Policy
312
Alameda Police Department
Alameda Police Department Policy Manual
Copyright Lexipol, LLC 2022/02/01, All Rights Reserved.
Published with permission by Alameda Police Department ***DRAFT*** Firearms - 1 Firearms
312.1 PURPOSE AND SCOPE
Best Practice
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training.
This policy does not apply to issues related to the use of firearms 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. 312.2 POLICY
Best Practice MODIFIED
The Alameda Police Department will equip its members with firearms to address the risks posed to the public and department 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.
312.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Best Practice MODIFIED
Members shall only use firearms that are issued or approved by the department and have been thoroughly inspected by the 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 department 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 department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Bureau Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law.
312.3.1 HANDGUNS
Best Practice MODIFIED
MAKE/MANUFACTURER/MODEL:
The authorized department issued handguns for uniformed personnel on -duty use are as follows:
is the Glock 17, chambered in 9mm.
* Beretta
* Glock
* Heckler & Koch
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 2 * Sig Sauer
* Smith & Wesson
MODELS:
* Must be chambered in either 9mm or .45 ACP .
* Handguns for uniform/patrol use must have a barrel length of no less than 3.5 inches, and no more than 6 inches. On-duty handguns for plain-clothes/detective use may have a barrel of less than 3.5 inches, providing the weapon meets all other criteria outlined in this section, and Rangemaster approval.
On-duty handguns for non-uniformed personnel shall be a Glock chambered in 9mm and may have a barrel of less than 3.5 inches, provided the weapon meets all other criteria outlined in this section, and Rangemaster approval.
* Must have a magazine capacity of at least 7 cartridges. On-duty personnel shall not carry a magazine that holds more than 17 cartridges.
* Handgun finish must be parkerized, black, blue, or stainless steel. * Grips must be wood (brown/natural in color) or plastic/rubber (black or brown).
No mechanical modifications, other than grips, sights, or approved handgun-mounted illumination devices shall be made to any duty handgun. All modifications must meet Rangemaster approval. 312.3.2 PATROL RIFLES
Best Practice MODIFIED
The authorized department-issued patrol rifle is the Colt AR-15.
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:
(a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range.
(c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
(d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor.
(g) 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.
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 3 312.3.3 AUTHORIZED OFF-DUTY FIREARMS
Discretionary MODIFIED
The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines:
(a) The weapon shall be of good quality and
workmanship (e.g. Colt, Smith & Wesson, Browning, Sig Sauer, etc.). In addition to the calibers authorized for on-duty use, .38/.357 revolvers are also authorized for off-duty carry. (b) The purchase of the weapon shall be the responsibility of the officer. (c) The weapon shall be carried out of sight at all times, in a holster approved by the Rangemaster or designated Firearms Instructor, and in such a manner as to prevent accidental cocking, discharge, or loss of physical control.The weapon shall be carried at all times in a manner which ensures positive control of the firearm.
(d) It will be the responsibility of the officer to submit the weapon to the Rangemaster or designated Firearms Instructor for inspection prior to being carried off-duty.The Rangemaster or designated Firearms Instructor shall assure that the officer is proficient in handling and firing that weapon and it will be carried in a safe manner.The weapon shall be subject to inspection whenever deemed necessary.The officer will successfully qualify with the weapon prior to it being carried and thereafter once annually.The range qualification dates will be specified by the Rangemaster. (e) A complete description of the weapon(s) shall be contained on the qualification record approved by the Rangemaster.
(f) Only department approved ammunition is authorized for use in off-duty carry, in either 9mm, .45 ACP, .380 ACP, or .38/.357.
(g) If any member desires to own more than one weapon utilized while off-duty, he/she may do so, as long as the officer meets all the requirements set forth in this policy for each weapon used. (h) When armed, whether on or off-duty, officers shall carry their department identification and/ or badge when practical.
312.3.4 AMMUNITION
Best Practice MODIFIED
Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster or designated Firearms Instructor when needed, in accordance with established policy.
312.4 EQUIPMENT
Best Practice MODIFIED
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 4 Firearms carried on or off-duty shall be maintained in a clean, serviceable condition. Maintenance and r Repair of authorized personally department issued owned firearms are the will be the responsibility of the Rangemaster. individual member . Maintenance and repair of authorized personally owned firearms is the responsibility of the individual member. 312.4.1 REPAIRS OR MODIFICATIONS
Best Practice MODIFIED
Each member shall be responsible for promptly reporting any damage or malfunction of their firearm to a supervisor or the Rangemaster.
