HCSD — Standard Operating Procedures

306.1 PURPOSE AND SCOPE

This policy provides guidelines for issuing firearms sometimes referred to as sidearms, the safe and legal carrying of firearms, firearms maintenance and firearms training.

This policy does not apply to issues related to the use of firearm/sidearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies.

This policy only applies to those members who are authorized to carry firearms/sidearms.

306.2 POLICY

The Hartwell County Sheriff’s Department will authorize its members with firearms to address the risks posed to the public and office members by violent and sometimes well-armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow.

306.2.1 DUTY WEAPONS

The authorized Hartwell County departmental sidearm pistols are: the Glock 17/18/21/45 in 9MM Parabellum, Glock 22 .40 S&W, Glock 23 .40 S&W or Sig Sauer P226 .40 S&W, Beretta M9 or 92F, S&W M&P or Sigma in 9MM, .40 S&W, 10MM, S&W Model 59 in 9MM, Browning Hi-Power in 9MM, H&K Mk.23 SOCOM, H&K USP in .40 S&W, and multiple manufacturers of the M1911A1 and all its variants like Combat Meister, 1911/Colt Commander in .45 Automatic Colt Pistol caliber. Glock 20 in 10MM or Colt Delta Elite in 10MM.

The authorized Hartwell County departmental revolvers are Colt Python, Colt Trooper, S&W 686, Mateba Model 6 Unica Autorevolver, Chiappa Rhino 50DS in .357 Remington Magnum. Colt Detective Special, S&W Model 10 (old M&P revolver), S&W Model 36 Chief’s Special, S&W Model 642 in .38 Special.

Sidearm restrictions: Desert Eagle or exotic handguns, be they revolvers or not, such as a BFR, semi-automatic pistols in .44 Magnum, and higher Magnum calibers .454 Casull, .475 Wildey, .500 S&W or .50 Action Express.

Those seeking to carry these exotic handguns must present their request in-person to the Sheriff or Undersheriff and provide reasoning for their carry and obtain explicit authorization to carry these weapons.

Fully-automatic handguns, featuring capabilities of full-auto, burst-fire/select fire are currently restricted and must be approved directly by the Sheriff or Undersheriff.

There are no exceptions to this policy.

Other firearms/sidearms must be explicitly authorized by The Sheriff or Undersheriff for deputy sheriff use unless listed below.

Non-sworn employees, office employee/office managers are not subject to this explicit ruling as they do not carry a firearm for duty purpose but as civilians.

306.2.2 AUTHORIZED SECONDARY FIREARM

Deputies desiring to carry a secondary or backup firearm are subject to the following restrictions:

• The firearm shall be in good working order and approved by the Sheriff and Head Rangemaster.
• Only one secondary firearm may be carried at a time.
• The purchase of the firearm and ammunition shall be the responsibility of the deputy.
• The firearm shall be carried out of sight at all times and in such a manner as to prevent accidental cocking, discharge or loss of physical control.
• The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever deemed necessary.
• Ammunition shall be the same as department issue. If the caliber of the firearm is other than department issue, the Sheriff shall approve the ammunition.
• Prior to carrying the secondary firearm, personnel shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Deputies must demonstrate proficiency and safe handling, and that the firearm functions properly.
• Personnel shall provide written notice of the make, model, color, serial number, and caliber of a second firearm to the Rangemaster.
• It is recommended that the secondary or backup firearm share the same caliber as the primary firearm or be capable of being fired by both firearms

306.2.3 AUTHORIZED OFF-DUTY FIREARM

The carrying of firearms by sworn deputies while off-duty is permitted by the Sheriff but may be rescinded should circumstances dictate (e.g., administrative leave). Sworn deputies may choose to carry their issued duty firearm while off-duty, or other firearms as approved by the Sheriff and Head Rangemaster. Off-duty weapons will be required to meet the following guidelines:

