Going Armed. Authorized to carry firearms in the line of duty
Charles C. Robey | Jan 31, 2012 | Comments 0
Anytime, a corporation serves the general public, by an ” open door” customer policy, the thought of employees or contacts “going armed” is subject to much discussion and debate. Especially, in the financial industry where the bank must deal every day with a combination of customer traffic and the exposure of large sums of inviting cash money.
This sample “Fire Arms” policy is intended for internal management use only. The contents, herein, should be construed as creating an informative educational atmosphere, to aid in the creation of a higher standard of employee and customer safety.
A. AUTHORIZATION
Employees, or outside contract personnel, who may be authorized to carry or posses firearms in the line of duty or in company-owned vehicles should be approved by a member of Senior Management.
1. Each person who believes his/her job content requires or makes beneficial the carrying of weapons should apply for authorization to do so using an Internal Pistol Permit form.(sample form available from author)
Persons not having security duties to whom a company vehicle is assigned and who wishes to have therein a firearm “for protection” should apply in writing to the designed member of Senior Management, for permission to do so.
3. No one should carry firearms with the intent of “going armed” or “for protection” on company business until he/she has met the above sections 1) or 2) and has received authorization or permission.
B. RESPONSIBILITY OF OBTAINING FIREARMS PERMITS
1. It should be the exclusive responsibility of each individual to obtain his/her permit to carry a firearm.
2. The permit fee should be paid by the company only for armed company guards and full time security personnel. All others should be required to pay the permit fee personally.
3. Permit renewals should be an individual responsibility.
C. TRAINING
Persons should be authorized to carry firearms in execution of duties, only after determination by Senior Management that they are trained in the use of firearms, have received instructions and have agreed with the company fire arms policy on use of firearms or other deadly force.
1.An off duty police officer should be considered trained if he/she meets the requirements of the police department by which he/she is regularly employed.
2.Contract guards should submit a documented outline of firearms training given to the employees. Upon approval of the program and certification by the contract guard services, the guard shall be considered trained.
3. The qualification of all others, including guards provided by a contractor not having an approved program, should only be approved by the company security officer. Consideration should be given to:
a. Years of experience as a guard.
b. Police experience.
c. Military experience.
d. Other training.
4. If a person is determined to be unqualified, attempts may be made to obtain training at one of the several police academies or any other qualified training program.
D. FIREARMS IN LINE OF DUTY
Only those individuals, authorized to do so, may carry firearms or other weapons, with the intent of “going armed” while on company facilities, in company owned vehicles, or while on company business.These persons are, but not limited to:
- Uniform guards; contract employees or off duty police.
- Corporate Investigators, Corporate Security Officers, or the Corporate Security Manager who has no other duties.
- Other personnel with Security Duties; These individuals may possess firearms on premises, in vehicles or on business but shall not carry firearms except while specifically engaged in acts a prudent person would interpret as requiring weapons.
E. METHOD OF CARRING FIREARMS
Persons authorized to carry weapons, while on company premises or while engaged in company business should fall under one of three categories.
1. Uniform Guards- These personnel should carry such weapons, as approved by the corporation, openly in a “service type” holster.
2. Full time plain clothes security personnel- These personnel should carry firearms and other weapons concealed on the person as provided and authorized under state law. Weapons and holsters should be of a size and type that do not make the weapon obvious.
3. Other personal with security duties- These personnel should carry only when engaged in those few duties a prudent person would interpret as requiring weapons, but may possess firearms on company business. Such weapons may be kept in a desk, a briefcase or in a vehicle and should be stored in such a way that they are secure against accidental discharge, falling into possession of an unauthorized person, or being offensive to persons(customers or other employees), etc.) with whom the employee has contact in non-security duties. When the employee does “carry” firearms , the firearm should be carried as prescribed for full-time plain clothes security personnel.
F. USE OF DEADLY FORCE
A firearm should never be drawn unless there is strong probability that it will become necessary to fire a shot or shots. Under no circumstances should a warning shot be used.
The use of deadly force, including firearms, should be justified only when all of the following conditions are present.
- Defend against deadly physical force directed against the employee or other employees, customers or others on corporate property.
- Apprehend an individual known to have committed a deadly felony, in the presence of the employee.
- When all other reasonable alternatives have been exhausted.
- It does not threaten other employees, customers or by-standers.
(Please note: The company Legal Department should always be involved with this “Use of Deadly Force “section of the company “Fire Arms” policy. Employees, and customers should always take the route of least resistances, in an emergency situation. In other words, if there is a viable safe route of escape, always take it.)
G. CASUL POSSESSION OF FIRARMS
Causal possession of sporting firearms should not be prohibited, but they should be unloaded and enclosed in a suitable container while on premises. This exclusion is intended only to facilitate such actives as hunting, target practice or transportation for repair.
H. FIREARMS IN CORPORATE OWNED VEHICLES
An employee should not have a firearm in a corporate-owned vehicle for “self protection” unless the possession is approved by corporate management. However, this section should not be considered to prohibit a personal private decision of any right under the law. General, there is no employment related need for such possession and the corporation, having no control, should not assume, nor be legally responsible for any liability which may arise from the possession or use of such firearm.
I. OWNER SHIP OF WEAPONS
1-Employees authorized to carry firearms in execution of duties may use personally owned firearms meeting the criteria of the companies fire arms policy.
2- Handguns will not be purchased by the company except for an employee having full time security duties
J. WEAPON INSPECTIONS.
An authorized manager should hold inspections announced or unannounced, regarding the condition of the weapons and ammunition, as it applies to the company Fire Arms policy. Weapons not in optimum safe operating condition should not be allowed until the necessary corrections are made.
Author’s Note
This Firearms Policy is only to be used as a sample in formulating a corporate Firearms Policy. It is not to be construed as a legally written document or to be the legal authority of the author, as the author assumes no legal responsibility for its contents or any conclusions arrived due to the approval, enactment or enforcement of the contents herein. The author suggests that the policy, or any part of the policy, be approved by the corporate legal authority, before being enacted as company policy.
Filed Under: Workplace Safety
About the Author: Charles (Chuck) Robey’s 40 plus years of professional diversified service includes such management areas as: Deputy Sheriff, Deputy Coroner-Medical Examiner, Bank Security/Auditing, Brinks Armored Transportation, and American Kennel Club Field Inspection. Mr. Robey has published numerous articles, addressing his areas of expertise and is available, to assist in any form of Security Seminars or Training. He may be reached at ccrobey@charter.net