Enables the department to establish a policy and procedure concerning the discharge of firearms by sworn officers.
On authority of the department, these rules and regulations stipulate the provisions regarding the use of firearms by sworn personnel.
This policy standard is intended for departmental use only, and does not apply in any criminal or civil proceeding. The policy should not be construed as the creation of a higher standard of safety or care with respect to third party claims.
FIREARMS RESTRICTIONS AND AUTHORIZED FIREARMS USE
A. A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which the officer reasonably believes to be necessary to effect the arrest and of any force which such officer reasonably believes to be necessary to defend the officer or another from bodily harm while making the arrest. However, such officer is Justified in using force likely to cause death or great bodily harm only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and the person to be arrested has committed or attempted to commit a felony involving great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
B. A law enforcement officer making an arrest pursuant to an invalid warrant is Justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.
PROHIBITED DISCHARGE OF FIREARMS
A. Officers will never use warning shots for any purpose. Warning shots place the lives of innocent bystanders in jeopardy.
A detailed written report is mandatory on any discharge of firearms, except when disposing of wounded or stray animals. (skunks, opossums, etc.)
A. All on-duty officers shall be armed with a department-approved firearm loaded with department-approved ammunition.
B. A secondary (or backup) weapon is authorized. Officers must qualify with this weapon.
C. All officers must qualify with on-duty weapon and back-up weapon at least once a year.
D. The firearm will be registered with the department by make, model caliber, and serial number. It will also be certified by KLETC Armorer.
E. The officer will demonstrate safe and proficient use of each approved firearm during regular firearms qualification sessions.
Any deviation from this policy will result in disciplinary action.