• The firearm shall be of good quality and workmanship and approved by the Department.
• The purchase of the firearm and ammunition shall be the responsibility of the deputy.
• The firearm shall be carried concealed at all times and in such a manner as to prevent accidental cocking, discharge, or loss of physical control.
• It will be the responsibility of the deputy to submit the firearm to the Rangemaster for inspection prior to being carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster.
• Prior to carrying any off-duty firearm, the deputy shall demonstrate to the Rangemaster that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner.
• The deputy will successfully qualify with the firearm prior to it being carried and thereafter once every 12 months. The range qualification dates will be specified by the Rangemaster.
• A complete description of the firearm shall be contained on the qualification record approved by the Rangemaster.
• If any member desires to use more than one firearm while off-duty, he/she may do so, as long as the deputy meets all the requirements set forth in this policy for each firearm used.
• Deputies shall only carry authorized ammunition approved by the Head Rangemaster.
• When armed, whether on or off-duty, deputies shall carry their badge and department identification.

306.2.4 AMMUNITION

Deputies shall carry only department-authorized ammunition. Deputies shall be issued fresh duty ammunition in the specified quantity for all department issued firearms during qualification each year. Deputies carrying personally owned authorized firearms of a caliber differing from department issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above at their own expense. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster when needed in accordance with established policy.

306.2.5 ALCOHOL, MARIJUANA, AND DRUGS

Firearms shall not be carried by any deputy/deputy sheriff who has consumed an amount of an alcoholic beverage, recently consumed marijuana or taken any drug that would tend to adversely affect the deputy's senses or judgment.

306.2.6 LASER SIGHTS

Laser sights may be installed on a weapon carried on-duty or off-duty

• Any approved laser sight shall only be installed in strict accordance with manufacturer specifications.
• Once approved laser sights have been properly installed on any weapon, the deputy shall qualify with the weapon to ensure proper functionality and sighting of the weapon prior to carrying it.

Except in an approved training situation, a deputy may only activate a laser sight when the deputy would otherwise be justified in pointing a weapon at an individual or other authorized target.

306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS

Members shall only use firearms that are issued or approved by the Sheriff and have been thoroughly inspected by the Head Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized office range.

All other weapons not provided by the Department, including but not limited to edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by office policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law.

Long Guns - Shotguns

306.3.1 SHOTGUNS

The authorized department-issued shotguns are 12 gauge: Remington M870, Benelli M4, Mossberg 500 series, Winchester 1912 or other semi-auto shotguns. Department-used purpose will not be automatic shotguns. Semi-auto, pump action, over/under are permissible.

Magazine fed shotguns will require expressed explicitly authorized permission from the Sheriff or Undersheriff to be carried.

When not deployed, the shotgun shall be properly secured in a locking weapons rack in the patrol vehicle with the magazine loaded, the action closed on an empty chamber, the trigger pulled to release the hammer and the safety in the safe position.

Long Guns – Rifles/Carbines

306.3.2 PATROL RIFLES

The authorized office-issued patrol rifle types are AR-10/AR-15/M16/M4 or M-14/Mini-14 style rifles chambered in .223/556 or 7.62x39MM NATO.

306.3.2.1 PISTOL CALIBER CARBINES

Pistol Caliber Carbines in heavier magnum revolver loads such as .44 Remington Magnum, .44-40 Winchester maybe explicitly authorized for use. Examples of this would be a Marlin 1894, Winchester Model 1873, 1860 Henry Rifle Other rifles or carbines may be used if specifically approved by the Sheriff, Undersheriff and Head Rangemaster.

AK style rifles or carbines are prohibited and banned for use by the Hartwell County Sheriff’s Department.

Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:

• Situations where the member reasonably anticipates an armed encounter.
• When a member is faced with a situation that may require accurate and effective fire at long range.
• Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
• When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
• When a member reasonably believes that a suspect may be wearing body armor.
• When authorized or requested by a supervisor.
• When needed to euthanize an animal.

When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle or inside the Sheriff’s Department office.

