DELAWARE COUNCIL ON POLICE TRAINING

Statutory Authority: 11 Delaware Code,Section §8404(a)(14) (11 Del.C. §8404(a)(14))

FINAL

ORDER

II-14 Minimum Standards for Firearms Qualifications

Summary of the Evidence and Information Submitted

The Chairman of the Council on Police Training approves the proposed regulation as published in the Delaware Register of Regulations on October 3, 2005. Notices of the proposed regulation were published in The News Journal and the Delaware State News on September 19 and 20, 2005, respectively, in the form attached hereto as Exhibits A and B. The notices invited written comments (none were received). The notices also invited the public to attend a hearing on October 11, 2005 to comment on the proposed regulation. No members of the public attended the hearing.

Findings of Facts

The Chairman finds that it is necessary to adopt the regulation to promote public safety.

Decision to Adopt the Regulation

For the foregoing reasons, the Chairman concludes that it is necessary to adopt the regulation. Therefore, pursuant to 11 Delaware Code §8404(a)(14), the regulation attached hereto as Exhibit C is hereby adopted.

Text and Citation

The text of the regulation amended hereby shall be in the form attached hereto as Exhibit C, and said regulation shall be cited in the Regulations of the Council on Police Training.

Effective Date of Order

The action referred to above was taken on October 18, 2005. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED, this 18th day of October, 2005.

Richard Carmean, Chairman

Council on Police Training

REVISIONS

II-14 Minimum Standards Firearm Qualification

Course Of Fire

50 Rounds/Daylight/Low-Light

Stage #1 3 Yard Line 2 Rounds Total: 2 Rounds

The officer is to stand at the designated line and on the command "Draw" his/her handgun with the strong hand. Bringing the weapon eye level. Two rounds are to be fired. This is done with the strong hand only - strong hand shooting exercise. The weapon is to be returned to the holster.

Stage #2 3 Yard Line 2 Rounds Total: 2 Rounds

The command "Back" will be given and the officer will step to the rear one step. Upon the command "Fire", he/she will fire two rounds into the target.

Stage #3 4 Yard Line 2 Rounds Total: 2 Rounds

Same as the previous stage.

Stage #4 5 Yard Line 2 Rounds Total: 8 Rounds

With this stage, the shooter begins with a holstered weapon. On the command of either "right" or "left" the shooter will move one step in the direction indicated, draw and bringing the weapon to eye level, fire two rounds. The weapon is to remain on target for the next three lateral commands.

Night Shoot - add four more rounds to this stage.

Stage #5 7 Yard Line 2 Rounds Total: 6 Rounds

Barricade, Kneeling, Strong-Side, and Strong-Hand Drill

The shooters will kneel approximately three feet behind a barricade. On the command "Draw" the weapon will be brought up to eye level. From the safety of the barricade, the sights will be aligned. On the command "Fire", the shooter will quickly observe the target, check the sight alignment, lean out, and fire two rounds. The shooter will then return to concealment/cover. This procedure will be repeated two more times for a total of six rounds fired. The barricade is not to be used as support.

Night Shoot - add two more rounds to this stage.

Stage #6 7 Yard Line 2 Rounds Total: 6 Rounds

Barricade, Kneeling, Off-Side, and Strong Hand Drill

The previous stage will be repeated from the off-side of the barricade.

Night Shoot - add two more rounds to this stage.

Stage #7 15 Yard Line 3 Rounds Total: 9 Rounds

The shooter begins this course of fire standing on the 15 yard line wit the weapon drawn. On the command "Move" the shooter begins to advance on the target. A slow, smooth step is suggested allowing the shooter to stay on target. On the command "Fire" he/she will stop and fire three rounds. The shooter will not begin moving again until the command "Move" is given. This will be repeated tow more times for a total of nine rounds fired. Any reloading or clearing of malfunctions can be preformed behind cover by simply stepping to the left and kneeling down.

Stage #8 25 Yard Line 9 Rounds Total: 9 Rounds

Standing Strong Side 3 Rounds

Kneeling Strong Side 3 Rounds

Standing Off-Side - Strong Hand 3 Rounds

The shooter will fire from the above positions. This is unsupported shooting. When the command "Fire" is given, the shooter will begin. Any and all reloading shall be done from behind the barricade as the weapon dictates.

Night Shoot - eliminate this stage.

