EFFECTIVE DATE: - NJSACOP



EFFECTIVE DATE: |GENERAL ORDER # 042 | |

|SUBJECT: FIREARMS |

|ISSUED BY: |# OF PAGES: 18 |

|DISTRIBUTION: |REVIEW DATE: |

|LAST REVISED: |

|ACCREDITATION STANDARDS: |

PURPOSE: To establish a uniform set of standards for semi-annual firearm’s re-qualification for any weapon, including a shotgun, this is issued or authorized for use on or off duty. Additionally, to provide a procedure for officers to utilize in requesting permission to carry specific off-duty weapons and define the minimally acceptable standard of care for department owned firearms. Lastly, to explain the safe handling, carrying and storage requirements regarding all weapons owned, possessed and/or carried by department officers.

POLICY: The authorization to carry a firearm and related equipment is an awesome responsibility. Due to the inherent dangers associated with the utilization of firearms, officers must be thoroughly trained and appropriately certified prior to carrying any firearm. Equally important is the responsibility for the safe handling and storage of firearms and ammunition. All officers shall utilize the utmost amount of care whenever it is necessary to handle a firearm under any circumstances. Officers shall carry/utilize only those firearms/ammunition that have been approved by the chief of police. All departmentally owned, possessed or approved firearms shall be subjected to periodic cleaning and maintenance as necessary to ensure that the weapons remain serviceable.

PROCEDURE:

I. Authorization to Carry Firearms

A. All full-time police officers employed by this department are granted the authority to carry a firearm by N.J.S.A. 2C:39-6.a.(7)(a), provided they have completed the requisite training and qualifications in accordance with the provisions of the Attorney General’s Directive.

B. The official service firearms of this department are the Glock 21 and Glock 30 .45 caliber semi-automatic pistols.

1. All officers shall carry the official service firearm while on-duty unless individualized written permission is received from the chief of police to carry an alternate weapon.

C. Officers shall not carry any secondary or “back-up” firearm without the written permission of the chief of police.

1. The chief of police will consider requests to carry a secondary firearm on an individual basis.

• Officers are instructed to submit a special report to the chief of police requesting this permission and outlining in detail the underlying reason for the request.

• Generally, officers must demonstrate a justifiable need beyond ordinary patrol and/or investigative duty.

2. Officers who receive written permission from the chief of police to carry secondary firearms may do so provided they comply with all the provisions of this directive concerning training, qualifications, ammunition and accessories.

D. Requests for authorization to carry a firearm off-duty, other than the official service firearm, shall be completed and submitted to the rangemaster. The authorization must be signed by the rangemaster and forwarded to the chief of police for approval. Authorizations are not to be considered approved until the officer receives a copy of the authorization signed by the chief of police.

1. The request shall be submitted on the “Authorization Request for Off-Duty Firearm” form and must include all the specified information concerning the firearm and ammunition.

2. All requests must be for handguns of .380-caliber 90-grain hollow point ammunition and no more than 45 Caliber 230-grain hollow point ammunition.

3. The officer must produce the firearm, ammunition and off-duty holster at the time of the re-qualification session for inspection and approval by the rangemaster.

4. The officer must be able to successfully pass the handgun qualification course with the firearm and demonstrate an ability to safely handle the firearm.

5. The officer must otherwise comply with all of the provisions of this written directive.

6. No recruit officer shall carry a firearm while off-duty, or request permission to do so, until such time as he or she has successfully completed the Field Training Officer Program conducted by this department.

E. In accordance with the provisions of Chapter 44 of Title 18 of the United States Code, officers are now permitted to carry a concealed firearm in any state, subject to the following limitations:

1. The officer must be in possession of his or her official department identification card.

2. The officer is not the subject of any disciplinary action.

3. The officer has qualified with the firearm as required by this written directive.

4. The officer is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

5. The officer is not otherwise prohibited from receiving or possessing a firearm by federal law.

F. Chapter 44 of Title 18 does not supersede the laws of any state that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

G. Carrying or using any firearm not expressly approved by the chief of police is strictly prohibited.

II. Carrying of Firearms

A. All officers of the department who are “on-duty” by virtue of assignment to law enforcement duties; training, educational or administrative functions; or special assignments; shall at all times carry the official service firearm, or alternate firearm approved in accordance with the provisions of this directive. The firearm carried shall be fully loaded and officers shall have immediate access to sufficient extra ammunition to completely reload the firearm.

1. The chief of police may exempt certain officers from the requirements of this section when, in pursuit of a legitimate police purpose, the carrying of a firearm may be:

• Impractical or inappropriate considering the assignment undertaken.

• Dangerous to the officer or the public.

• An impediment to an ongoing investigation.

B. Off-duty officers of the department may carry the official service firearm (or approved alternate firearm) or an off-duty firearm for which the officer has received prior authorization consistent with the provisions of this written directive.

1. Officers are strongly encouraged to carry a firearm while off-duty to enhance their ability to take law enforcement action when appropriate and necessary.

2. While the department encourages off-duty officers to be armed, the following are represent situations where firearms should not be carried:

• Officers who anticipate consuming alcoholic beverages.

• Officers who are injured or sick and such injury or illness would suggest a prudent person would not become involved in law enforcement activities.

• When circumstances dictate it would be impractical to carry or possess a firearm.

• Officers who are taking medication that could diminish their alertness and coordination or impair their judgment.

