NCJ Number
46256
Date Published
1978
Length
180 pages
Annotation
THE NECESSITY OF THE USE OF THE .357 MAGNUM HANDGUN AND OF DEADLY FORCE BY NEW YORK STATE TROOPERS IS EXAMINED, AND THE STUDY'S FINDINGS AND RECOMMENDATIONS ARE REPORTED.
Abstract
THE NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES (DCJS) GATHERED INFORMATION FROM 374 LAW ENFORCEMENT AGENCIES IN THE STATE OF NEW YORK AND FROM 46 OTHER STATE LAW ENFORCEMENT AGENCIES THROUGHOUT THE NATION REGARDING THEIR STANDARDS FOR THE TYPE AND CALIBER OF HANDGUNS AND AMMUNITION USED BY THEIR OFFICERS; STANDARDS FOLLOWED IN TRAINING PROGRAMS RELATED TO THE USE OF DEADLY FORCE; REQUIRED MINIMUM TRAINING IN THE USE OF HANDGUNS; AND THE ADMINISTRATIVE CONTROLS USED TO INSURE COMPLIANCE WITH STANDARDS AND TRAINING REQUIREMENTS RELATED TO THE USE OF DEADLY FORCE AND HANDGUNS. DCJS DISTRIBUTED SURVEY QUESTIONNAIRES TO ALL POLICE AGENCIES IN THE STATE AND TO 49 OTHERS ACROSS THE NATION; INTERVIEWED SELECTED POLICE OFFICIALS THROUGHOUT THE STATE; ANALYZED MEDICAL REPORTS OF POLICE SHOOTING INCIDENTS IN NEW YORK; AND EVALUATED TEST RESULTS AND EXPERT OPINION REGARDING APPROPRIATE CRITERIA FOR USE IN SELECTING WEAPONS AND AMMUNITION. THE STATEWIDE SURVEY SHOWED THAT 67 DEPARTMENTS USED THE .357 MAGNUM EXCLUSIVELY AND ANOTHER 113 PERMITTED THEIR OFFICERS CHOICE OF THE TRADITIONAL .38 POLICE SPECIAL OR THE MAGNUM. THE STATE POLICE DECISION TO ADOPT THE MAGNUM AS THE OFFICIAL SERVICE SIDEARM WAS BASED ON THE FOLLOWING CONSIDERATIONS: A SIGNIFICANT NUMBER OF TROOPERS HAD LOST CONFIDENCE IN THE .38 CALIBER WEAPON; A LARGE NUMBER OF STATE POLICE AGENCIES THROUGHOUT THE COUNTRY HAD ALREADY ADOPTED THE MAGNUM; IT WAS ECONOMICALLY ADVANTAGEOUS TO MAKE THE TRANSITION FROM THE .38 TO THE MAGNUM; AND THE AGENCY NEEDED A WEAPON THAT PROVIDED A HIGHER VELOCITY PROJECTILE WITH GREATER PENETRATING POWER. THE RESEARCHERS CONCLUDE THAT IT WOULD BE INADVISABLE TO RECOMMEND THAT THE NEW YORK STATE POLICE ABANDON USE OF THE MAGNUM. HOWEVER, THEY DO RECOMMEND THAT: POLICE DEPARTMENTS IN THE STATE SPECIFY THE PARTICULAR CALIBER OF WEAPON AND AMMUNITION TO BE USED BY THEIR OFFICERS; SHOOTING FROM OR AT A MOVING VEHICLE BE PROHIBITED UNLESS THE OCCUPANTS OF THAT VEHICLE ARE USING DEADLY FORCE AGAINST OFFICERS; FIRING WARNING SHOTS TO INDUCE A FLEEING SUSPECT TO HALT BE PROHIBITED; SHOOTING AT ALLEGED FELONS FOR THE SOLE PURPOSE OF APPREHENDING THEM BE PROHIBITED; SHOOTING DURING BARRICADE CONFRONTATIONS BE RESTRICTED TO THOSE MOMENTS WHEN THE INTENDED TARGET IS CLEARLY VISIBLE; AND SHOOTING AT A SUBJECT WHO IS HOLDING AN INNOCENT PERSON HOSTAGE BE PROHIBITED WHEN FIRING WOULD ENDANGER THE HOSTAGE OR ANY OTHER INNOCENT PERSON. TABULAR DATA ARE PROVIDED, AND APPENDIXES DETAIL SURVEY METHODOLOGY AND STATEWIDE RESPONSES. (KBL)