306.3.2.1 SPECIAL RIFLES

Crisis Response Unit/Special Weapons and Tactics deputies may be permitted and this permission must be explicitly granted by the Sheriff or Undersheriff, to use non-AR, non-M-14/Mini-14, non-Pistol Caliber carbine style rifles for long-range precision shots, bolt-action rifles in other known non-wildcat calibers such as: .30-06 Springfield, .300 Blackout, .308 Winchester, .45-70 Government, .50 BMG.

306.3.3 PERSONALLY OWNED DUTY FIREARMS

Members desiring to carry an authorized but personally owned duty firearm must receive written approval from the Sheriff or the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions:

• The firearm shall be in good working order and on the office list of approved firearms.
• The firearm shall be inspected by the Head Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary.
• Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Head Rangemaster, who will maintain a list of the information.

306.3.4 AUTHORIZED SECONDARY HANDGUN

Members desiring to carry office or personally owned secondary handguns are subject to the following restrictions:

• The handgun shall be in good working order and approved by the Sheriff and Head Rangemaster. Only one secondary handgun may be carried at a time.
• The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Office.
• The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control.
• The handgun shall be inspected by the Head Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary.
• Ammunition shall be the same as office issue. If the caliber of the handgun is other than office issue, the Sheriff or the authorized designee shall approve the ammunition.
• Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the office qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly.
• Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Head Rangemaster, who will maintain a list of the information.

306.4 FIREARMS QUALIFICATIONS

All sworn personnel are required to qualify annually with their duty weapon and annually with their off-duty weapon and secondary weapon on an approved range course. The Head Rangemaster shall keep accurate records of qualifications, repairs, maintenance, training or as directed by the Training Coordinator. In addition to regular qualification schedules, the Head Rangemaster shall be responsible for providing all sworn personnel with annual practical training designed to simulate field situations. At least annually, all personnel carrying a firearm will receive training on the department Use of Force policy and demonstrate their knowledge and understanding.

306.4.1 REPAIRS OR MODIFICATIONS

Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Head Rangemaster.

Firearms that are the property of the Office or personally owned firearms that are approved for office use may be repaired or modified only by a person who is office-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Head Rangemaster.

Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Head Rangemaster.

306.4.2 HOLSTERS

Only office-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. Holsters from the firearms manufacturer are also hereby approved.

306.4.3 TACTICAL LIGHTS

Tactical lights may be installed on a firearm carried on- or off-duty. Once tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it.

306.5 SAFE HANDLING, INSPECTION AND STORAGE

Members shall maintain the highest level of safety when handling firearms and shall consider the following:

• Members shall not unnecessarily display or handle any firearm.
• Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Head Rangemaster.
• Members shall not clean, repair, load or unload a firearm anywhere in the Department except where a/the clearing barrel(s) is/are present.
• Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels.
• Members shall not place or store any firearm or other weapon on office premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section.
• Members shall not use any automatic firearm, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor.
• Any firearm authorized by the Office to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Office or a Head Rangemaster approved by the Office for inspection and repair. Any firearm deemed in need of repair or service by the Head Rangemaster will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable.

306.5.1 INSPECTION AND STORAGE

Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels.

Personally owned and department issued firearms may be safely stored in lockers at the end of the shift. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room.

306.5.2 ADDITIONAL GUIDELINES FOR STORAGE

Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles, or any other area under their custody or control, and in a manner that will keep them inaccessible to children and others who should not have access.

Members shall not permit office-issued firearms to be handled by anyone not authorized by the Office to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 17060; Penal Code § 25100; Penal Code § 25105; Penal Code § 25145).

306.5.3 ADDITIONAL GUIDELINES FOR STORAGE IN VEHICLES

When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container that is placed out of view, or in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently affixed to the vehicle (Penal Code § 25140; Penal Code § 25452). If the vehicle does not have a trunk or a locked container, then the firearm should be locked within the center utility console that can be locked with a padlock, keylock, combination lock, or other similar locking device (Penal Code § 25140).

Deputies are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140).

306.6 FIREARM DISCHARGE

Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy.

In all other cases, written reports shall be made as follows:

• If on-duty at the time of the incident, the member shall file a written report with his/her Division Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed.
• If off-duty at the time of the incident, the member shall file a written report or provide a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor.