3. Officers are required to carry official department issued identification whenever they carry any firearm off duty.

C. Officers may be confronted by an armed person who has a tactical advantage. The officer giving up his or her firearm upon demand does not reduce the danger. Surrendering a firearm may mean giving up the only survival chance; therefore, officers shall use all tactical tools available to avoid surrendering their firearm.

D. Firearms prohibitions.

1. No off-duty officer shall possess a firearm while in the casino portion of a casino-hotel in this State without the expressed permission of the New Jersey Casino Control Commission.

• On-duty officers requiring access to casinos must contact and meet with an officer of the New Jersey State Police assigned to Casino Control/Gaming Enforcement prior to entering any such establishment.

2. Officers shall not carry any firearm/weapon into any correctional facility.

3. Officers shall not carry firearms aboard in-flight commercial aircraft without the written permission of the chief of police.

• All federal statutes and Federal Aviation Administration regulations will be observed.

4. Officers who are suspended or have otherwise had their official service firearm removed from them for other reasons shall not carry a firearm at any time.

5. Officers shall not carry a firearm while consuming or under the influence of alcoholic beverages to any degree whatsoever (unless such consumption is approved in accordance with the performance of official department duties).

6. Officers shall not carry firearms in any foreign countries where such activity is prohibited.

III. Ammunition & Holsters

A. Uniformed officers of the department will wear only those holsters that have been approved and issued by the department. Non-uniformed officers of the department shall carry firearms in a holster approved by the chief of police.

1. All holsters shall be worn in a conventional manner on the officer’s strong hand side. Cross draw is not an acceptable option.

2. When in public, non-uniformed officers shall carry their duty firearms concealed.

B. Off-duty officers carrying the official service firearm or an approved off-duty firearm shall do so in a holster approved by the rangemaster.

1. Approvals of holsters for off-duty firearms shall be granted at qualification sessions after the holster has been inspected by the rangemaster and the officer utilizes the holster in the qualification session.

2. When off duty, all officers shall carry firearms in a concealed manner.

C. To avoid the possibility of an accidental discharge and prevent unnecessary wear and/or damage to a firearm, no officer shall carry any firearm, on or off duty, unless it is carried in an approved holster. This prohibition is meant to specifically include, but is not limited to, carrying a firearm in the waistband of pants and the pockets of any garment.

D. The Glock Model 21 semi-automatic .45 caliber handgun is the primary duty weapon for uniformed officers. The chief of police has authorized the use of the Glock 30 semi-automatic .45-caliber handgun as the duty weapon for officers serving in plainclothes assignments and command personnel. These are the only handguns approved for use by on-duty officers. The authorized ammunition is .45 caliber Hydra-Shok 230 grain jacketed hollow point ammunition.

E. When on duty, officers shall have a minimum of two (2) fully loaded spare magazines.

1. Uniformed officer assigned to duties outside of police headquarters shall carry the spare magazines in the issued belt magazine holders.

2. Non-uniformed officers and those uniformed officers assigned to police headquarters shall have the magazines readily available.

F. Each officer is responsible for supplying his/her own ammunition for qualification with off-duty firearms. The officer must have a sufficient amount of ammunition on hand to complete the necessary qualification courses.

1. The type of ammunition utilized by officers for off-duty firearms is subject to the approval of the chief of police or his designee.

2. Consideration shall only be given to hollow point ammunition.

3. Officers shall carry the exact ammunition that was utilized in the qualification session with the off-duty firearm.

IV. Shotguns

A. The authorized shotgun for the police department is the Remington 11-87 Police Model.

1. Every active patrol vehicle is equipped with a shotgun that must remain secured in the locking apparatus installed on the top of the prisoner cage.

2. Pre-shift inspection of the installed shotgun is mandatory. Officers shall record the shotgun serial number on the Motor Vehicle Inspection Report and inspect the shotgun to ensure it is administratively loaded with red buckshot ammunition.

B. All officers assigned to positions outside of the patrol bureau who have been issued a shotgun will be responsible for retaining the shotgun and ensuring that it is properly cased and secured in the trunk of their assigned vehicle.

C. Sufficient ammunition for the shotgun must be maintained in every vehicle assigned to the patrol bureau. Shotgun ammunition will be color coded for easy recognition. Only department-issued ammunition is approved for use in department weapons.

1. Green shotgun ammunition is 12 ga. 2 ¾ in. 1 oz. Slugger ammunition.

2. Red shotgun ammunition is 12 ga. 2 ¾ in. buckshot ammunition.

3. Black shotgun ammunition is 12 ga. 2 ¾ in. #6 shot Game Load ammunition that will be utilized for the destruction of small animals when so authorized. This ammunition shall be carried by supervisors and issued to appropriate personnel as needed.

V. Specialized Weapons

A. Officers attached to the Special Response Unit are authorized to utilize specialized weapons while acting in their official capacity as members of the Special Response Unit. The following specialized weapons and ammunition are currently approved for use by officers assigned to the Special Response Unit:

1. Heckler & Koch - Model MP-5 with 9mm 124 grain hollow point ammunition.

2. Colt - Model M-16 with 223 caliber 55 grain full metal jacket ammunition.

3. Remington – Model 700 with 308 caliber 168 grain hollow point ammunition.

4. Remington – Model 700 with 223 caliber 55 grain hollow point ammunition.

5. Remington - Model 870 12 gauge shotgun

6. Winchester - Model 1200 12 gauge shotgun

B. The chief of police may authorize other specialized weapons for use in connection with the Special Response Unit. Prior to utilization of any such weapons, the officers granted authorization to use the weapons must comply with all familiarization and qualifications standards applicable to department issued firearms.