Firearms that are approved for department use may be repaired or modified only by a person who is department-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 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 Rangemaster.
Any member who chooses to transition to a different on-duty firearm where the following exists:
(a) The new firearm's features manipulate differently than thier current firearm, (e.g. decocking lever, safety mechanism, hamer to hammerless, magazine release button, Etc.) (b) The trigger pull weight is less or exceeds their current on-duty firearm. (c) The firearm requires a new holster that manipulates differently than their current holster.
If any of the above criteria exists, the member shall complete a two hour training course approved by the Rangemaster that demonstrates the member's ability to operate the firearm and accompanying equipment proficiently. The member must also re-qualify with the new firearm and equipment. The "Duty Weapon Transitional Course" shall be completed by the Rangemaster or designated Firearms Instructor.
312.4.2 HOLSTERS
Best Practice MODIFIED
Only department-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. Members will be issued holsters, however, they may purchase a different holster that has been approved by the Rangemaster. 312.4.3 TACTICAL LIGHTS
Best Practice MODIFIED
Uniformed personnel shall only use department issued tactical lights. Non-issued t Tactical lights may only be installed on a firearm carried on or by non-uniformed personnel or off-duty after Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 5 they have been examined and approved by the Rangemaster. Tactical lights equipped with lasers are not authorized. Once the approved 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.
312.4.4 OPTICS
Best Practice MODIFIED
Optics may only be installed on a firearm carried on or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights 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.
Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 312.5 SAFE HANDLING, INSPECTION AND STORAGE
Best Practice MODIFIED
Members shall maintain the highest level of safety when handling firearms and shall consider the following:
(a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Members shall not dry fire or practice quick draws except in a controlled enviro nment, such as the department range or designated training facility. Prior to the firearm being dry fired or quick drawn, a safety check shall be completed to ensure the weapon is not loaded. (c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present or within the confines of the range. (d) 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.
(e) Members shall not place or store any firearm or other weapon on department 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.
(f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g) Any firearm authorized by the Department 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 Department or a Rangemaster approved by the Department for inspection and repair. Any firearm Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 6 deemed in need of repair or service by the 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. 312.5.1 INSPECTION AND STORAGE
Best Practice MODIFIED
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.
Department issued and P personally owned firearms may be safely stored in lockers at the end of the shift. Department-owned firearms shall be stored in the appropriate equipment storage room. 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.
312.5.2 STORAGE AT HOME
State MODIFIED
Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the department to do so.
Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100).
312.5.3 ALCOHOL AND DRUGS
Best Practice
Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 312.5.4 STORAGE IN VEHICLES
State MODIFIED
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 § 16850; 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).
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 7 Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 312.6 FIREARMS TRAINING AND QUALIFICATIONS
Best Practice MODIFIED
All sworn personnel are required to qualify quarterly with their duty weapon and annually with their off-duty weapon(s) on an approved range course.The Rangemaster shall keep accurate records of quarterly qualifications, repairs, maintenance, training or as directed by the Personnel Inspectional Services and Training Sergeant.In addition to regular qualification schedules, the Rangemaster or designated Firearms Instructor 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 Body Worn Camera (BWC) activation practice and should demonstrate their knowledge and understanding.
312.6.1 NON-CERTIFICATION OR NON-QUALIFICATION
Best Practice
If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period.
Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements:
(a) Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency.
(b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following:
1. Unauthorized range make-up
2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action.
312.7 FIREARM DISCHARGE
Best Practice MODIFIED
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 Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 8 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, documentation of the incident reports shall be made as follows:
(a) If on-duty at the time of the incident and no property damage occurred, the member shall provide basic information to his/her supervisor. The supervisor shall document the incident with a Blue Team entry prior to the end of shift, unless otherwise directed. (b) If on-duty at the time of the incident and property damage occurred, the member shall provide basic information to his/her supervisor. The supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.
A miscellaneous report will be completed by an un-involved officer to document the property damage.
(c) If off-duty and within the city of Alameda at the time of the incident, the member shall provide basic information to responding officers and a miscellaneous report shall be completed. A supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.
(d) If off-duty and outside the city limits of Alameda at the time of the incident, the member shall cooperate with the investigating agency. The member shall provide basic information to his/her supervisor as soon as circumstances permit. The supervisor shall document the incident with a Blue Team entry prior to the end of their shift, unless otherwise directed.
