What Weapons Can Dea Agents Carry

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SUBJECT: USE or PEXDLV FORCE AKD OFriCTXL SOVERKMEKT VEHICLES

A. This notice »nfl procedures for Sections 6122.23 end

B. These changes will be indoi^or/t/d/i^to the next revision ef Chapter 61 of the Agfetfts Manufe^^

6122.13 USE or DEADLY Force shoot any person except in self-defense, felieve they or another p^rsfch jrev odily harm.*

ots is expressly prohib uspecis except *when th it poses a significant t serious physical injury to self or others.*

C. Shooting at a moving vehicle! tires, etc., with the intent ef rendering it incapable of being operated poses a formidable danger to innocent parties end is prohibited. *This does not preclude firing at suspe£t& injj rfa^the vehicle when there is probable cause to believe ffhe/y^ftfteQ£ EPfes • significant threat of death or serious Jpii££icBy yvfurj to/sflf er others;* but the hazard of an uncontyo)^3e/moving/v^h/c#ie ®ust be teken Into consideration.

Z>. Firearms will not be usedTCIntiftTBate er coerce suspects er defendants who ere not threatening an egent er another person. Agents will not brandish or unnecessarily display *fireanns* in public areas. This does not preclude drawing a firearm In a situation «that* is threatening or potentially „threatening. Agents will always use sound judgment In displaying firearms.

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A. Authorization. ' Personal business cards are authorized only for use in business, professional, and law enforcement contacts. They may not be furnished to informants, defendants, or suspects. Personal business cards are authorized for:

1. Headquarters Agents occupying a position of Section Chief or higher within the organizational structure.

2. Field personnel occupying a position of Assistant Special Agent in Charge (ASAC), Special Agent in Charge (SAC),' Resident Agent in Charge (RAC), or Group Supervisor.

3. Any Agent, with the approval of the SAC or Headquarters Office Head.

4. All foreign-based DEA Agent6.

B. Design. Have the card printed in black ink on white card stock, containing the following data: the name of the individual, position title, "United States Department of Justice," "Drug Enforcement Administration," the office address and the office . telephone number. The DEA seal may be used.

C. Cost. Expenses Incurred in printing business cards are not reimbursable and must be borne by the individual.

* *6121 . 3 AGENTS MANUAL. The Agents Manual is an -accountable, DEA Sens 1tive document that shall be issued and handled in accordance with provisions of Subchapter 866 of the Planning and Inspection Manual. Public disclosure of its contents is not authorized, and care must be taken to ensure that it is accessed only by persons with the appropriate status, position and need to know.

A. Issuance. All DEA Special Agents and State and local officers assigned to DEA program funded or provisional task forces will be issued an Agents Manual and shall be responsible for conformance with the policies and procedures set forth therein. SACs, Country Attaches and Headquarters Office Heads may, at their carefully considered discretion, issue Agents Manual to:

1. DEA employees whose positions and functions require knowledge of the manual or portions thereof.

2. Cross designated U.S. Customs, Border Patrol or other Federal Agents detailed to DEA offices and working under DEA supervision.

3. FBI Special Agents detailed to DEA offices and working under DEA supervision.

4. DEA deputized State and local officers working case specific assignments under DEA supervision.

5. State and local officers assigned to DEA offices under the Intergovermental Personnel Act (IPA).

Issuing officials will obtain a signed receipt for each manual issued. Old manuals will be returned upon issuance of new editions, and manuals will be returned upon completion of assignment with DEA.**

6122 FIREARMS POLICY

6122.1 GENERAL

6122.11 Statutory Authority to Carry Firearms. 21 USC 878 Authorizes DEA Special Agents to carry firearms•

6122.12 Carrying Firearms. *Agents will carry their weapons on their person holstered arid with an adequate supply of ammunition. Deviations must have SAC approval.*

**B. Non-Agent DEA Employees. Except for officers or employees of the Drug Enforcement Administration authorized by the Administrator pursuant to 21 USC 878 and 28 CFR 0.100 to carry firearms, no DEA employee may carry or possess any firearm on DEA-contolled premises or carry or possess any firearm while in the performance of his/her official duties. (See Standards of Conduct, Section 2735 in the Personnel Manual.)**

6122.13 Use of Deadly Force

A. Agents *or Task Force Officers* are not to shoot any.person except in self-defense, when they reasonably believe they or another person are in danger of death or grievous - bodily harm.

B. Firing warning shots is expressly prohibited. Agents will not fire at fleeing suspects or subjects except when the circumstances of self-defense exist, i.e., fear of death or grievous bodily harm exists.

C. Shooting at a moving vehicle, tires, etc., with the intent of rendering it Incapable of being operated poses a formidable danger to innocent parties and is prohibited except in extreme circumstances. However, this does not preclude firing at persons Inside the vehicle when justified; but the hazard of an uncontrollable moving vehicle must be taken into consideration.