VI. Security and Storage of Firearms

A. Any officer who is assigned a department firearm is entrusted with the duty to provide for the safe storage of such weapon. Any theft or unauthorized usage of the firearm will be thoroughly investigated and if the incident resulted from inadequate security or carelessness, the officer shall be held responsible.

1. Under the provisions of N.J.S.A. 2C:58-15, a person who knows or reasonably should know that a minor child is likely to gain access to a loaded firearm at a premises under the person’s control commits a disorderly persons offense if a minor gains access to the firearm, unless the person:

• Stores the firearm in a securely locked box or container;

• Stores the firearm in a location which a reasonable person would believe to be secure; or

• Secures the firearm with a trigger lock.

B. All firearms, whether personal or department issued, shall be stored in a safe and secure condition, as defined above, when not being carried or utilized by the officer to whom it was issued. Expressly prohibited by this written directive is the practice of:

1. Storing firearms on desktops, in unlocked desk drawers or in any other area that is not securely locked with restricted access.

2. Storing firearms on or under the seat of an automobile or in the glove compartment or center console. If absolutely necessary to temporarily store a firearm in an unattended vehicle, the firearm shall be locked in the trunk unless the trunk can be automatically opened from the passenger compartment of the vehicle.

C. Officers wishing to store their official service firearm at police headquarters may do so provided the firearm is stored in an unloaded and safe condition. The individual locker assigned to each officer shall be utilized for this purpose and must remain securely locked in the officer’s absence.

D. Prior to becoming involved in any interview, interrogation or processing of a prisoner, an officer shall secure his/her firearm in one of the firearms lockers within the department. The firearm shall remain in the locker until such time as the assigned task has been completed and the prisoner has been transferred to the cellblock or otherwise removed from headquarters.

E. Officers shall strictly adhere to all of the safety provisions regarding firearms security and prisoner handling included in the written directives addressing those topics.

F. Any officer who loses a firearm, under any circumstances, regardless of whether the firearm is personally or departmentally owned, shall immediately notify the law enforcement agency having jurisdiction over the area where the loss occurred. The officer shall also notify this department, through the watch commander or other supervisory officer, as soon as possible.

G. Authorized department firearms that are not issued to individual personnel or stored in designated security receptacles in department vehicles shall be securely stored in the armory.

VII. Loading, Unloading and Stripping of Firearms

A. Officers shall be responsible to exercise extreme caution and the utmost care when handling any firearm both on and off duty.

B. When it shall become necessary for an officer to unload and/or field strip his official service firearm, the following procedure shall be employed:

UNLOADING OF GLOCK SEMI-AUTOMATIC PISTOL

1. While holstered, remove the magazine.

2. Draw the pistol, keeping it pointed in a safe direction.

3. Grasp the slide, keeping the hand back behind the ejection port. Turn the pistol ejection port down and, keeping your face well clear of the ejection port in the event of an accident detonation of the cartridge, pull the slide to the rear ejecting the chambered round.

4. Lock the slide to the rear and visually or, if there is not enough light, physically inspect the pistol to ensure both the chamber and magazine well are clear of cartridges.

5. Gently close the slide by depressing the slide release.

6. The pistol is now safe and ready for storage.

7. A safe direction is defined as one in which, if the weapon discharges accidentally, only property damage and not human injury will result.

• While unloading any firearm at police headquarters, officers shall utilize one of the sand filled barrels located in the armory, sally port and immediately outside of the building by the sallyport overhead door. These barrels are the designated safe direction for police headquarters.

• While unloading any firearm at home officers are expected to determine what portion of their residence should be considered a safe direction.

FIELD STRIPPING OF GLOCK SEMI-AUTOMATIC PISTOL

1. Safely unload the pistol in accordance with the procedure above.

2. After depressing the slide release and closing the slide you should point the pistol in a safe direction and pull the trigger.

3. Pull the slide slightly to the rear and pull down on the slide lock located on either side of the receiver above the trigger guard.

4. Remove the slide forward off the frame.

5. Remove the recoil spring assembly and remove the barrel from the slide.

6. The pistol is now sufficiently broken down to allow routine cleaning. The pistol should never be disassembled beyond this point by anyone other than a certified armor.

7. To reassemble the pistol, follow the above steps in reverse order and reload according to the below described procedure.

ADMINISTRATIVE LOADING OF GLOCK SEMI-AUTOMATIC PISTOL

1. Remove the magazine, lock the slide open and inspect the pistol to be sure it is unloaded and the barrel in not obstructed.

2. Point the pistol in a safe direction, insert a fully loaded magazine and make sure it locks into place.

3. Pull the slide to the rear and let it snap forward by itself, (do not ride the slide forward with your hand). Make sure that the slide has closed completely.

4. Holster the pistol and snap or otherwise secure the holster closed.

5. Without drawing the pistol, release the magazine and replace it with a fully loaded magazine making sure it locks into place by tugging on the floor plate. The pistol is now fully operational for duty.

6. Load one live round into the magazine that was originally used to load the weapon and return the magazine to the belt magazine holder.

7. Except for combat conditions, this shall be the only acceptable method for loading the pistol.

VIII. Care and Cleaning

A. Every officer is issued four magazines. This is to facilitate a rotation of the magazines used. Accordingly, officers shall be responsible to periodically rotate the spare fourth magazine into service. The magazine removed from service shall be unloaded to relax the spring until it is rotated back into service.

