City of Rensselaer, NY Article III Force and Weapons Policies

[Adopted 12-19-1990 by L.L. No. 7-1990]

§ 43-20 Use of force.

In a complex urban society, officers are confronted daily with situations where control must be exercised to effect arrest and to protect the public safety. Control may be achieved through advice, warnings and persuasion or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless all other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted by New York State Penal Law Article 35 to use whatever force is reasonable and necessary to protect others and themselves from bodily harm. Officers should bear in mind that Article 35 of the Penal Law only authorizes use of physical force/deadly physical force, it does not command its use.

§ 43-21 Use of deadly physical force.

A. No set of guidelines for the use of firearms can possibly cover every situation that might arise, and every police officer is expected to respond to all such emergencies decisively, with the highest level of good judgment and professional competence.

B. Officers should have a thorough knowledge of Article 35 of the New York State Penal Law and should periodically review this body of law.

C. In applying the above provision of the New York State Penal Law, officers will be guided by the following procedures when considering the use of deadly physical force:

(1) A police officer is authorized to use firearms in the following circumstances if there is no other reasonable alternative available:

(a) To defend himself or another person from unlawful attack when he has reasonable cause or believes there is imminent danger of death or serious physical injury.

(b) To apprehend a person who is committing or has committed a crime in which deadly physical force has been used or threatened and when he has reasonable cause to believe that such person would cause death or serious bodily injury unless immediately apprehended.

(c) To kill a dangerous animal or an animal so badly injured that humanity requires that it be removed from further suffering. In the case of an injured animal, the permission of the owner should be obtained whenever possible. Great care should be taken to protect bystanders from a ricocheting bullet, and, if possible, the killing of an animal in the presence of children should be avoided.

(2) For authorized target practice or competition with weapons authorized by the Department.

(3) A police officer shall not use a firearm in the following circumstances:

(a) To fire warning shots in order to induce a fleeing subject to halt.

(b) To fire a weapon to effect an arrest, except as provided for in Subsection C(1)(a) and (b) of this policy statement.

(c) To fire at or from a moving vehicle, unless the occupants of the vehicle are using deadly physical force against the officer or another by means other than the vehicle itself.

(4) Avoidance of recklessness should be considered in any situation involving deadly physical force. Even a case where deadly physical force is both authorized by law and reasonable under the circumstances, the officer must consider the safety of innocent bystanders (e.g., firing in a crowded street). The fact that an officer is legally justified using deadly physical force does not constitute a license for reckless conduct by the police officer, and such officer may be held criminally and/or civilly liable.

(5) A police officer who injures any person through the discharge of his firearm will ensure that steps are taken to provide the injured person with necessary medical treatment.

(6) A police officer who discharges his firearm for any reason except for authorized target practice or competition shall, as soon as possible, submit to the Chief of Police a report in accordance with departmental procedures, which should include the following information:

(a) The names and addresses of any injured persons and witnesses.

(b) The extent and treatment of any injuries, the hospital where treated and/or the doctor who provided such treatment.

(c) The number of shots fired and the reasons and circumstances that required the use of firearms.

§ 43-22 Weapons policy.

A. Firearms.

(1) Any firearm carried as an on-duty or an off-duty weapon must be authorized by the Chief of Police in addition to being registered with the Department.

(2) Ammunition for on-duty and off-duty weapons will be designated by the Chief of Police.

(3) Carrying of off-duty weapons will be optional and left to the discretion of the individual.

(4) The acquisition of any handgun by Department personnel will require prior written permission from the Chief of Police, unless such acquisition is pursuant to a valid pistol permit.

B. Firearms qualifications. All departmental personnel must qualify semiannually with both on-duty and off-duty weapons. The course of qualification will be prescribed by the Chief of Police.