Destruction of Animals

306.6.1 DESTRUCTION OF ANIMALS

Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective.

In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, office members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety.

Injured Animals

306.6.2 INJURED ANIMALS

With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical.

Stray or abandoned injured animals that may be moved or taken to an available veterinarian should not be euthanized. With supervisor approval, abandoned injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made. Absent extenuating circumstances, injured dogs and cats found without their owners should be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed (Penal Code § 597.1).

Warning Shots

306.6.3 WARNING AND OTHER SHOTS

Generally, shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe.

Warning shots should not be used.

Head Rangemaster

306.7 HEAD RANGEMASTER DUTIES

The range, for the purposes of certifying civilians and or deputy sheriffs will be under the exclusive control of the Head Rangemaster. The Sheriff or Undersheriff or a designee may assume the duties of Head Rangemaster or Rangemaster when qualifying/certifying persons.

All members attending will follow the directions of the Head Rangemaster. The Head Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Training Deputy after each range date. Failure of any member to sign in and out with the Head Rangemaster may result in non-qualification.

The range shall remain operational and accessible to office/department members during hours established by the Department or it can be opened by the HCSD as needed.

The Head Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this office to verify proper operation. The Head Rangemaster has the authority to deem any office-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Head Rangemaster.

The Head Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry.

The Head Rangemaster shall complete and submit to the Training Deputy documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training.

The HCSD will hire a department Gunsmith or contract out these duties for weapons repair.

306.8 FLYING WHILE ARMED

The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to deputies who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219):

• Deputies wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Office based on the law and published TSA rules.
• Deputies must carry their Hartwell County Sheriff’s Department identification card, bearing the deputy’s name, a full-face photograph, identification number, and the signature of the Sheriff or the official seal of the Office and must present this identification to airline officials when requested as well as the Hartwell County Sheriff’s Department badge. The deputy should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport).
• The Hartwell County Sheriff’s Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the deputy’s travel. If approved, TSA will send the Hartwell County Sheriff’s Department an NLETS message containing a unique alphanumeric identifier. The deputy must present the message on the day of travel to airport personnel as authorization to travel while armed.
• An official letter signed by the Sheriff authorizing armed travel may also accompany the deputy. The letter should outline the deputy’s need to fly armed, detail his/her itinerary, and include that the deputy has completed the mandatory TSA training for a law enforcement officer flying while armed.
• Deputies must have completed the mandated TSA security training covering deputies flying while armed. The training shall be given by the office-appointed instructor.
• It is the deputy’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter.
• Any deputy flying while armed should discreetly contact the flight crew prior to takeoff and notify them of his/her assigned seat.
• Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The deputy must keep the firearm concealed on his/her person at all times.

Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment.

• Deputies should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier.
• Deputies shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft.

306.8.1 REPAIR OR MODIFICATIONS OF DUTY WEAPONS

The Rangemaster shall be the only person authorized to repair or modify any department-owned weapon. All repairs and/or modifications of department issued weapons not performed by the Rangemaster must be approved in advance by the Head Rangemaster and accomplished by a department approved Gunsmith.

Any repairs or modifications to the deputy's personally owned weapon shall be done at his or her expense and must be approved by the Rangemaster.

306.9 CARRYING FIREARMS OUT OF STATE

Qualified, active, full-time deputies of this office are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B):

• The deputy shall carry his/her Hartwell County Sheriff’s Department identification card whenever carrying such firearm.
• The deputy is not the subject of any current disciplinary action.
• The deputy may not be under the influence of alcohol or any other intoxicating or hallucinatory drug.
• The deputy will remain subject to this and all other office policies (including qualifying and training).

Deputies are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield a deputy from arrest and prosecution in such locally restricted areas.

Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B.

Combat or Utility Knives

306.8.2 COMBAT OR UTILITY KNIFE

Due to the rural nature of Hartwell County, Deputy Sheriffs are permitted to carry knives on their person to carry out functions, cut materials, or other perceived functions, utility, or use. Knives may vary from utility blades, boxcutter, or military-style combat knives.

Vehicle Pursuits