B. Each officer is issued a pistol cleaning kit to facilitate cleaning of the official service firearm assigned to each officer. This cleaning should occur each time that the pistol is fired, as well as at periodic intervals between qualifications to ensure proper functioning.

C. The following areas should be addressed during cleaning:

1. Apply the cleaning solvent to the pistol and after cleaning apply lightweight gun oil. The outside surface of the pistol may be protected from corrosion by coating lightly with a rust inhibiting oil found in the cleaning kit.

2. The barrel’s bore should be cleaned with a brush and lightly oiled with a bore patch.

3. Lubrication should be applied lightly, and periodically maintained, on the frame rails and slide rails.

4. The pistol and magazines should be inspected for possible defects

D. Any officer or supervisor discovering a department firearm in need of repair shall contact department armor for the necessary repair.

1. Department firearms that cannot be immediately repaired by an armor shall be removed from service and a spare firearm issued to the affected officer.

2. At no time and under no circumstances will any officer who is not an certified armor for the weapon in question attempt or perform any repair or alteration to a departmentally owned or possessed firearm. This includes external and internal repairs and alterations, including custom grips and trigger shoes.

3. Off-duty weapons owned by department officers may be submitted to department armors for repair or alterations only if the armor is certified to work on the particular firearm.

4. Off-duty weapons in need of repair or alteration that cannot be performed by department armors must be sent to an armor in the private sector and the cost of said repairs/alterations is the responsibility of the officer owning the firearm.

E. Cleaning and maintenance of departmental shotguns shall be the responsibility of department armors. Department armors shall develop a schedule for the periodic inspection, cleaning and maintenance of all department-owned or possessed shotguns.

F. Cleaning of firearms utilized by officers of the Special Response Team shall rest with the officers of that team.

IX. Inspections

A. Department supervisors are responsible to conduct monthly inspections of the firearms assigned to officers under their command.

1. The monthly inspections shall be completed on the first scheduled tour of duty for the officers in each month.

2. Supervisors shall inspect for cleanliness, proper maintenance, serviceability and possible defects.

3. Post inspection reports shall be completed and forwarded to the department armor for review and filing.

4. The scope of this inspection will require the pistol to be unloaded. The following procedure shall be utilized to accomplish this objective:

• Officers will meet with their respective supervisor at one of the locations of the sand filled safety barrels.

• Each officer, when called upon, shall step up to the barrel and unload his/her pistol before handing it to the supervisor conducting the inspection.

• The supervisor shall inspect the weapon to determine that it is in fact completely unloaded prior to making a visual inspection for cleanliness, signs of proper maintenance, and defects.

• Any deficiencies regarding cleanliness and/or signs of routine maintenance shall be documented on the inspection report. Additionally, deficiencies in this area shall subject the officer to disciplinary action as warranted.

• Any defects observed during these inspections shall be documented on the inspection report and the pistol will be taken out of service in accordance with the provisions of this written directive.

B. The department rangemaster and/or qualified firearm’s instructors shall conduct a review and complete safety inspections of all firearms, ammunition and holsters brought onto the range for qualification purposes during the qualification sessions.

1. The purpose of the review and inspection is to ensure that each weapon and ammunition is safe, operable and otherwise conforms to the department’s standards prior to qualifications.

2. Any officer who has a firearm, ammunition or a holster that is determined to be inappropriate, unsafe and/or in need of alteration, adjustment or repair shall not be permitted to qualify with the firearm.

• If the deficient item(s) are department issued in connection with the official service firearm, the deficient item(s) shall be immediately replaced or repaired to allow for qualification by the affected officer.

• Unsafe or unserviceable service weapons shall be confiscated by the rangemaster and a replacement weapon shall be issued to the applicable officer.

• If the inappropriate or deficient item is an off-duty firearm, ammunition or a holster for an off-duty firearm, the officer shall not be allowed to qualify with the affected firearm until such time as acceptable equipment is produced to correct the deficiency.

3. The department rangemaster or firearm’s instructor conducting the inspections shall complete a firearm’s inspection report and must approve the weapons and ammunition before qualifications begin.

X. Training

A. All officers of the department who are authorized to carry a firearm are required to receive semi-annual training in the use of force and deadly force. The department may, when deemed appropriate, conduct testing to ensure that officers possess and/or retain an acceptable level of the information disseminated in this training.

1. This training shall be coordinated by the department training officer and shall be conducted prior to the semi-annual firearms qualification sessions.

2. Each supervisor responsible for training officers under his command shall document the fact that the training was conducted and the names of the officers receiving the training shall be noted. These training reports shall be forwarded to the training officer for review and filing.

3. Any drastic changes in operating procedures or use of force and deadly force guidelines that may be issued will be immediately disseminated to all officers of the department. Otherwise, subtle changes will be incorporated in the semi-annual training outline.

B. Firearms training shall include a review of departmental firearm’s policy relating to the following subjects:

1. Warning Shots

2. Firing at moving vehicles

3. Removal of firearm from holster or display of firearms

4. Surrender of firearm

5. Humane or emergent destruction of animals

6. Carrying of weapons on and off duty

7. Consumption of alcohol or use of prescription drugs

8. Covert operations

C. Training Objectives

1. Safe Handling – The officers will demonstrate the safe handling of handguns and shotguns. This will be done while:

• Securing all department shotguns, service handguns and off-duty handguns.

