D.C. Mun. Regs. tit. 6, r. 6-A207

Current through Register Vol. 71, No. 39, September 27, 2024

Rule 6-A207 - USE OF FIREARMS AND OTHER WEAPONS

207.1

It is the policy of the Metropolitan Police Department that each member of the department shall in all cases use only the minimum amount of force which is consistent with the accomplishment of his or her mission, and shall exhaust every other reasonable means of apprehension or defense before resorting to the use of firearms.

207.2

No member of the Metropolitan Police Force shall discharge a firearm in the performance of police duties except under the following circumstances:

(a) To defend him or herself or another from an attack which the officer has reasonable cause to believe could result in death or serious bodily injury;

(b) To effect the arrest or to prevent the escape, when every other means of effecting the arrest or preventing the escape has been exhausted, of a person who has committed a felony or has attempted to commit a felony in the police officer's presence, or when a felony has been committed and the police officer has reasonable grounds to believe the person he or she is attempting to apprehend committed the felony; Provided, that the felony for which the arrest is sought involved an actual or threatened attack which the officer has reasonable cause to believe could result in death or serious bodily injury; and provided further, that the lives of innocent persons will not be endangered if the officer uses his or her firearm;

(c) To kill a dangerous animal or one that is so badly injured that humanity requires its removal from further suffering; or

(d) For target practice or competition on an approved range.

207.3

No member of the Metropolitan Police Force shall discharge his or her firearm under the following circumstances:

(a) As a warning;

(b) At or from any moving vehicle except when the officer is justified in firing under §§ 207.2(a) and 207.2(b) and the officer has no cause to believe that any innocent person will be injured as the result of firing at or from that moving vehicle;

(c) In any felony case which does not involve an actual or threatened attack which the officer has reasonable cause to believe could result in death or bodily injury; and

(d) In any case involving a misdemeanor offense.

207.4

No member of the Metropolitan Police Force, in the normal exercise of his or her responsibility as a police officer, shall carry, use or discharge any firearm or other weapon except those issued or approved for use by the Metropolitan Police Department under general order of the Chief of Police.

207.5

Each member of the force shall, when he or she uses a weapon other than a firearm issued for use by the Metropolitan Police Department, report the incident to his or her commanding officer no later than the conclusion of the tour of duty in which the incident occurs. The commanding officer shall make a thorough investigation and, in his or her discretion, forward a report of the incident to the Chief of Police.

207.6

Any member of the force who discharges a firearm either accidentally or in the performance of duty shall file a written report of the incident with his or her commanding officer and with the Chief of Police within twenty-four (24) hours. The Chief of Police shall promptly advise the Mayor of the incident.

207.7

The commanding officer shall, as soon as possible, conduct a thorough investigation of the circumstances surrounding the discharge of firearms and shall submit a detailed written report of the results of the investigation and his or her conclusions as to whether the discharge was justified and his or her recommendations to the Chief of Police.

207.8

The Chief of Police shall advise the Mayor as to the result of the investigation and any disciplinary action taken against the police officer as a result of the discharge of a firearm. If the police officer who discharged his or her firearm is killed or incapacitated, his or her supervisor shall be responsible for filing the initial report.

207.9

A member of the force whose use of firearms or other weapons results in the death of another shall be automatically placed in off-duty status (with full pay and allowances) pending investigation of the circumstances surrounding the death.

207.10

The circumstances under which a police officer may use his or her revolver are set forth in the Police Manual. Shooting at another is a crime except when proven to be done as authorized by law. A police officer, sworn to execute the laws, should be doubly careful. For if he or she should, through cowardice, passion, or malice, shoot at, wound, or kill another, he or she would be guilty not only of violating the law, but also of violating his or her oath of office.

D.C. Mun. Regs. tit. 6, r. 6-A207

Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972) as amended by § 7 of the Metropolitan Police Officer Civil Rights Act, D.C. Law 2-71, 24 DCR 6858 (February 17, 1978)

Section 208 "Service of Process" is deleted in its entirety from this Chapter 2 "General Rules". See new Chapter 20 "Service of Process" of this publication (Police Personnel 6A DCMR) or Final rulemaking published at 54 DCR 8816 (September 7, 2007).

AUTHORITY: Unless otherwise indicated, the authority for amendments to this chapter is pursuant to D.C. Act 14-403, section 2712 of the "Off Duty Service Pistol Authorization Amendment Act of 2002", and further amended pursuant to § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007, D.C. Law 16-223.