Probation Department Policy/Procedure Manual

Firearm Possession and On-Duty Carry

Section VI - GENERAL OPERATIONS
Pages 4
Effective Date 7/16/2021 12:00 AM
Previous Effective Date 1/17/2020 12:00 AM

I. Authority

This policy is issued under authority granted to the Chief Probation Officer.

II. Purpose

California law allows sworn officers of the Probation Department to carry firearms with the authorization of the Chief Probation Officer. The purpose of this policy is to clearly establish the requirements for an officer to carry a firearm.  

III. Applicability

This policy applies to all peace officers employed by the San Luis Obispo County Probation Department.  

IV. Background

V. General Policy

  1.  Officers who have been authorized to carry a firearm shall be armed at all times when on duty and bring all department firearms and related equipment to their assigned workplace unless otherwise approved by their supervisor or Chief Deputy.  
  2. Armed on duty begins at the start of an officer’s work hours and is defined as having a department firearm carried on your person:
  3.  Department firearms will be carried with a magazine loaded to capacity and a round in the chamber when on duty.  
  4. Firearms will be carried in holsters issued by the Department.
  5.  Probation Officers assigned to the Sheriff’s Gang Task Force and Narcotics Unit are authorized to deviate from the on-duty carrying requirements as needed for surveillance, undercover operations, and other duties related to their assignment.
  6. Any officer authorized to carry a firearm is prohibited from consuming or being under the influence of any alcoholic beverage, marijuana or any controlled substance while on duty, including any meal period and any break periods. 
  7. It is the responsibility of the officer to inform his/her supervisor of any physical, mental, or emotional impairment that they may be suffering or prescribed medication that may cause physical, mental, or emotional impairment.   
  8.  All officers authorized to be armed will maintain the Department training requirements for armed officers and show proficiency to carry a firearm.
  9.  Officers are responsible for maintaining a clean firearm, free of debris and in fully functional condition at all times.
  10. When carrying a concealed firearm and conducting probation field activities, the officer is required to:
    1.  Conceal the firearm in a department issued holster. 
    2.  Inside the waistband holsters are not authorized.
    3.  Carry O.C. spray in a concealed manner.
    4. Carry handcuffs in a concealed manner.
    5. Must have immediate access to a radio when in the field.  A cell phone may be substituted for a radio in “non-contact” field duties such as scheduled court appearances.
    6.  Wear on his or her belt adjacent to the holstered firearm (or on his/her person when carrying a back-up firearm as described in section X.H), a Probation Department issued badge. Officers will also carry a Probation Department identification card at all times while on duty.  
    7. Officers are encouraged to wear body armor at all times while armed in normal field situations.  
  11.  When carrying an exposed firearm while conducting probation field activities, the officer is required to:
    1.  Have a department issued weapon light attached to their firearm in fully functional condition 
    2. Carry at least two additional 17 round magazines
    3. Wear body armor; and
    4. Carry O.C. spray; and
    5. Carry handcuffs; and
    6.  Carry a baton; and
    7. Carry a Taser in an issued holster; and
    8. Carry a Combat Application Tourniquet with access to a trauma medical kit; and
    9. Carry a radio in the field; and
    10.  A Probation Department issued badge to be worn in one of the following ways on his or her belt: adjacent to the holstered firearm; or attached to the upper left side of a tactical-style vest. Officers will also carry Probation Department identification at all times while on duty; and
    11.  Concealable or inside the waist holsters and belts are not to be used while conducting probation field activities with an exposed firearm. 
  12.  When carrying an exposed firearm in non-field activities, the officer is required to:
    1.  Wear a Probation Department issued badge that is visible; and
    2.  Inside the waist holsters are not authorized.
  13.  When carrying a concealed firearm in non-field activities, the officer is required to:
    1.  Carry a Department issued badge and identification.
    2.  Inside the waist holsters are authorized.
  14.  When carrying a firearm in Court, (under ordinary circumstances), the officer is required to:
    1.  Wear a Department issued badge; and
    2. Conceal the firearm with appropriate Court attire.
    3. Inside the waist holsters are authorized as long as it remains concealed.
  15.  When carrying a firearm on commercial flights for extraditions, the officer is required to:
    1.  Carry Department identification and badge
    2.  Conceal the firearm.  
    3. Inside the waist holsters are authorized with:
      1.  A department approved holster, or
      2.  A holster purchased by the officer, only used with prior approval from the Senior Range Master.

V. BACK-UP FIREARMS:

  1.  A Department issued back-up firearm as a secondary weapon is optional and can be carried only by officers authorized to carry a firearm.
  2. Qualification with the back-up firearm will be conducted quarterly.
  3. Back-up firearms may be carried by the officer in non-field activities or on extradition assignments in lieu of the primary firearm.

VI. RESTRICTIONS ON CARRYING FIREARMS:

Officers who have been authorized to carry a firearm on duty may be prohibited from carrying or using firearms under the following conditions:

  1.  While in a condition resulting from the use of alcohol, marijuana and/or medication where the probation officer’s motor skills, reflexes, vision, or judgment could potentially be adversely affected.   
  2. If, prior to duty, the officer has been injured or is in a physical condition likely to cause the inability to utilize a firearm properly, i.e., broken arm, eye injury causing impaired vision, being under the influence of drugs/alcohol, inability to effectively communicate, et cetera.  The arming status will be suspended pending clearance from a physician, and a re-evaluation of the officer’s arming status by the Chief Probation Officer.  
  3.  When ordered by the Chief Probation Officer or his/her designee not to carry a firearm. 
  4. When authorization to carry a firearm has been revoked or is no longer current.
  5. When the officer’s firearms range qualification is no longer current, or is in any other way invalid.
  6. Any officer who plans to be absent for 90 days or longer shall surrender his/her Department issued firearm to a range master for safekeeping until the officer returns to duty 
  7.  Any officer who requests a reissue of the firearm after being absent for a period of six (6) months or longer shall re-qualify on an approved range before any firearm shall be reissued.  The returning officer shall also receive and review all firearms training material provided to other officers during the absence.  
  8. The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft.  Officers flying armed must abide by all TSA requirements (49 CFR 1544.217).

VI. Exclusivity

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.