• Loading and unloading pistols and shotguns.

• Utilizing departmentally issued and/or approved ammunition-loading devices.

• Holstering and drawing authorized weapons.

• Inspecting weapons.

• Operating weapons storage mechanisms in department vehicles.

• Clearing malfunctions in weapons.

2. Firearms and Ammunition Identification – Officers will identify authorized department firearms and ammunition and explain the mechanical functions, capabilities and maintenance of department firearms, to include:

• Those firearms that are authorized for use both on and off duty.

• The major parts of the service handgun and its basic mechanical functions.

• The major parts of the authorized department shotgun and its basic mechanical function.

• The effective range and lethal capacity of the department handgun and shotgun.

• The ability to strip and clean the service handgun and department shotgun effectively.

3. Shooting Principles – The officer will be instructed in the principles of good marksmanship and will demonstrate the techniques with the department shotgun, service handgun and off-duty firearms to include:

• Stance

• Grip

• Breath Control

• Sight Alignment

• Trigger Control

• Follow Through

4. Shooting Positions – Handgun – The officer will be instructed in the commonly recognized shooting positions and shall demonstrate proficiency in the following:

• Kneeling (barricade, strong hand and weak hand)

• Crouched barricade position

• Point shoulder position (with and without barricade)

• Scan Position

• Covering suspect position

• Weapon retention position

5. Shooting Positions – Shotgun – The officer will be instructed in the commonly recognized shooting positions with the authorized department shotgun and shall demonstrate proficiency in the following:

• Police ready combat position

• Standing, point shoulder, muzzle depressed position

D. Firearms Training Simulator (FATs)

1. When any officer is summoned to the training room for the purpose of engaging in firearms training on the simulator (FATs), the officer shall safely secure all firearms and ammunition on his person prior to reporting for the training assignment.

2. No employee of this department shall initiate, operate, or handle the firearms training simulator or any component thereof, without prior approval of the training officer, FATs instructor, or other competent authority.

XI. Rangemaster & Firearms Instructor Qualifications

A. All firearms instructors engaged in the prescribed semi-annual firearms re-qualification sessions must satisfy one of the following requirements:

1. Certified by the Police Training Commission (PTC) to instruct firearms in an approved “Basic Course” as defined N.J.A.C. 13:1-1.1.

2. Must possess training equivalent to the PTC-approved firearm instructor course and be able to demonstrate knowledge and skill in this field. Equivalent training includes successful completion of a firearms instructor training program such as offered by the Federal Bureau of Investigations, United States Secret Service, Federal Law Enforcement training Center at Glynco, GA, New Jersey State Police, Smith and Wesson Academy or the National Rifle Association Police Firearms Instructor Program.

3. The rangemaster and firearm’s instructors must also have experience in conducting either a PTC-approved firearms course or an equivalent course.

4. The rangemaster shall ensure that the department maintains at least one certified armor for the official service handgun and shotgun.

5. In addition to the above requirements, officers certified as Automatic/Semi-Automatic Assault Weapons Firearms Instructors must complete an automatic/semi-automatic assault weapons instructor course offered by the Division of Criminal Justice or an equivalent course, such as those offered by either the Drug Enforcement Administration or National Rifle Association.

XII. Rangemaster & Firearms Instructor Responsibilities

A. The rangemaster shall be responsible for the following:

1. Enforcement of all of the provisions of this written directive.

2. Ensuring the safety of all individuals engaged in department sanctioned firearms activities.

3. Ensuring that all qualification sessions are conducted in accordance with the provisions of the Attorney General’s Directive regulating same.

4. Ensuring that the proper firearms instructor to officer ratio exists at all times on the firing line. The following ratios are recommended:

• One firearms instructor for every six officers using handguns during day-time firing conditions.

• One firearms instructor for every three officers using handguns during night-time firing conditions.

• One firearms instructor for every one officer firing a shotgun.

5. Ensuring that personnel equipped to provide first aid are present on the range or immediately available to respond during qualification activities.

6. Verifying that a suitable communications link exists between the firearms range and emergency services personnel.

7. Inspecting weapons, ammunition and holsters used in firearms qualifications and either approving or disapproving of their use.

8. Maintain overall discipline on the range and firing line and taking action, up to and including removal, of any person whose activities or conduct constitutes a danger to any person.

9. Overseeing the maintenance of accurate records regarding each officer including the model and serial number of the firearm used, the ammunition used, and the results of the qualifying session.

10. The prompt forwarding of written reports to the chief of police as described in this written directive.

11. Coordination of all remedial training, including individual instruction, for officers who are unable to successfully qualify.

B. Firearms instructors are responsible for the following:

1. The direct control of officers assigned to the range for the purposes of qualification.

2. Instructing all officers in range safety and the appropriate handling and firing of the firearms being utilized.

3. Rendering all possible assistance to assist officers in achieving the minimum qualifying score.

4. Remaining on the firing line with the officers under their control unless properly relieved.

5. Taking immediate and appropriate action when the action of anyone present at the range constitutes a danger to any person.

6. Notifying the rangemaster immediately upon discovering a weapon that appears to be malfunctioning or faulty.

7. Accurately recording scores of qualification sessions and other pertinent information as necessary and relaying the information to the rangemaster.

8. Participate in remedial training of non-qualifying officers.

9. Providing the rangemaster with the targets utilized by any officer that failed to qualify during initial and subsequent qualification attempts.

