AE 04 Firearms (Policy.Administrative.AE 04 Firearms.WebHome)

11. This policy is intended to identify the types of firearms and ammunition authorized for use by the employees of the WCSO. It identifies the training required to qualify an employee to possess and use these firearms while employed by the county. It further provides for the documentation of the firearms carried by WCSO employees, and establishes guidelines for the care and general use of firearms.

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11. This policy is intended to assure that WCSO personnel are armed sufficiently to provide for their security, the security of the residents of the county, and to provide and require adequate training to insure the safety of both the employee and the community.

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11. It is not the intent of this policy to restrict the right, granted by the Constitution of the United States or the Constitution of the State of Utah, to keep and bear arms. Nothing in this policy is intended to prohibit an employee of the WCSO, while not acting for the county, from owning, possessing, or keeping within his/her place of residence, business, or vehicle, any firearm.

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1. Policy:

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11. The WCSO shall establish, maintain, and enforce regulations of employees for firearms possession, maintenance, and use in respect to on-duty activities and off-duty activities under the color of county authority.

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11. Employees shall never brandish a firearm other than as required in the performance of their duties.

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11. Employees shall not remove firearms from their holsters in a law enforcement building (except in designated areas) or in public places except as required in the performance of duty, during supervised cleaning, for inspection by a superior officer, or to provide for the security of the firearm prior to entering a restricted area.

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11. Employees shall be responsible and provide reasonable security for all firearms in their possession, including firearms located in WCSO offices and vehicles, and WCSO firearms within the employee's residence.

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11. If a firearm is lost or stolen, the responsible employee shall file a report as soon as possible with the law enforcement agency having jurisdiction. A copy of the report shall be routed promptly to the Sheriff or designee.

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11. The WCSO shall not prohibit an employee from lawfully owning, possessing, or using any lawful firearm while off-duty.

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1. Rationale:

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11. Firearms regulations allow the WCSO to maximize the safety and security of employees and the public.

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11. The WCSO should not restrict the rights granted by the Constitution of the United States and the Constitution of the State of Utah to keep and bear arms.

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**AE 04_104 __AUTHORIZATION__**

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1. Including travel to and from work, employees shall not represent the WCSO as a law enforcement officer, be in uniform, or display any items identifying them as a WCSO law enforcement officer, unless carrying a firearm, except when prohibited to carry a firearm (e.g., within a jail or prison).

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1. No WCSO employee shall carry a firearm under color of county authority without authorization from the WCSO. Employees shall only be authorized when:

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11. The employee has met current training and qualification requirements with the firearm to be carried;

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11. The firearm to be carried has been inspected and approved by a WCSO armorer or firearms instructor (this applies to all types of firearms); and

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11. The WCSO has a record of the firearm's description and serial number (this applies to all types of firearms).

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**AE 04_105 __COURT__**

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1. Employees possessing a firearm in a courtroom shall notify the bailiff or the judge.

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1. Employees shall not possess a firearm in a courthouse if appearing at the courthouse as a party to litigation.

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**AE 04_106 __FIREARMS POST__**

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1. Only employees who are currently authorized by the WCSO to carry a firearm while on-duty shall be assigned to or scheduled for a firearms post.

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1. All employees assigned to or scheduled for a firearms post shall be armed with an approved firearm (while on-duty), except as prohibited.

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1. Firearms posts include, but are not limited to:

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11. Patrol Division positions;

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11. Court Branch positions;

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11. Community Release Unit positions;

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11. Transport Unit positions;

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11. Events other than regular Transport duties that require transportation of prisoners such as:

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111. Emergency hospital or medical visits;

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111. PCF inmate evacuations.

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**AE 04_107 __OFF-DUTY__**

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1. Pursuant to the Federal Law Enforcement Officers Safety Act, WCSO deputies are authorized to carry a concealed firearm when off-duty. Any deputy who elects to carry a firearm while off-duty must comply with the following:

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11. The deputy must be considered currently qualified by the WCSO;

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11. The firearm shall be concealed from public view; and

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11. The deputy shall have on his/her person at all times, while armed, a valid WCSO photo identification card.

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**AE 04_108 __ISSUED EQUIPMENT__**

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1. The WCSO may issue firearms and related equipment (e.g., ammunition, holsters, etc.) to employees for on-duty use.

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1. Issued equipment shall remain the property of the WCSO and may be required to be returned at any time.

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1. Employees in possession of any WCSO-issued equipment shall return any item upon request from a supervisor, armorer, or firearms instructor.

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**AE 04_109 __DUTY FIREARMS__**

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1. The primary duty handgun to be carried by deputies of the WCSO shall be a GLOCK model pistol in .45 ACP. Other approved handguns previously authorized will be phased out by January 30th, 2014. At that time, the GLOCK model pistol in .45 ACP will be the only authorized primary duty handgun. Deputies must qualify with each firearm to be carried on-duty.

