance of Department firearms and related equipment;
   • Develop and maintain a system to comply with all state law reporting requirements and monitor the overall firearm program to ensure compliance with those requirements;
   • Assist the firearm discharge investigation team [or the Department’s nearest equivalent] as requested in connection with investigations into a firearm discharge; and
   • Identify training needs, equipment upgrades, and recommended changes to the firearm policy that should be considered as a result of the analysis.

B. Carrying a Firearm

1. Department-Approved Firearms. Officers may carry and use only those firearms, holsters, ammunition, and accessories provided and authorized by the Department, except in exigent circumstances.
2. Safety Precautions. Officers must take reasonable safety precautions when carrying, transporting, handling, loading, or unloading any firearm.

C. Storing a Firearm

When not carried, officers must store firearms securely in a manner consistent with the Department’s standards.

1.3 – Authorization and Standard for Use of a Firearm or Other Deadly Force

A. Authorization to Use Deadly Force

The use of deadly force is authorized only when all the requirements to use force are satisfied and both of the following additional circumstances exist:

1. All available non-deadly force options have been exhausted; and

2. The use of deadly force is absolutely necessary:

   • To protect an officer or another person from imminent death or serious bodily harm that is more likely than not to occur without the use of deadly force, provided that the officer can specifically articulate the observable circumstances that led the officer to conclude that the use of deadly force is necessary, and the officer’s belief is consistent with Available Information; or
   • To effect the arrest of an individual who the officer has probable cause to believe has committed a felony that caused or threatened to cause death or serious bodily harm; and the officer believes that the individual is more likely than not to cause death or serious bodily harm to an officer or another person unless immediately apprehended and the officer’s belief is consistent with Available Information.

B. Duration of Authorization to Use Deadly Force

The authorization to use deadly force lasts only as long as the threat supporting the authorization. When the situation makes the use of deadly force no longer absolutely necessary, the officer must secure or re-holster their firearm as soon as practicable.

C. Drawing a Firearm

An officer may not draw or exhibit a firearm unless the circumstances create reasonable cause for the officer to believe the firearm’s use is authorized under this policy.

D. Pointing of a Firearm

The pointing of a firearm at or in the direction of another person constitutes a seizure that requires a legal justification. An officer may not point a firearm at or in the direction of a person unless that officer has a reasonable belief that the use of deadly force is authorized under this policy.

E. Standard for Using Firearm or Other Deadly Force

The use of a firearm or other deadly force must be absolutely necessary to carry out a Lawful Objective in the belief of the officer and consistent with Available Information. This use of a firearm or other deadly force must be proportional to the totality of the circumstances where an imminent threat of death or serious bodily injury to the officer or another person exists.

F. Specific Verbal Warnings for Firearms

1. Warning if Pointing Firearm. An officer who points a firearm at a person must verbally advise the person of the reason why they pointed the firearm.
2. Warning Before Discharge. An officer must issue a verbal warning to the person, other officers, and bystanders before discharging a firearm. The officer should identify themselves as a police officer, clearly issue the Verbal Command they want followed, and state their intention to shoot if the person does not comply with the command. The officer should wait a reasonable amount of time, if possible, to allow the person to comply with the warning before discharging the firearm.
3. Exception. This policy does not require a verbal warning if giving the warning would not be possible or would result in a risk of death or serious bodily injury to the officer or another person.

G. Avoiding Conduct that Increases Risk of Deadly Confrontation

Officers must be aware that they can escalate situations to where they feel that deadly force is necessary. An officer’s conduct before a confrontation must not increase the risk of a deadly confrontation. The Department will consider the following factors in determining whether an officer’s conduct increased the risk of a deadly confrontation:

• Whether the officer missed opportunities to de-escalate;
• Whether the presence of officers escalated what was initially a minor/non-threatening situation and eliminated the opportunity for de-escalation; and
• Whether the officer genuinely and reasonably believed deadly force was necessary given the officer’s conduct before the confrontation.

