79 Neb. Admin. Code, ch. 11, § 005

Current through September 17, 2024
Section 79-11-005 - Procedure
005.01Annual Certification
005.01A Qualification Course:
(1) All appointed law enforcement officers and reserve officers employed by a law enforcement agency, and individuals exercising law enforcement duties under a special deputy status shall qualify at least once every calendar year on a fifty round handgun course as established by the Council. Only the Council-approved qualification course will be considered as the annual Handgun Qualification Course.
(1A) The Council-approved course shall consist of a handgun course where the individual shoots fifty rounds of ammunition at a prescribed target which shall be the Federal Bureau of Investigation's "Q" target. The Council-approved course for annual certification is attached to this rule and regulation and is hereby incorporated into this chapter.
(1B) In order for an individual to qualify on the Council-approved qualification course, the individual must receive a passing score of seventy percent or higher on the course. To calculate the qualification score, the certifying instructor shall take the number of shots fired that actually strike the "Q" portion or silhouette of the target and divide that number by the total number of shots fired during the course (i.e., 50) to derive the scoring percentage. If an individual's scoring percentage is less than seventy (70) percent, that individual has failed to qualify on the course.
(1C) The status and/or limitation of an individual who fails to qualify in a calendar year shall be determined by the Council in accordance with section 009 of this chapter.
(2) All appointed law enforcement officers and reserve officers employed by a law enforcement agency and individuals exercising law enforcement duties under a special deputy status, who utilize a patrol rifle, shall qualify at least once every calendar year on a fifty round patrol rifle course that meets or exceeds the Council-approved parameters for a patrol rifle qualification course.
(2A) The Council-approved course shall consist of a patrol rifle course where the individual shoots fifty rounds of ammunition at a prescribed target which shall be the Federal Bureau of Investigation's "Q" target or similar target.
(3) The Council-approved Handgun Qualification Ceourse shall only be administered and scored by qualified Nebraska Firearms Instructors who are employed by law enforcement agencies or agencies that exercise law enforcement duties conveyed upon them by state deputy sheriff status.
a. In order to be considered as a qualified firearms instructor and/or patrol rifle instructor, the individual must be certified as an instructor in accordance with this chapter.
b. A certified firearms instructor may annually certify himself/herself on the Council-approved Handgun Qualification Ceourse provided the firing of the course is administered, witnessed and scored by another certified law enforcement officer who has already qualified for that calendar year on the Handgun Qualification Course.
005.01B Handguns:
(1) Individuals shall qualify with a handgun of the same make and model as the handgun which is the primary duty handgun to be carried by the individual while he/she is on duty.
(2) For those individuals who are not authorized to use a handgun in the performance of his/her duties, they shall qualify with only a handgun which meets Training Center standards which includes 38 caliber revolvers, 357 revolvers, 45 or 40 caliber pistols, or 9 mm or 10 mm pistols.
005.01C Rifles:
(1) Individuals who are authorized by their agency to carry a patrol rifle shall qualify with a rifle of the same make and model as the patrol rifle which they are authorized to carry while he/she is on duty.
005.01D Agency Reporting:
(1) The individual in charge of any agency employing law enforcement officers, regardless of whether that officer is considered full-time, part-time, or reserve, or an individual exercising law enforcement duties under a special deputy status, shall submit to the Council an Agency Firearms Qualification Report of those individuals employed by his/her agency and whether those individuals passed or failed to qualify on the handgun qualification course and/or patrol rifle qualification course.
a. Agency Firearms Qualification Reports shall be on file no later than December 31 of that calendar year. An agency will be deemed to be in a noncompliance status if the Agency Firearms Qualification Report is not received by the Training Center by January 7 of the next year and subject to fines for each day that the agency is deemed to be in such status. The Director shall report to the Council at its next regular meeting all of the agencies that are in a noncompliance status regardless of the reason.
(2) The Agency Firearms Qualification Report form (TC-045) shall include the following: the agency's name, the name of each appointed law enforcement officer or individual exercising law enforcement duties under a special deputy status, whether the individual passed or failed the qualification course, the name and agency of the certified instructor who administered the course, the date the qualification course was conducted, and the type of handgun and/or patrol rifle the individual used for qualification, the certifying signature of the individual in charge of submitting the form and in the case of a firearms instructor's qualification, the name of the officer who witnessed and administered the course.
(3) Failure to comply with the reporting requirements will result in a fine of one hundred dollars for each day of noncompliance.
(4) The Training Center shall maintain all Agency Firearms H Qualification Report forms for that calendar year. However, each law enforcement agency is responsible for the maintenance of its own Firearms qualification records.

79 Neb. Admin. Code, ch. 11, § 005