312.7.1 DESTRUCTION OF ANIMALS
Best Practice MODIFIED
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, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, [EMDT TM 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 or becomes impractical. 312.7.2 INJURED ANIMALS
State
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. Injured dogs and cats found without their owners shall be taken to an appropriate Alameda Police Department
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 9 veterinarian for determination of whether they should be treated or humanely destroyed (Penal Code § 597.1).
312.7.3 WARNING AND OTHER SHOTS
Best Practice
Generally, warning shots or 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.
312.8 RANGEMASTER DUTIES
Best Practice MODIFIED
The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Personnel and Training Sergeant after each range date. Failure of any member to sign in and out with the Rangemaster may result in non- qualification.
The range shall remain operational and accessible to Department members during hours established by the Department. The ONLY ammunition authorized in the Alameda Police Department indoor range will be lead free, non-toxic based ammunition and must be approved by the Rangemaster and the Personnel and Training Sergeant. All duty ammunition and practice ammunition that is lead based must be stored in a locked and secured location within the Police Administration Building (PAB). This designated location within the PAB will be determined by the Services Bureau Captain, the Rangemaster, and the Personnel and Training Sergeant.
The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Rangemaster has the authority to deem any 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 Rangemaster.
The 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 Rangemaster shall complete and submit to the Personnel and Training Sergeant 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 Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Personnel and Training Sergeant. 312.8.1 ASSISTANT RANGEMASTER
Agency Content
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 10 The Assistant Rangemaster will fall under direct supervision of the Rangemaster and will assist the Rangemaster with his/her primary responsibilities.
In the absence of the Rangemaster, the Assistant Rangemaster will become the designated Rangemaster.
312.8.2 FIREARMS INSTRUCTOR
Agency Content
Firearms Instructors will fall under the direct supervision of the Rangemaster. They are responsible for conducting quarterly qualifications, preparing training outlines, performing weapon maintenance, maintaining department owned weaponry, conducting ammunition/weaponry inventories, conducting range maintenance, conducting weapon inspections, and any other assignment/responsibility delegated by the Rangemaster or Assistant Rangemaster.
Firearm Instructors will report directly to the Rangemaster or the Assistant Rangemaster in his/ her absence.
312.9 FLYING WHILE ARMED
Federal MODIFIED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to Officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219):
(a) Officers 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 department based on the law and published TSA rules. (b) Officers must carry their Alameda Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport).
(c) The Alameda Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Alameda Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d) An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed.
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Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 11 (e) Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor.
(f) It is the officer’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.
(g) Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat.
(h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer 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.
(i) Officers 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.
(j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft.
312.10 CARRYING FIREARMS OUT OF STATE
Federal MODIFIED
Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B):
(a) The officer shall carry his/her Alameda Police Department identification card whenever carrying such firearm.
(b) The officer is not the subject of any current disciplinary action. (c) The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug.
(d) The officer will remain subject to this and all other department policies (including qualifying and training).
Officers 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 an officer 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.
312.11 FIREARM SECURITY IN VEHICLES
Agency Content
Alameda Police Department
Alameda Police Department Policy Manual
Firearms
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Published with permission by Alameda Police Department ***DRAFT*** Firearms - 12 Members are responsible for knowing the location of firearm(s) under their care and control; and ensuring those firearm(s) are secure at all times, whether on or off duty.
When members are in public and in possession of a firearm, they should maintain the firearm secured on their person at all times.
However, should it become necessary to secure a firearm inside an unatteneded vehicle (excludes shotguns/patrol rifles already secured), a member shall adhere to the following guidelines:
* Members shall not secure firearms in the glove box or other similar storage compartment within any vehicle.
* If a member is faced with a situation that requires a firearm be stored in an unattended vehicle for a short period of time, the firearm shall be secured inside the locked trunk of the vehicle. The firearm is to be placed in the trunk out of public view. * If the vehicle design does not include a trunk (truck, SUV, etc.), the firearm shall be secured in a locked metal container affixed to the vehicle in a location within the passenger compartment not visible from the exterior of the vehicle. The firearm is to be placed in the locked metal container out of public view.
If a member is unable to secure a firearm in a vehicle as described above, the member shall not leave a firearm in an unattended vehicle.
Under no circumstances shall any firearm be left unattended in a vehicle overnight.