Keith Mack
The use of firearms by police forces varies across the world, with some officers carrying firearms as standard, and others only carrying them in certain situations. For example, in the United States, all law enforcement officers carry firearms, whereas in the United Kingdom, police officers do not carry firearms unless the situation is expected to merit it. In New Zealand, police officers do not usually carry firearms, but they are trained with the Glock 17 pistol and Bushmaster M4 semi-automatic rifle, which are kept in frontline police vehicles. In Sweden, the standard weapon issued to officers is the SIG Sauer P226, but a new Glock45 is being implemented. There are benefits to both department-issued handguns and personally-owned guns, and the best option for each police department will depend on a variety of factors.
| Characteristics | Values |
|---|---|
| Can law enforcement use non-issued guns? | In California, there are three groups of public entities that may purchase non-roster handguns. |
| Which groups? | Group 1: The Department of Justice, a police department, a sheriff’s official, a marshal’s office, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, any district attorney’s office, any federal law enforcement agency, or the military/naval forces. |
| Are there conditions for use? | Yes, sworn members must have completed the Peace Officer Standards Training (POST) basic course or the firearms portion of a training course prescribed by POST before January 1, 2021. They must also complete a live-fire qualification prescribed by their employer at least once every six months. |
| Can they be used for personal use? | Yes, but the prerequisites for purchase, eligibility, and restrictions on resale vary for each group. |
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What You'll Learn
California's non-roster handgun exemptions
In California, there are generally criminal penalties for those who sell, purchase, give, or transfer a non-roster handgun. However, there are three groups of public entities that are exempt from these restrictions and are allowed to purchase non-roster handguns. These groups are as follows:
Group 1
The first group includes public entities that are permitted to purchase non-roster handguns for use in the discharge of their official duties. This group comprises:
- The Department of Justice
- A police department
- A sheriff’s official
- A marshal’s office
- The Department of Corrections and Rehabilitation
- The Department of the California Highway Patrol
- Any district attorney’s office
- Any federal law enforcement agency
- The military or naval forces of California or the United States
Group 2
The second group includes sworn members of specific agencies who are permitted to purchase non-roster handguns for personal use. These agencies include:
- The Department of Parks and Recreation
- The Department of Alcoholic Beverage Control
- The Division of Investigation of the Department of Consumer Affairs
- The Department of Motor Vehicles
- The Fraud Division of the Department of Insurance
- The State Department of State Hospitals
- The Department of Fish and Wildlife
- The State Department of Developmental Services
- The Department of Forestry and Fire Protection
- A county probation department
- Los Angeles World Airports, as defined in California Penal Code section 830.15
- A K–12 public school district for use by a school police officer, as per California Penal Code section 830.32
Sworn members of Group 2 entities are subject to certain restrictions when reselling or transferring non-roster handguns. They may only resell or transfer such firearms to sworn members of Group 1, Group 2, or Group 3 entities.
Group 3
The third group includes sworn peace officers or sworn federal law enforcement officers who are authorized to carry a firearm as part of their duties. These officers may possess, borrow, purchase, receive, and import large-capacity magazines into California.
It is important to note that members of these groups must have completed specific firearms training, such as the Peace Officer Standards Training (POST) basic course, to be eligible for these exemptions.
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Law enforcement accountability
Law enforcement officials have a crucial role in safeguarding the right to life, liberty, and security, as outlined in the Universal Declaration of Human Rights. To uphold these values, it is essential to establish clear guidelines and accountability measures regarding the use of force and firearms by law enforcement.
In the context of law enforcement accountability for using non-issued guns, several factors come into play. Firstly, it is important to recognize that the regulations regarding firearm usage by law enforcement officers are region-specific. For instance, in California, specific exemptions and prerequisites are in place for authorized peace officers to purchase and use non-roster handguns. These regulations outline the eligible entities, which include various law enforcement agencies, and establish restrictions on resale and eligibility criteria for sworn members.
To promote accountability, law enforcement agencies should implement comprehensive rules and regulations surrounding the use of force and firearms. This includes addressing ethical considerations and exploring alternatives to lethal force, such as non-lethal incapacitating weapons. Additionally, agencies should provide specialized training for their officers, emphasizing police ethics, human rights, and techniques for conflict resolution without resorting to force. This training should be regularly reviewed and updated to reflect any relevant incidents.
Furthermore, mechanisms for reporting and reviewing incidents involving the use of force and firearms are essential. Law enforcement agencies should establish effective reporting procedures and conduct thorough reviews of such incidents. This includes providing stress counselling for officers involved in situations where force and firearms are employed. By encouraging open communication and critical analysis, agencies can foster a culture of accountability and continuous improvement.
Ultimately, maintaining law enforcement accountability for the use of non-issued guns requires a multifaceted approach. It entails adhering to regulations, providing ethical training, offering stress counselling, and establishing robust reporting and review procedures. By prioritizing these measures, law enforcement agencies can better serve and protect the communities they are sworn to uphold.
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Training and stress counselling
Training is an essential aspect of law enforcement, and it extends beyond the initial qualification process. Continuous and thorough professional training is necessary to ensure that law enforcement officials remain proficient in the use of force and firearms. This includes special training for those who carry firearms, encompassing ethical considerations, human rights, and alternatives to the use of force.
