N.H. Code Admin. R. Pol 404.03

Current through Register No. 16, April 18, 2024
Section Pol 404.03 - Firearms Training Requirement
(a) Prior to the issuance or carrying of a firearm or other defensive weapon and every calendar year thereafter, all law enforcement, corrections or probation/parole officers who are authorized to use force in the course of their employment shall meet the minimum standards established in Pol 302.02 including proficiency with each such weapon subject to the following:
(1) The proficiency shall be monitored and documented in the case of firearms by a council-certified firearms instructor; and
(2) In the case of other weapons, proficiency shall be monitored and documented by an instructor deemed by the officer's department to be qualified to evaluate proficiency in that particular weapon.
(b) Officers shall complete the handgun course utilizing a silhouette target with a minimum qualification score of 75%, 2 consecutive times.
(c) The handgun course shall consist of the following elements:
(1) The officer shall fire 2 sets of 2 rounds beginning with weapon in holster with the strong hand in 3 seconds from the 3 yard line;
(2) The officer shall fire 3 rounds right hand and 3 rounds left hand in 7 seconds from the 5 yard line;
(3) The officer shall fire one set of 6 rounds beginning with weapon in holster cover down in 8 seconds from the 7 yard line;
(4) The officer shall fire one set of 6 rounds beginning with weapon in holster cover down in 10 seconds from the 10 yard line;
(5) The officer shall complete the following sequence from the 15 yard line in a total of 25 seconds:
a. Fire 2 rounds strong hand from the right side of cover;
b. Fire 2 rounds strong hand from a kneeling position on the right side of cover;
c. Reload the weapon;
d. Fire 2 rounds strong hand from the left side of cover; and
e. Fire 2 rounds strong hand from a kneeling position on the left side of cover; and
(6) The officer shall fire 3 segments of 2 rounds each in 12 seconds per segment from the 25 yard line, with each segment including each of the following actions:
a. The officer shall begin 5 yards behind a barricade;
b. Upon command, the officer shall move into a kneeling position behind barricade; and
c. The officer shall draw his/her weapon with the strong hand, fire 2 rounds at the target, and holster the weapon.
(d) Agencies that use semiautomatic pistols or otherwise wish to utilize a unique firearms course shall submit a complete description of the proposed training. The director shall approve such a course if it provides an equivalent level of shooter accuracy and proficiency as the courses outlined in (c) above, including distances that simulate both close-range and distant encounters, and multiple timed firing.
(e) All in-service law enforcement, corrections and probation/parole officers who are issued or carry a defensive weapon and who are authorized to use force in the course of their employment, shall in addition to annual firearms range qualification attend and complete at least once each calendar year a refresher training segment or segments of not less than 4 hours regarding the use of deadly and non-deadly force.
(f) Such training shall include a classroom presentation of:
(1) The lawful use of deadly and non-deadly force;
(2) The concept and application of the force continuum;
(3) High speed vehicle operation and the use of roadblocks and, if applicable to that agency, tire deflation devices;
(4) The use of impact weapons and handcuffs;
(5) Unarmed self-defense;
(6) Precautions against positional asphyxia and in-custody death syndrome;
(7) The safe handling, storage, cleaning and deployment of firearms on- and off-duty;
(8) The administration or provision of appropriate medical aid after the application of force; and
(9) Agency policies concerning these subjects.
(g) Each of the areas in (f) above shall not have to be covered each year, but all shall be discussed within a 3-year cycle, and if the officer is issued or carries firearms then, (1), (2), (7), (8), and (9) shall be discussed annually.
(h) The classroom presentation and discussion shall be led by a council-certified firearms instructor and shall be no less than one hour in length.
(i) The remaining 3 hours shall consist of, at the option of the hiring authority:
(1) Classroom training;
(2) Text-based training;
(3) Decision training;
(4) Additional low-light-level shooting;
(5) Defensive tactics;
(6) Weapon retention;
(7) Handcuffing;
(8) Impact weapon; or
(9) Defensive spray refresher instruction.
(j) This training shall be conducted by a council-certified firearms instructor, or in the case of non-firearms training, an instructor deemed qualified by their department to conduct such training, using appropriate safety precautions.
(k) Training and proficiency shall be documented and monitored by the department and records retained for a 5-year period and subject to examination and audit by the director or his or her authorized agent.
(l) The documentation shall be attested to by a council-approved firearms instructor and contain the following information:
(1) The full name of each officer;
(2) The officer's department;
(3) Whether the officer passed or failed;
(4) Whether or not 4-hour classroom phase was included;
(5) The date of completion;
(6) The instructor's name and signature;
(7) Lesson outlines used; and
(8) Signed attendance rosters.
(m) Qualified retired law enforcement officers as defined in Pol 101.37, who wish to carry a concealed weapon pursuant to the provisions of H.R. 218, the "Law Enforcement Officers' Safety Act of 2004", 18 U.S.C. 926 C, as amended, shall:
(1) Present a retired law enforcement officer identification which meets the requirements of 18 U.S.C. 926 C (d) (2A) and Pol 101.38, to an officer holding a current council firearms instructor certification, pursuant to Pol 404.05 and whose agency is willing to carry out the handgun qualification of 18 U.S.C. 926 C (c) (5) and Pol 404.03(b) and (c);
(2) Complete the use of force training provided by the firearms instructor currently certified by the council, as required by RSA 627:1 through 8 and Pol 404.03(f) (1), (2), (7), and (8); and
(3) Complete the course of fire outlined in Pol 404.03(b) and (c) or another course of fire approved by the director of the council 2 consecutive times with a score of 75% or better, conducted by a firearms instructor currently certified by the council and approved by the firearms instructor's employer.
(n) Upon completion of the requirements outlined in Pol 404.03(m), the council firearms instructor of record shall provide the qualified retired law enforcement officer documentation, including:
(1) The name of the qualified retired law enforcement officer;
(2) The mailing address of the qualified retired law enforcement officer;
(3) The date of the qualification;
(4) Make, model and serial number of the weapon used for qualification purposes;
(5) The type of ammunition qualified with;
(6) The scores shot for qualification;
(7) The signature and council assigned identification number of the firearms instructor of record; and
(8) The signature of the qualified retired law enforcement officer.
(o) A copy of the documentation required in Pol 404.03(n) and a photocopy of the retired law enforcement officer identification relied upon to satisfy Pol 404.03(m) (1), shall be retained by the council certified firearms instructor's employing agency for a 5 year period.

N.H. Code Admin. R. Pol 404.03

#1534, eff 2-17-80; ss by #1988, eff 3-25-82; ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss by #7302, eff 6-8-00; amd by #8926, eff 7-1-07; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08

Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10780, Effective 3/1/2015, Expires3/1/2025.
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12041, Effective 11/16/2016, Expires 11/16/2026.