C. All firearms instructors are prohibited from conducting qualification sessions, on or off duty, which are not officially sanctioned by the police department and expressly approved by the chief of police.

XIII. Range Rules

A. For the purpose of this subsection, the term “range officer” shall mean rangemaster or certified firearms instructor. “Rangemaster” shall mean the ranking officer of the firearm’s unit present at any given qualification or re-qualification session. The firearm’s unit ranking descends from rangemaster to firearm’s instructors. In the case of firearm’s instructors, the instructor with the highest rank shall be considered senior.

B. The rangemaster will demand strict adherence to all of the rules hereinafter listed as a means of ensuring safety and preventing injury while engaged in firearms training and qualifications.

1. There shall be no firearms training unless supervised by a qualified range officer and sanctioned by the department.

2. The range must be declared safe. The impact area/bullet trap shall be physically inspected prior to the commencement of any firing to ensure it is free of debris that may cause ricocheting bullets.

3. Only shooters and instructors are allowed on the firing line.

4. The safe condition of any firearm is unloaded and holstered, or if benched, slide/cylinder open with the muzzle pointing downrange.

5. Official service firearms carried to the range shall remain holstered until the command is given to unload the weapons by a range officer.

6. All other firearms brought to the range shall be carried and remain unloaded until the officer receives the proper command to load the firearm.

7. No firearm shall be loaded or unloaded unless the officer is on the firing line, has the firearm pointed downrange and has received the command to load or unload the firearm.

8. Firearms shall not be handed from person to person while on the range. If necessary, make the weapon safe and place it on a bench where the receiving officer may retrieve it. Never leave a loaded firearm unattended.

9. The first consideration when handling a firearm is to check to see if it is loaded. Until otherwise confirmed, all firearms shall be treated as if they are loaded.

10. Whenever possible firearms should be holstered by sight and not feel. Never holster a cocked firearm.

11. During the process of loading and unloading a firearm, the shooter should move around the firearm while it remains pointed downrange.

12. A firearm should never move in other than a 90 degree angle, that is, out of the holster and pointed at the target, fired, then returned to the holster.

13. There shall be no handling of firearms behind the firing line. Never snap or dry fire a firearm while on the range and behind the firing line.

14. Under no condition shall a firearm EVER be pointed at another person unless you have justification to shoot that person.

15. Do not put your finger on the trigger or inside the trigger guard until such time as the gun is pointed downrange and you are prepared to fire.

16. There shall be no smoking, eating or drinking in the range area and no one other than a range officer should be talking on the firing line. If verbally responding to a range officer while on the firing line, keep your firearm pointed downrange and do not turn around.

17. Prior to the initiation of any live firing, all officers present must be equipped with eye and ear protection.

18. Obey all commands on the firing line. Never anticipate the commands of a range officer. It is the shooter’s responsibility to ensure that all commands are fully understood. A raised hand will alert a range officer to a question or other problem.

19. Do not leave your assigned position or move forward of the firing line without the expressed permission of a range officer. If it should become necessary for anyone to proceed downrange, all officers are required to fully comply with the commands given by the range officers. No firearms shall be handled in any way while a person is downrange.

20. If a shooter observes any unsafe action occurring on the range, the shooter has an obligation to immediately notify a range officer.

21. In the case of a misfire, do not open the cylinder for at least ten (10) seconds and keep the firearm pointed downrange. Raise you hand for a range officer’s assistance.

22. Never fire a succeeding shot following the malfunction of a cartridge until the barrel of the firearm has been inspected to determine if a bullet is lodged therein.

23. Never leave the firing line without unloading and holstering your firearm unless the training is completed. At the completion of a qualifying/training session, officers shall assume their position on the firing line and on command reload their official service firearm prior to leaving the range.

24. Never permit the muzzle of your firearm to contact the ground. If this should inadvertently occur, the firearm should not be fired until it can be safely inspected to ensure that all foreign objects have been removed from the barrel.

C. At the conclusion of each firearm qualification session, shooters will actively participate in cleaning the range.

D. Officers of the department Special Response Team shall follow all of the applicable range safety rules from above, and all other range safety rules developed for training and qualifications with the special weapons utilized by the team.

XIV. Qualifications

A. All officers are required by law (N.J.S.A. 2C:39-6.j) and by directive of the New Jersey Attorney General to successful attain a minimum qualifying score on the applicable qualification course of fire (as defined in the New Jersey Attorney General's Guideline entitled FIREARMS QUALIFICATION) in relation to the firearm carried.

1. Qualification and re-qualification sessions shall occur a minimum of semi-annually for each applicable weapon the individual officer is authorized to carry and/or utilize.

B. Each officer, prior to undergoing firearms qualification, must be equipped with the department issued belt, holster, and magazines. The qualification course will be fired only with the use of department authorized loading devices and equipment.

C. Each officer should complete courses of fire wearing clothing similar to that worn while on duty. Uniformed and plain-clothes personnel shall wear the appropriate clothing and all equipment required in their respective assignments.

D. A copy of all aforementioned qualification courses is maintained by the rangemaster and shall be appended to this written directive for reference.

XV. Non-Qualifying Officers

A. Any officer who fails to achieve a qualifying score on a prescribed qualification course shall receive remedial instruction. The instruction shall be provided after the rangemaster analyzes the problems that might have led to failure. The time allotted and method of remedial training to be conducted shall be determined by the rangemaster. The rangemaster, in conjunction with other range officers and the non-qualifying officer shall:

1. Review factors that may have contributed to or caused an officer’s failure to qualify, including a performance check of the officer’s firearm.