In the context of non-issued guns, law enforcement officials should receive training specific to the type of firearm they are authorized to carry. This ensures they are proficient in its use and understand the associated risks and accountability.
Stress counselling and mental health awareness are integral components of law enforcement training. The nature of police work, which often involves exposure to traumatic incidents and critical situations, underscores the importance of providing officers with the tools to manage stress and maintain resilience.
Behavioural Health Training (BHT) is one such program offered by the FBI that addresses the knowledge, awareness, and resilience of officers. It includes critical incident stress management, peer support training, and tertiary prevention measures for officers with established psychological problems. The Shield of Resilience course is another example of a stress management program that covers topics like Post Traumatic Stress Disorder (PTSD), suicide, and healthy coping mechanisms.
Additionally, law enforcement agencies should provide stress counselling services for officers involved in situations where force and firearms are used. This can include crisis counselling and debriefings with mental health practitioners experienced in critical incident response.
While training programs are crucial, it is also important to recognize the limitations of short courses in comprehensively addressing complex mental health and stress-related issues. Therefore, law enforcement agencies should incorporate continued training on officer well-being and encourage self-initiative in seeking support when needed.
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Alternatives to use of force
In California, there are certain groups of public entities that may purchase non-roster handguns. These include the Department of Justice, police departments, and federal law enforcement agencies.
Alternatives to the Use of Force
Law enforcement officials are permitted to use force only when strictly necessary and to the extent required for the performance of their duty. When the use of force is unavoidable, officials must exercise restraint and act in proportion to the seriousness of the offence. They should minimise damage and injury and respect and preserve human life.
To limit the use of force, governments and law enforcement agencies should develop a broad range of means and equip officials with various types of weapons and ammunition that allow for a differentiated use of force. This includes the development of non-lethal incapacitating weapons for use in appropriate situations, such as tasers, rubber bullets, and bean bag rounds. Officials should also be equipped with self-defensive equipment such as shields, helmets, and bullet-proof vests to decrease the need to use weapons.
In the training of law enforcement officials, special attention should be given to alternatives to the use of force, including the peaceful settlement of conflicts, the understanding of crowd behaviour, and the methods of persuasion, negotiation, and mediation. Officials should also be trained to recognise that force may be used only in accordance with lawful and peaceful assemblies.
When force is used, law enforcement officials should ensure that assistance and medical aid are rendered to any injured or affected persons as soon as possible. They should also ensure that the relatives or close friends of the injured or affected person are notified promptly.
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Human rights and ethics
The use of firearms by law enforcement officials is a highly sensitive issue that has significant implications for human rights and ethical considerations. While law enforcement officials are entrusted with the responsibility of protecting the public's right to life, liberty, and security, they must also respect the human rights of individuals and use force only when strictly necessary.
From a human rights perspective, the use of firearms by law enforcement should be governed by international human rights standards, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. These frameworks guarantee individuals' rights to life, liberty, and security and set parameters for the use of force by law enforcement. According to the Code of Conduct for Law Enforcement Officials, law enforcement officials may use force only when it is strictly necessary and proportionate to the achievement of their duties. This principle underscores the importance of restraint and accountability in the use of firearms.
Ethically, the use of firearms by law enforcement raises complex questions about the balance between public safety and individual rights. Law enforcement agencies should adopt and implement rules and regulations that address the ethical dimensions of firearm use. This includes providing a range of weapons and ammunition that allow for a differentiated use of force, including non-lethal options, to minimise harm and protect human life. Additionally, ethical considerations extend to the control, storage, and issuing of firearms, with procedures in place to ensure accountability and transparency.
Training of law enforcement officials plays a pivotal role in upholding human rights and ethical standards. Training programmes should give special attention to police ethics and human rights, emphasising alternatives to the use of force, such as peaceful conflict resolution, understanding crowd behaviour, and methods of persuasion, negotiation, and mediation. Equipping law enforcement officials with these skills can help limit the use of force and firearms, thereby reducing potential violations of human rights. Furthermore, the availability of stress counselling for officials involved in situations where force and firearms are used is essential for addressing the psychological impacts and promoting ethical decision-making.
In conclusion, the use of firearms by law enforcement intersects with human rights and ethical considerations at every level. By adhering to international human rights standards, implementing robust regulations, providing differentiated weapons and training, and prioritising accountability and transparency, law enforcement agencies can strive to protect the rights and well-being of both the public and their officials.
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Frequently asked questions
In California, there are three groups of public entities that may purchase non-roster handguns. These include the Department of Justice, police departments, and federal law enforcement agencies. However, there are prerequisites for purchase, eligibility, and restrictions on resale that vary for each group.
In California, sworn members of these agencies must have satisfactorily completed the Peace Officer Standards Training (POST) basic course or the firearms portion of a training course prescribed by POST before January 1, 2021. They must also complete a live-fire qualification prescribed by their employer at least once every six months to be permitted to use non-roster handguns as service weapons.
Yes, in California, sworn members of Group 2 entities may only resell or transfer a non-roster handgun to sworn members of Group 1, Group 2, or Group 3 entities.
