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MODEL FIREARMS POLICY FOR CALIFORNIA LAW ENFORCEMENT

NCJ Number
27211
Journal
Journal of California Law Enforcement Volume: 10 Issue: 1 Dated: (JULY 1975) Pages: 5-8
Author(s)
D BAKER
Date Published
1975
Length
4 pages
Annotation
THE DEVELOPMENT OF THE MODEL FIREARMS POLICY FOR CALIFORNIA LAW ENFORCEMENT ADOPTED IN 1975 BY THE CALIFORNIA PEACE OFFICERS' ASSOCIATION (CPOA) IS DESCRIBED.
Abstract
IN 1972, THE CALIFORNIA POLICE CHIEFS' ASSOCIATION (CPCA) BEGAN AN EVALUATION OF THE POLICIES OF POLICE AND SHERIFFS' DEPARTMENTS THROUGHOUT THE STATE WITH REGARD TO THE USE OF FIREARMS BY CALIFORNIA LAW ENFORCEMENT. ITS PURPOSE WAS TO DETERMINE HOW MOST CALIFORNIA AGENCIES GUIDE AND CONTROL THE ACTIONS OF THEIR PERSONNEL IN USING FIREARMS IN THE COURSE OF THEIR DUTIES, IN EARLY 1973, AN ARTICLE IN A UNIVERSITY LAW REVIEW REPORTED A WIDE DISCREPANCY IN THE GUN USE POLICIES OF THE VARIOUS DEPARTMENTS IN LOS ANGELES COUNTY. THE STORY TRIGGERED SOME INTEREST BY STATE LEGISLATORS, AND ONLY ASSURANCES THAT CALIFORNIA LAW ENFORCEMENT WAS ALREADY STUDYING THE PROBLEM PREVENTED THE INTRODUCTION OF LEGISLATIVE PROPOSALS. IT WAS POINTED OUT THAT SUCH LEGISLATION WOULD EXPOSE POLICE OFFICERS TO CRIMINAL PROSECUTION FOR DECISIONS AND JUDGMENTS MADE IN SITUATIONS INTO WHICH OFFICERS ARE THRUST BY THEIR JOB RESPONSIBILITIES. HOWEVER, MANY LAW ENFORCEMENT EXECUTIVES RECOGNIZED THAT CITIZENS DO HAVE A RIGHT TO KNOW WHAT TO EXPECT FROM THEIR LAW ENFORCEMENT OFFICERS WITH RESPECT TO THEIR USE OF DEADLY FORCE. THUS, THE CALIFORNIA POLICE CHIEFS JOINED WITH THE CPOA TO CONTINUE THE STUDY. WRITTEN STATEMENTS OF POLICY WERE OBTAINED FROM APPROXIMATELY 100 AGENCIES, AND THEY ARE EXAMINED FOR A COMMON THEME AND THOSE AREAS OF THE SUBJECT MATTER IN WHICH POLICY HAD ALREADY BEEN DEVELOPED. SUCH POINTS AS WARNING SHOTS, FLEEING FELONS, SHOOTING AT MOVING VEHICLES, AND WRITTEN REPORT OF DISCHARGE OF WEAPON WERE CONSIDERED. A MORE DETAILED SURVEY WAS THEN CONDUCTED BY THE COMMISSION OF PEACE OFFICER STANDARDS AND TRAINING, AND THE STATE ATTORNEY GENERAL'S OFFICE ALSO RESEARCHED THE ISSUE. A REPORT WAS PRESENTED TO THE JOINT EXECUTIVE BOARDS OF THE CPOA AND THE CPCA IN EARLY 1975, AND A PROPOSED STANDARD FIREARMS POLICY WAS ADOPTED BY THE TWO GROUPS. A COPY OF THE CPOA PROPOSED POLICY ON THE USE OF FIREARMS BY CALIFORNIA PEACE OFFICERS IS INCLUDED IN THE ARTICLE. (VDA)