2. Document any subsequent attempts to qualify and the result of those attempts.

B. If after the remedial training and subsequent attempts to qualify the officer is still unable to attain a passing score; the rangemaster shall report this information to the chief of police. The chief of police shall determine what action is appropriate. The chief of police must also provide written notification to the Burlington County Prosecutor listing all officers who fail to qualify on the official service firearm.

C. If an officer fails to qualify, all targets the affected officer used during initial and subsequent qualification attempts are to be kept on file until the officer achieves a qualifying score. These targets are to be signed by both the non-qualifying officer and the range officer present.

D. Officers who are unable to achieve a qualifying score with an off-duty firearm shall not receive department authorization to carry the firearm and should be reminded that so doing is a violation of N.J.S.A. 2C:39-6.

XVI. Qualification of Retired Officers

A. Subject to the provisions and restrictions of N.J.S.A. 2C:39-6.l, qualified retired law enforcement officers are eligible to apply for a permit to carry a handgun provided that the qualified retired officer:

1. Is less than 70 years of age,

2. Demonstrates proficiency through semi-annual re-qualification, and

3. Is not subject to any of the restriction set forth in N.J.S.A.2C:58-3.

B. Applications can be obtained from the New Jersey State Police and must be returned to that agency for processing and issuing of the actual permit. Interested officers must submit a completed application along with a notarized original certificate of an approved handgun qualification course.

C. Retired officers are civilians and as such are subject to the following restrictions:

1. Prohibited from carrying hollow point ammunition.

2. Prohibited from carrying a semi-automatic firearm with a magazine capacity in excess of 15 rounds. (N.J.S.A.2C:39-1.y)

3. Prohibited, under Federal Law, from carrying any firearm with a magazine stamped “FOR LAW ENFORCEMENT USE ONLY”. (Brady Bill)

D. Retired officers must also read, twice annually, the printed material entitled “Use of Force Training for the Retired Law Enforcement Officer” and certify that they have read the material.

E. Retired officers must qualify twice annually and attain a minimum qualifying score of 80% on a Handgun Qualification Course (HQC1 or HQC2) and attain a minimum qualifying score of 70% the Handgun Night Qualification Course (HNQC).

F. Retired officers must twice annually complete a firearms safety program which includes the safe handling, loading and unloading of the handgun; safe presentation and safe holstering of the handgun; and clearing malfunctions. In addition the retired officer shall describe the effective range and lethal capabilities of his or her handgun.

G. Retired officers of this department seeking permission to complete the firearms qualification courses under the supervision of certified department firearms instructors shall be accommodated provided they request and receive permission from the Chief of Police and abide by the following procedure:

1. Provide written notification to the department expressing a desire to participate in the department’s semi-annual re-qualification sessions.

• This notice must be received sufficiently in advance to allow for the scheduled training session as noted below.

• After a retired officer qualifies with the department for the first time, the department training officer shall compile a database of retired officers and send automatic training and re-qualification notices to those retired officers to schedule future training and re-qualification sessions.

2. The department will schedule a training session for all retired officers seeking to qualify with this department concerning the use of force by retired law enforcement officers.

• All retired officers must attend this session or they will be prohibited from qualifying with this department.

• All retired officers must sign a certification stating they have read the printed material entitled “Use of Force Training for the Retired Law Enforcement Officers”.

• All retired officers shall sign a certification acknowledging receipt of a legal disclaimer issued by the Township stating that retired officers who choose to carry a weapon are doing so in a civilian capacity even if the weapon is used to thwart the commission of a crime and the Township of Evesham assumes no liability for their subsequent actions.

3. Retired officers are required to supply all firearms, ammunition and safety gear necessary for successful completion of the qualification or re-qualification session.

4. Retired officers are subject to all of the safety rules and regulations imposed upon department officers while attending any department sponsored qualification or re-qualification session.

H. In accordance with the provisions of Chapter 44 of Title 18 of the United States Code, qualified retired law enforcement officers (as defined in the statute) are permitted to carry a concealed weapon in any state subject to the same limitations as active law enforcement officers.

XVII. Records and Reports

A. An individual written record as prescribed by this written directive shall be maintained on each officer participating in firearms qualification or re-qualification. Each record shall include the following information:

1. The officer’s name, the date and type of qualification course(s) completed and the scores achieved on each course.

2. The name of the supervising range officer for each qualification session or course.

3. Identification of any firearm used, to include: make, model caliber and serial number.

4. A general description of the ammunition used, to include: make, type and caliber.

5. The name and location of the range where the qualification session was held.

6. The location where the targets of non-qualifying officers are stored. These targets must bear the signatures of the non-qualifying officer and the range officer scoring the targets.

• These targets must be maintained on file until the officer achieves a qualifying score.

B. The original copy of the firearms records shall be maintained as a normal business record.

1. The rangemaster shall have responsibility for maintaining a comprehensive filing system for all records pertaining to firearms, to include:

• Records of issuance of departmental weapons.

• Authorized users of specialized weapons.

• Service and repair records for firearms.

• Qualification and re-qualification records.

• Requests and authorizations to carry off-duty firearms.

• Purchasing records for firearms and ammunition.

• Accurate inventory of department owned firearms and ammunition.

