Library: Policy

OKDHS:2-7-3. Possession and use of weapons

Revised 3-24-14

(a) Definitions. The following words and terms, when used in this Section, shall have the following meanings, unless the text clearly indicates otherwise:

(1) "Force" means any physical action that compels an action or overcomes resistance.
(2) "Deadly force" means any force capable of causing death or serious physical injury.
(3) "Less lethal force" means all force other than deadly force. Less lethal force may still result in serious physical injury but is not intended to cause death.
(4) "Serious physical injury" means injury creating substantial risk of death or causing serious disfigurement, serious impairment of health, or serious loss or impairment of function of a bodily organ.

(b) Firearms.

(1) Firearms are considered deadly force weapons.
(2) Firearms may be drawn and readied for use in situations where it is anticipated they may actually be required. However, firearms are not drawn unless their actual use in the situation would be warranted.
(3) Firearms are not discharged:

(A) as a warning, under any circumstances;
(B) from a moving vehicle or at a moving vehicle, except when the subject poses a threat of death or serious injury to the agent or others and when all other reasonable means of defense have failed;
(C) at a subject who is fleeing arrest, except when the individual poses a threat of death or serious physical injury to either the agent or others;
(D) when circumstances do not provide a high probability of striking the intended target; or
(E) when there is a substantial risk to the safety of innocent bystanders or other law enforcement officers.

(4) Firearms are secured as soon as practicable after determining the use of deadly force is no longer necessary.

(1) Batons are considered less lethal force weapons.
(2) Batons are not designed for use as clubs or bludgeons and are not raised above the head to strike a blow to a subject except when the individual poses a threat of death or serious physical injury to either the agent or others.
(3) Blows with an impact weapon are delivered only to the vulnerable areas of the body that may render the subject temporarily incapacitated.
(4) No batons or other impact weapons are thrown at anyone unless the possible resulting injury is authorized by policy.
(5) Blows with an impact weaponare used only when lesser methods have failed or their use is impractical.

(d) Chemical weapons.

(1) Chemical weapons are considered less lethal force weapons and are designed to result in temporary dysfunction without causing physical injury. Chemical weapons may be used to:

(A) repel human and animal attacks;
(B) temporarily incapacitate violently resisting subjects;
(C) temporarily incapacitate verbally resisting subjects when subjects also exhibit a combative posture or fighting stance;
(D) compel barricaded subjects to leave an enclosure; and
(E) disperse violent crowds or riots.

(2) Chemical weapons are not used on subjects who are:

(A) exhibiting only passive resistance to arrest or authority; or
(B) under physical restraint, unless the subject is still violently resisting and lesser methods of control have failed.

(3) When chemical weapons have been used on a subject, and that subject is no longer violently resisting arrest or authority, the agent assists the subject in flushing the chemicals from his or her eyes.

(e) Approved types of weapons.

(1) The inspector general of the Office of Inspector General (OIG) promulgates and distributes a list of approved firearms, batons, chemical weapons, and ammunition. The list is reviewed, as needed, to include newly approved types of weapons.
(2) Prior to being assigned for use, all weapons and ammunition are inspected and approved by a Council on Law Enforcement and Education (CLEET) certified firearms instructor.

(A) Weapons deemed unsafe for use are not issued for duty use.
(B) Weapons that have been repaired are inspected and tested by a CLEET certified firearms instructor and a certified armorer prior to approval for duty use.

(3) OIG keeps a record of all firearms, batons, and chemical weapons owned by the division and a record of the agent to whom each weapon is assigned. The record is maintained by a CLEET certified firearms instructor.
(4) Unassigned weapons are stored in a locked secure room. Firearms remain unloaded while stored.
(5) Agents are not permitted to carry any weapon not on the approved list without prior authorization from the inspector general.
(6) Agents are not permitted to carry any weapons, whether lethal or less lethal, for which they have not been qualified and certified by a CLEET certified firearms instructor.

(f) Training requirements.

(1) Agents authorized to carry lethal and less lethal weapons receive annual instruction in OIG use of force policy and are issued copies of the policy before authorized to carry any weapons.
(2) Before carrying any approved weapon, an agent must successfully complete a course that has been specifically designed to train the agent in the proper use of the weapon. Training on the course is conducted by a CLEET certified instructor.
(3) Agents must successfully complete an annual retraining course for each approved lethal weapon carried. Retraining is conducted by a CLEET certified instructor.
(4) Agents receive biennial instruction in less lethal weapons and weaponless control techniques. Training is conducted by a CLEET certified instructor.
(5) An agent who fails to successfully complete a required weapons course is provided an opportunity for remedial training. Remedial training includes a review of policy and one-on-one instruction with a CLEET certified instructor. The agent must successfully complete the required training course before returning to duty with the weapon. An agent, who fails to demonstrate proficiency with the primary duty weapon, after remedial training, is referred to his or her supervisor for possible disciplinary action.