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1. Shotguns may be issued by the WCSO. All WCSO-issued shotguns are considered less-lethal firearms and are to be used in compliance with less-lethal and/or SWAT policy (reference policies: AE 01 Use of Force; and AY 01 SWAT).

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1. AR-15 and M16 rifles may be issued by the WCSO. They are to be stored with the chamber empty and the safety on. A deputy may carry a rifle of this style on-duty and use it in the performance of duty provided the firearm has been inspected, has had its serial number recorded with the WCSO and the deputy has met the necessary training and qualification requirements.

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1. Only ammunition approved by the WCSO shall be used while on-duty. Ammunition shall be manufacturer-condition and shall not be modified in any way.

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**AE 04_110 __BACKUP HANDGUN__**

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1. Deputies may carry a secondary handgun as a backup to their primary duty handgun, provided they have:

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11. Qualified with the backup handgun at a WCSO qualification within the previous 12 months;

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11. The backup handgun to be carried has been inspected and approved by a WCSO armorer or firearms instructor;

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11. The backup handgun’s description and serial number are on file with the WCSO; and

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11. The ammunition to be used is unmodified factory ammunition and has been approved by a WCSO armorer or firearms instructor.

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**AE 04_111 __TRAINING AND QUALIFICATION REQUIREMENTS__**

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1. In order to be considered firearms qualified with a specific firearm, employees must:

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11. Annually complete use of force training, specifically including use of deadly force;

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11. Annually complete a minimum of eight hours of range training. The eight hours of training may be obtained by attendance at the scheduled range days prior to each quarterly qualification (range day trainings are scheduled in two hour blocks). Any deputy wishing to attend more than the minimum amount required can do so with supervisory approval.

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11. Successfully complete applicable basic training:

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111. Pistol: Basic handgun course;

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111. Shotgun: Basic shotgun course;

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111. Rifle: Basic carbine course;

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11. Attend applicable on-going prerequisite training in order to be eligible for participation in qualification testing. It will be the responsibility of the deputy to ensure he/she has met the requirements of training prior to attending a qualification:

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111. Pistol: Quarterly;

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111. Shotgun: Annually;

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111. Rifle: Annually; and

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11. Successfully pass required qualification testing:

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111. Pistol: Quarterly;

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111. Shotgun: Annually;

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111. Rifle: Annually.

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1. Employees assigned to or scheduled for firearms posts are responsible for maintaining their current qualification standards. Failure to meet these standards will subject the employee to administrative review.

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1. Employees unable to attend a scheduled qualification testing are encouraged to make alternative arrangements prior to the scheduled testing. Firearms instructors may deny alternative arrangement requests that are made after the scheduled testing. Exceptions may be made for unforeseen events (e.g., illness, emergency leave, etc.) or for employees on Workers Compensation or FMLA status. In any event, qualification standards shall be met prior to the employee resuming work in a firearms post.

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1. Firearms post employees who fail to attend or qualify with their primary firearm, shall be reassigned to a non-firearms post. Reinstatement to a firearms post may be considered after a pattern of proficiency has been demonstrated via:

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11. A single successful qualification test for a single non-consecutive session failure;

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11. A minimum of two successful qualification tests (during different testing sessions) for consecutive session failures. Failing two attempts during one qualification session counts as one failed qualification.

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**AE 04_112 __QUALIFICATION COURSES__**

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1. Qualification courses shall be determined by the Firearms Training Unit supervisor with approval from the Sheriff or designee.

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1. During a qualification testing session, employees shall:

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11. Sign an attendance roster;

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11. Declare their firearm (to be used for the qualification test) by providing the description and serial number to the firearms instructor;

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11. Be granted one attempt to qualify on their first visit;

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11. Be granted one attempt to qualify during a second visit (a different day within the same testing session). All attempts must be with the same firearm.

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1. Employees who fail two attempts during one session shall be granted an opportunity for remedial training. At the completion of the remedial training, employees shall be granted two additional attempts to qualify. All attempts must be with the same firearm declared during the initial attempt.

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1. Qualification tests for backup handguns must be requested by the employee desiring to qualify. Attempts to qualify with a backup handgun may only be granted after the qualifying employee has successfully qualified with their primary duty handgun.

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**AE 04_113 __INSPECTION AND MAINTENANCE__**

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1. Employees shall be responsible for the cleaning and care of all WCSO equipment issued to them.

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1. Employees finding a problem with any duty or issued firearm shall report it to the armory supervisor.

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1. Duty firearms should be inspected annually and necessary repairs may be provided by the WCSO armorer.

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1. Duty firearms may be subjected to unannounced inspections by supervisors or firearms instructors.

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**AE 04_114 __INCIDENTS__**

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1. All incidents involving the discharge of a firearm, except for normal discharge during training or qualification testing, shall be reported and documented in detail prior to the end of the involved employee's shift.

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1. Incident reports shall be forwarded to the Sheriff through the employee's chain of command.

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1. Incidents may be reviewed by a WCSO review board at the discretion of the Sheriff or designee. Members of the board shall be selected by the Sheriff. Findings shall be forwarded to the Sheriff.

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