D. Firearms will not be used to intimidate or coerce suspects or defendents who are not threatening an Agent or another person. Agents will not brandish or unnecessarily display a firearm in public areas. This does not preclude drawing a firearm in a situation which is threatening or potentially threatening. Agents will always use sound judgment in displaying firearms.

6122.A FIREARMS TRAINING AND QUALIFICATION

A. Qualifications. All Agents will attend firearms training quarterly and will formally qualify semi-annually with their DEA-issued firearm *and/or* any personally-owned firearm they seek authorization to carry. Agents will also fire familiarization courses with other DEA-authorized shoulder weapons and must qualify with these weapons before specific authorization is granted to carry these special purpose shoulder weapons

6122.A

operationally. Agents with authorization to use submachine guns must qualify every 60-days, **if the weapon is unblocked and every 90-days if the weapon is blocked.**

Agents assigned to Headquarters *staff positions will be required to qualify semi-annually.*

B. Firearms Training and Specialty Courses of Fire. Firearms training will be conducted on a quarterly basis. Specialty" Courses, to include stress, decision, reduced light and night firing will be fired during these training periods. Instructions regarding this training and the speciality courses to be fired " will be published in an Annual Firearms Training Directive prepared and distributed by the FTU.

C. During all training sessions, the Division Firearms Officers and their Assistants will exercise functional supervision ,*over the range, all participants and personally inspect all weapons for safety and authorized use prior to firing.

D. An Agent's certification of qualification and authorization to carry an authorized DEA or personally-owned firearm will' be documented on DEA-279. Division Firearms Officers are responsible for the maintenance and update of DEA-279 for each authorized weapon with which the Agent is qualified.

E. Failure to Qualify. An Agent will not carry a firearm with which he/she has failed to qualify. Failure to qualify will -be noted on the DEA-279 and immediately reported to the SAC, :RAC and Headquarters Office Head by the respective Division's Primary Firearms Officer.

The SAC, RAC and Headquarters Office Head will suspend an Agen.t.'s authorization to carry that weapon with which he/she has failed to qualify until such time as remedial assistance by the Division* Firearms Officer is provided and a passing qualification score is achieved.

An Agent failing to qualify with his/her issued firearm.will be placed on limited duty until remedial training results In achievement of a passing qualification score.

An Agent failing to attend three consecutive quarterly firearms training sessions will be placed on limited duty by the SAC until firearms training and qualification is completed. SAC's may establish more stringent policy in this regard if they deem appropriate.

F. Reporting Requirements. Each SAC will notify the Firearms Training Unit by memorandum, the results of the quarterly training/qualification sessions within ten (10) calendar days following each session. The following information is required:*

1. Dates of training

2. **Type of session - qualification, training**

3. Ranges used

4. Name of instructors

5. Names of Agents who have missed firearms training and make-up sessions

6. Specific reasons why training was missed

7.- Names of Agents falling to qualify

8. Effective date of limited duty for Agents failing to attend training sessions or qualify or SAC's personal explanation as to why such action was not taken.

6122.5 SHOOTING

6122.51 Reporting Shootings

A. The following instructions apply

A. The following instructions apply

B. Any such incident will be immediately reported through the chain of command to the SAC or equivalent management official. If circumstances warrant, local authorities should also be notified.

C. The SAC will, in turn, immediately notify by telephone Headquarters Office of ^Inspections (PI)* and the appropriate drug section. The Headquarters Communications Center will be used as a conduit for this purpose if the incident occurs during non-business hours. Within 24-hours of the incident (or by the next workday), the SAC will submit a teletype to *PI*, PR, Firearms Training Unit/*TR*, the appropriate drug section, **and the Board of Professional Conduct (BC)**, subject: "DISCHARGE'OF

FIREARM" or "ASSAULT ON _." The teletype will contain the following information :**

1. Synopsis of incident (including case number and G-DEP classification, if applicable).

2. Date, time, and place of incident.

3. Identity of individuals involved and/or witnessing the incident.

4. Type of firearm and number of rounds fired (if an assault, its nature, e.g., bomb, firearm, etc.).

5. Identity of injured parties, if any, and nature and severity of their injuries.

6. Property damage, if any.

D. Every such incident will require an Investigation and report. Depending upon the circumstances, *PI* may conduct an investigation of the incident, or direct the SAC to conduct an investigation, monitored by *PI*. **Any decision by the Office of Training (TR) to separately investigate the incident for possible Impact on training programs must be coordinated with PI.**

E. FTU/TR will provide each Division and Country Firearms Officer with *DEA-4!¿5* (Report of Shooting Incident) to be completed and submitted within 10 days of the shooting incident to FTU/TR.