C. A comprehensive report shall be prepared by the rangemaster after each period of qualification/re-qualification listing the following information:

1. The results of the qualification course completed by each officer with the duty weapon.

2. The results of qualification courses completed by officers utilizing personally owned weapons, to include specific information concerning each weapon utilized. (e.g., make model, serial number, caliber, ammunition, etc.)

3. Specific information concerning malfunctions of any departmentally owned weapons.

D. A yearly report shall be prepared by the rangemaster for the chief of police to file with the Burlington County Prosecutor. The report is to be filed by January 15th of each calendar year and shall include the following information:

1. A description of the department authorized firearms and ammunition.

2. The department training/qualification schedule, including the dates and types of qualification sessions conducted during the year reported.

3. The number of officers who satisfied qualification requirements and the number of non-qualifying participants during each qualification session for each type of course and weapon: official service firearm, off-duty firearm and department shotgun.

XVIII. Discharge of Firearm

A. The discharge of any firearm by an officer of this department, whether intentional or accidental shall be reported to the department through the duty shift commander as soon as practical. If the discharge occurs on duty, whether or not injury to any person results, this notification shall be made immediately after the incident occurs.

1. Officers are required to remain in control of the situation to whatever degree possible until assistance arrives. This shall include:

• Emergency assistance to injured persons.

• Search for additional suspects or weapons.

• Crowd control and crime scene preservation.

• Requesting immediate assistance as necessary.

• Identification of witnesses as appropriate.

2. Officers shall complete and submit a Firearm Discharge Report providing the particular information concerning the location and circumstances of the discharge.

• For officers on duty, this report shall be completed and submitted by the end of the officer’s scheduled tour of duty.

• For off duty officers, this report shall be complete and submitted as soon as possible after the incident, but in no event shall the time exceed twenty-four (24) hours.

• In the event that an officer is physically incapacitated or fatally wounded as a result of the incident, the chief of police or his designee shall prepare the report.

• In the event that any firearm discharge by an officer of this department results in a fatality, regardless of his duty status or the location of the incident, the officer shall immediately notify this department through the duty shift commander.

3. Weapons discharged as a result of the humane destruction of injured, sick or vicious animals shall be conducted in accordance with the written directive governing such activity. The Firearm Discharge Report must be completed.

4. Specifically excluded from this notification and reporting requirement is the discharge of weapons in the course of training, hunting or recognized recreational activities, provided however, if any person should be injured as a result of such hunting or training activities, this notification and reporting requirement shall stand.

5. All Firearm Discharge Reports shall be forwarded up the chain of command to the internal affairs supervisor who is responsible for reviewing and/or assigning for investigation all such incidents.

B. The following is an outline of the responsibilities of the shift commander in incidents where an on-duty officer of the department has discharged a firearm resulting in injury or death.

1. Respond to the scene of the incident and assume command.

2. Ensure proper medical care has been or is being administered to all injured parties.

3. Establish a crime scene and prohibit non-essential personnel from entering the perimeter.

4. Identification of witnesses.

5. Direct notifications as follows:

• Command Staff,

• Criminal Bureau Personnel,

• Internal Affairs Personnel, and

• The County Prosecutor’s Office Major Crimes Unit

6. Relieve the involved officer of all responsibility and confiscate his firearm. The officer shall be removed from the shooting scene as early as possible and transported to police headquarters. Whenever possible, a second officer should be assigned to remain with the involved officer for support and instructed to limit access to the officer to those involved in the investigation.

7. Ensure involved officers prepare and submit all necessary reports by the end of the current tour of duty.

8. Prepare a comprehensive report detailing the supervisory actions and observations at the scene of the incident.

C. The shift commander shall be responsible for the following in situations where an on-duty officer of the department has discharged a firearm that did not result in injury or death to any person.

1. Respond to the scene of the incident and assume command.

2. Secure the affected area for further investigation.

3. Identify witnesses to the incident.

4. Direct notifications as follows:

• Command Staff,

• Criminal Bureau Personnel,

• Internal Affairs Personnel.

5. Relieve the involved officer of responsibility pending the arrival of command personnel.

6. Assist responding investigative personnel to whatever degree possible.

7. Prepare a comprehensive report detailing the supervisory actions and observations at the scene of the incident.

D. The shift commander shall be responsible for the following upon notification that an off duty officer of the department has discharged a firearm regardless of injury, death or lack thereof.

1. If the incident occurs within the jurisdictional boundaries of Evesham Township, the responsibilities outlined in subsections B and C above shall be carried out.

2. If the incident occurs in another jurisdiction, the shift commander shall immediately notify the command staff and await further instruction.

E. It shall be the policy of this department to immediately remove from active line duty any officer who discharges his weapon, on or off duty, in the furtherance of a police objective involving the intent to strike or actual striking of any human being. The involved officer will be reassigned to administrative duty pending the outcome of any ongoing investigations and the use of force review.

F. Any officer involved in a shooting incident who has his official service firearm confiscated for the post-shooting investigation shall be issued a replacement firearm by the department. The replacement firearm should be issued as soon as possible unless, in the opinion of the chief of police, there is a compelling reason why the officer should not be re-armed.

G. Any officer involved in a shooting incident resulting in serious injury or death to any person shall be required to undergo critical incident stress counseling as provided for in agency written directives.

IXX. Animal Destruction

A. Officers shall follow all procedures established in the written directive entitled Animal Calls and Service when involved in situations that require the discharge of a firearm in pursuit of the destruction of any animal.

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