H. Prohibited Uses of Firearms

The following uses of firearms are prohibited:

1. Intentionally displaying or drawing a firearm in any manner, except for official use in compliance with this policy or for an inspection.
2. Discharging a firearm as a warning.
3. Drawing or discharging a firearm against an individual who poses a threat only to themselves, such as in an attempt to prevent a suicide.
4. Drawing or discharging a firearm at a fleeing person unless the person poses an imminent threat of death or serious bodily injury to another person.
5. Drawing or discharging a firearm for the sole purpose of defending property, including evidence.
6. A person gaining control of one or more pieces of an officer’s equipment does not, without more, justify the use of deadly force, unless the person takes additional action that justifies the use of deadly force under this policy.

I. Restriction on Discharging Firearms at or from Moving Vehicles

1. Restriction on Discharging Firearms at or from Moving Vehicles. An officer may not discharge a firearm at or from a moving vehicle, except when an imminent threat of death or serious bodily injury to the officer or another person exists. For example, this exception may apply if the driver or passenger discharges a firearm from the moving vehicle at the officer. However, being in the path of a moving vehicle cannot be the sole reason for discharging a firearm at the vehicle.
2. Avoiding Path of Moving Vehicle. An officer must not place themselves in the path of a vehicle where the need to use deadly force is the likely outcome and must make every effort to move to a position of safety rather than discharging a firearm at the vehicle or any occupant.

J. Use of Firearm as an Impact Weapon

An officer may not use a firearm as an impact weapon except when a person attempts to take the firearm from the officer, or the situation justifies the use of deadly force under this policy.

K. Use of Firearm or Other Deadly Force on Aggressive Animals

An officer may use a firearm or other deadly force against a dangerous animal when this policy authorizes the use of deadly force. An officer may also use a firearm or other deadly force to euthanize a critically injured animal when the officer does not have alternative methods reasonably available.

1.4 Required Medical Aid and Assistance After Use of a Firearm

In addition to the general duty to provide medical aid, an officer has the following specific duties when an officer discharges a firearm:

1. Immediately notify 911 dispatch. The officer who discharged the firearm and other officers who witnessed the incident must immediately notify the 911 dispatcher, whether or not a death or wounding occurs.
2. Call emergency medical services. The officer who discharged the firearm and other officers who witnessed the incident must immediately call EMS to evaluate the subjects of a firearm discharge.
3. Medical release before transporting. If EMS transports the person to a hospital, the officer must obtain a medical release from the hospital before transporting the person to a detention facility. EMS personnel will be advised of the nature of the force used during the event.

1.5 Reporting and Investigation

A. Documenting and Reporting

1. Reporting the Incident. When an officer discharges any firearm, whether on-duty or off-duty (with the exception of legal recreation or training purposes), and regardless of the type of firearm, the officer and any other officer who witnesses the incident must immediately report the incident to their supervisor. The discharging officer and witnessing officers must complete the appropriate use of force reports.
2. Documenting the Incident. Officers must document in writing all incidents where they point a firearm at a person.
3. Witnessing Officers. Officers must document all incidents where they witness or receive a report that another officer pointed a firearm at a person.
4. Unholstering Firearms. Officers must document all incidents where they unholster a firearm, except for administrative or incidental unholstering like maintenance, target practice, or undressing.

B. Collecting Evidence

1. Firearm as Evidence. Whenever an officer discharges a firearm in the line of duty, the firearm must be collected and submitted as evidence in accordance with department evidence collection, packaging, and submission policies.
2. Body-worn Camera Footage. The body worn camera footage of each officer present at the scene at the time the officer discharged the firearm must be collected and submitted as evidence in accordance with department evidence collection, packaging, and submission policies.

C. Investigation

1. Firearm discharge investigation team [or the Department’s nearest equivalent]. The firearm discharge investigation team must investigate any intentional or unintentional discharge of a firearm, other than for training purposes. The firearm discharge investigation team has sole responsibility for investigating firearm discharges involving a member of the Department.
2. Independent Investigation. Where the discharge of a firearm results in death or serious bodily injury, the Department must relinquish control of the investigation to the District Attorney’s Office. Where an officer discharges a firearm resulting in injury, the District Attorney’s Office will be notified and designate a representative to conduct an independent investigation to determine the facts of the case.
3. Police Chief's Determination. Upon receiving a report pertaining to a firearm discharge and investigation by the firearm discharge investigation team, the police chief may accept it or return the report with a request for further information or clarification. In every case, the authority and responsibility for final Departmental disposition of a firearm discharge incident rests solely with the police chief.