103 CMR, § 924.07

Current through Register 1536, December 6, 2024
Section 924.07 - Firearms, Ammunition, and Chemical Agents (Required)

Written policy and procedure shall govern the use and storage of firearms, ammunition, and chemical agents, and shall include, but not be limited to, the following:

(1) The types of firearms, ammunition, and chemical agents authorized for use by the Sheriff/facility administrator or designee. Only those items authorized for use may be issued/carried and only with prior authorization by the Sheriff/facility administrator or designee.
(2)
(a) Firearms may be used only as a last resort (when all other means have failed or would be ineffective) and only in the following situation: - to prevent an act which is likely to create an imminent risk of death or serious bodily injury to an employee or another person; and
(b) Firearms may be used only with the prior authorization of the Sheriff/facility administrator or designee unless an emergency exists requiring the immediate use of a firearm to prevent death or serious bodily injury.
(3) Firearms, ammunition and chemical agents shall be subject to stringent safety regulations and monthly inspections and inventories.
(4) Each shall be stored in a secure but readily accessible depository outside of inmate housing and activity areas. There shall be an area for safe loading and unloading of firearms located outside the secure inner perimeter of the facility.
(5) Only employees authorized by the Sheriff/facility administrator and who have been properly trained and/or requalified during the past 12 months are issued firearms and ammunition;
(6) Chemical agents shall be issued only to employees authorized by the Sheriff/facility administrator and who have received documented training within the past 24 months in the use of chemical agents and in the treatment of individuals exposed to the chemical agents.
(7) Employees supervising inmates outside the facility perimeter follow proper procedure for security of weapons;
(8) Employees on duty at the facility only use firearms issued by the facility or authorized by the Sheriff and only when directed or authorized by the Sheriff/facility administrator or designee. If the Sheriff/facility administrator allows for an employee working at the facility to store a county-owned weapon at home, such authorization shall be documented in writing. Such home storage shall only be authorized if the employee working at the facility maintains a valid firearms license in the state where he/she resides.
(9) Logs are maintained on routine and emergency distribution of all firearms, ammunition, or chemical agents; and
(10) If a firearm or chemical agent is discharged in any instance, excluding training, the employee discharging the firearm or chemical agent must submit a full written report in accordance with Sheriff's Department policy and no later than the conclusion of duty, unless prevented by extraordinary circumstances such as injury.

103 CMR, § 924.07

Amended by Mass Register Issue 1264, eff. 7/4/2014.