OEA SENSITIVE Thlt manual li tha property of the Drug Enforcement Admlnlttratlon. Neither It nor Iti contenti may be dluemlnated outtlde the agency to which loaned.

6122.52

F. **After a field Division advises PI of a shooting, an Investigative PI case number will be issued, and that caise number will be reflected on all reports. If the Investigation is conducted by the field, within 10 working days the SAC will -forward a complete shooting incident investigation report (original and two copies) including Interviews and statements of participants and witnesses, diagrams, photographs and a cop'y of the Agent's current DEA-279 to PI. PI will review the.package for completeness and then send one copy to the Office of Training (TR) and one copy to the Board of Professional Conduct (BC). TR will review and evaluate the material as a future instructional resource. BC will review the package for evidence of possible misconduct.**

6122.52 Post Shooting Requirements. *SACs and Country Attaches are to personally assure that when Agents are involved in shooting Incidents, the incidents are handled in a proper and expeditious manner, and that:

1. Affected personnel receive Immediate medical assistance if necessary.

2. Appropriate supervisors are on the scene or have'been dispatched.* . _

3.- The Division Trauma Team Hember(s) (TTM's) are dispatched immediately to the scene of the incident.

a. TTM;s have been trained to survey the scene and assess the number of victims.

b. TTM's maintain employee profiles on all Division employees which include their 6tated preference as to who they wish to notify, their spouse, parents and/or significant others. Employee's wishes must be respected. If the Agent's condition permits, encouragement is provided to have the Agent contact.the family directly.

c. In instances when the Agent is injured, the TTM will follow procedures established for injured Agents. The TTM maintains a list of shock trauma units and other emergency medical resources in the geographic area of his Division.

4. Involved Agents are removed from the shooting -scene as soon as possible.

5. Any statements required to be made by an Agent Involved in a shooting will be in the presence of a DEA supervisor or higher DEA authority and only after the Agent has been afforded reasonable time to regain composure and is capable of understanding his or her rights.

6. **Involved Agents surrender weapons, if necessary, only to the on-scene DEA supervisor or other DEA management official. Only SACs may authorize the transfer of weapons to State or local authorities for evidence or ballistics tests.

7. Names of involved Agents are not released to news media per sonnel.

8. The shooting scene is secured; weapons of affected personnel collected, if necessary; evidence is properly preserved; and news media personnel do not interfere with the scene or with involved Agents.

9. Agents are assigned to accompany any injured suspect to record statements, admissions and declarations voluntariy made and to ensure security of injured suspect/defendant pending transfer of custody to USMS or state/local authorities.

10. Appropriate supervisor, ASAC or SAC discusses legal ramifications for affected Special Agents with the Deputy Chief Counsel.

11. Affected Agents are to be seen by the area clinician within 48 hours of the incident as is required by agency policy in Personnel Manual Subsection 2792.4**

12. The EAP Program Manager will be contacted immediately and briefed on the incidence to ensure appropriate assistance, is provided to the Agent and the Agent's family in a timely manner, and to provide clinical direction to the area clinician and guidance to the TTM.

13. **Affected personnel and their families are made aware of their entitlements, i.e., life and health insurance benefits, Workman's Compensation benefits, recovery of personal property, etc.

14. Security, if necessary, is provided for affected personnel and their families.

15. Appropriate and timely briefings are held for prosecutive, media and office personnel.**

*6122.53 Remedial Training for Accidental Weapon Discharge

A. To further enhance firearms handling, safety and proficiency, the following requirements apply whenever an accidental discharge of a firearm occurs by an employee of DEA, whether on or off duty.

1. SACs and Country Attaches should ensure the Office of Training is immediately notified whenever an employee is involved in a accidental shooting incident. The Office of Training will then arrange for remedial training to be conducted within the next 30 days at Quantico.

2. Normally SACs and Country Attaches will- place employees' involved in accidental discharge shooting incident on immediate limited duty. Such limited duty will continue until the employee has successfully completed the remedial training course. The maximum period of limited duty status of each occurrence is set at 30 days. SACs and Country Attaches have discretionary authority regarding placing the employee on limited duty and -may, °in . some cases, elect to continue the employee in a duty status. Such decisions will be transmitted to the Deputy Administrator after the fact for information purposes and to ensure that they are exceptions to normal procedures.

3. SACs and Country Attaches will ensure that the weapon utilized in the accidental discharge is immediately sent to the Firearms Training Unit at Quantico for inspection by a qualified gunsmith to ensure the weapon did not malfunction. Any decision not to forward the weapon to Quantico for inspection oust be approved by the Special Agent in Charge of Training.

4. At the discretion of the SAC of Training, after consultation with the Division SAC or Country Attache, remedial training may be conducted in the field by the Primary Firearms Instructor.

B. Any circumstances SACs or Country Attaches believe to be outside the ,scope of this policy should be discussed with the SAC of Training for concurrence prior to placing an employee on limited duty'.'*

6122.6 RESPONSIBILITIES

6122.61 DEA Firearms Training Unit. It is the policy of DEA that all Agent s are to be well trained and maintain a high level of proficiency in the use and safety of authorized firearms.

To ensure this level of proficiency and safety, Headquarters has established the Firearms Training Unit, Office of Training (Quantico). *The Firearms Training Unit is responsible f.or* the overall direction and coordination of all aspects of the DEA Firearms Program; monitoring DEA policy in firearms and related issues; and continually upgrading and improving training in firearms, tactics and safety as related to the duties of DÈA Agents. The FTU will:

A. Standardi-ze firearms training in domestic and foreign offices

B. Standardize weapons and ammunition used by DEA to ensure that DEA Agents are equipped to perform their enforcement duties

C. Establish policies and procedures for Division Firearms Officers-and monitor field and foreign office implementation of the Annual Firearms Training Directive and any other policy directives regarding firearms issues.

D. Provide minimum standards of qualification and training with all DEA-issued or authorized weapons.

E. Centralize firearms and ammunition inventory and *develop* inventory guidelines and procedures for the Division Firearms Officers to follow.

F. Research, test, and evaluate firearms, ammunition, and

*firearas* related equipment, and make recommendations regarding their use. **To ensure continuity of this program the FTU will be the sole DEA entity responsible for this function,**

G. Procure, assign, and distribute all firearms, ammunition, other equipment, and training aids to all domestic and foreign offices. - -■•."■

H. *Conduct firearms training and qualification for Headquarters staff and other members of the law enforcement community as require herein. Headquarters Primary Firearms Officer has been assigned to participate in this requirement.*

**I. Conduct all remedial firearms training for accidental discharges unless approved by SAC Training for field Division Remedial Training.

J. Certify and recertify all DEA Firearms Instructors.**

6122.62 SAC Responsibility. Division SACs and Country Attaches will ensure that firearms policy and training requirements as set forth herein end *outlined in* the Annual Firearms Training Directive from the Office of Training are adhered to by all Special Agents under their supervision.

6122.63 Division Firearms Officer

A. Each *field Division will have a designated Primary Firearms Officer (PFI) to assist the SAC in implementing DEA's Firearms Program. As set forth herein, and in accordance with the Annual Firearms Training Directive, the Primary Firearms Officer will:*

l; Act as an extension of the.Firearms Training Unit, Office '»

of Training, and conduct quarterly firearms training, *and semi-annually qualification sessions and weapons inpections for all assigned Agent personnel; and ensure compliance with the Annual Firearms Training Directive regarding the Firearms Program'.*

2. Conduct an annual physical inventory of *all stock issued and* personally-owned firearms authorized for use within their respective Divisions.

3. **Conduct an annual inspection and inventory of ballistic protective garments.

4. As required, advise the Firearms Training Unit through their SAC or Country Attache, of their annual requirements for firearms, ammunition, target materials and related equipment required for operational use and training.

5. Submit annual inventory and inspection reports for weapons and ballistic protective garments on July 1 of each year.

6. Prepare for SAC, Quarterly Firearms Training/Qualifi-cation Reports for submission to the Office of Training, TRDG by 10th calendar day following each session.**

7. Report any malfunction of firearms or ammunition to the Chief, Firearms Training Unit, Office of Training.

8. Advise Division SACs/Country Attaches of Agents .failing to attend quarterly training sessions or failing to qualify.

9. Conduct other training or perform other, firearms related duties at the direction of the SAC or request of the Office of Training, to include training in defensive tactics, arrest/raid planning and other enforcement techniques.

10. **Ensure that all purchases of firearms related equipment N

by field offices are approved by the Office of Training.** j

B. *Only those DEA firearms officers currently certified by the FTU will conduct training/qua1if1cation sessions.*

**C. DEA Firearms instructors must maintain an- enhanced level of proficiency in order to conduct effective field firearms training programs. The Office of Training will conduct Firearms Instructor Recertification Training on a continuing basis. The course of instruction will consist of 80 hours of training over a 2-week period. Divisional Primary Firearms Instructors must recertify at least once annually in order to remain current on training . techniques, tactical trends, firearms policy and firearms related equipment. Assistant Firearms Instructors must recertify at least once every 3-years. Firearms Instructors failing to recertify may be decertified by the Office of Training and prohibited from conducting firearms training. Firearms instructors assigned to overseas posts-of-duty are not required to recertify until return to CONUS.**

6122.64 Special Agent Responsibility

A. Special Agents are required to maintain a high level of proficiency in the use and safety of DEA-authorized firearms. It is the responsibility of each Agent to attend quarterly training sessions. All Agents are required to *qualify with their respective authorized weapon(s) semi-annually and achieve the

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