Stage #9 4 Yard Line 6 Rounds Total: 6 Rounds

Off-Hand, One Handed Shooting, and Reloading Drill

The weapon should be loaded with three rounds with three additional rounds in another reloading device. The officer will draw his/her weapon and transfer it to the offhand. The strong-hand will be placed behind the back as if it were incapacitated. On the command "Fire" the shooter will fire three rounds. The weapon will then be emptied, reloaded, and fired three additional times. The weapon will then be unloaded. This is all done with use of only the off-hand. The weapon will then be transferred back to the strong-hand and re-holstered.

Night Shoot - add one more round to this stage.

This completes the Minimum Handgun Qualification Course of Fire.

Total Rounds Expended: 50 Approximate Time: 25 minutes

II-14 Minimum Standards for Firearms Qualifications

A. Handguns (Day)

A minimum of three qualification shoots per year, scheduled on at least two separate dates, with ninety days between qualification dates.

Of the three dates, there will be one mandatory “low light” qualification. Simulation of “low light” is permitted and the “low light” qualification may be combined with a day shoot.

All training ammunition shall be comparable to issued ammunition in performance.

Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification.

A minimum of 150 rounds of ammunition will be fired annually for proficiency training. This ammunition will not include the ammunition required for qualification courses.

A minimum score of 80% must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor.

All qualifications are to be completed with authorized weapon and equipment (holster, speedloaders, pouches, etc.).

Shooting will be conducted annually using the flashlight for target illumination and identification.

YARD LINE COURSE OF FIRE TOTAL ROUNDS

25/Greater Behind Cover 9

Two Different Positions

15 to 7 Advancing Towards Target 9

7 Centered Behind Barricade 12

5/Less Move Back 6

5/Less Lateral Movement 8

5/Less One Hand Reload 6

Strong/Weak Hand Only

TOTAL OF FIFTY ROUNDS

The instructor will determine at what distance, in what manner, and how many rounds will be fired on each command.

B. Low Light or Concealed Carry Standards Retiree Concealed Carry Standards for H.R. 218.

This regulation sets forth the minimum qualification standards for concealed weapon handguns for active duty police officers and for retired law enforcement officers who qualify under the Law Enforcement Officers Safety Act of 2004 (H.R. 218).

These are minimum standards and shall not prevent any police department from establishing more strict or additional rules or regulations to qualify to conceal carry a firearm on or off duty.

YARD LINE COURSE OF FIRE TOTAL ROUNDS

15 to 17 Advance Towards Target 9

7 Centered Kneeling Behind 16

Barricade

5/Less Lateral Movement 12

5/Less Move Back 6

5/Less One Hand Reload 7

Strong/Weak Hand Only

TOTAL OF FIFTY ROUNDS

The instructor will determine at what distance, in what manner, and how many rounds are fired on each command.

Active duty and retired law enforcement officers must qualify a minimum of once annually and obtain a minimum score of 80%.

If the weapon system or holster is different from duty use, the officer must qualify a minimum of once annually and obtain a minimum of 80% score.

C. Basic Patrol Long Gun

This basic patrol long gun course is not designed to replace training relevant to specific weapons such as sniping marksmanship and select fire weapons. It will be incumbent upon each police department to provide their respective officers with specific recognized training to have those officers certified.

Long guns include patrol level weapons designed to be fired from the shoulder (e.g., patrol rifle/carbines, shotguns).

Police departments using long guns will be required to qualify three times a year. A two-day course and one “low light” course simulation of “low light” is permitted. A minimum of ninety days is required between the two-day courses. The “low light” course may be combined as part of a one-day qualification course.

Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification.

All training ammunition shall be comparable to issued ammunition in performance.

Departments using long guns will fire a minimum of twenty rounds of ammunition for proficiency training per year. This ammunition will not include the ammunition required for qualification courses.

A minimum score of 80% must be obtained to be qualified. The method of scoring and what type of target used will be determined by the instructor.

All qualifications are to be completed with authorized weapons and ammunition.

Departments are required to qualify on each type of ammunition that is issued.

YARD LINE COURSE OF FIRE TOTAL ROUNDS

3/Greater Two Different Positions 10

Three Different Places

TOTAL OF TEN ROUNDS

The instructor will determine at what distance, in what manner, and how many rounds are fired on each command depending on the weapon and the capability of the ammunition.

II-15 FIREARMS INSTRUCTOR RETRAINING

Firearms instructors certified by the Council on Police Training shall receive approved updated instructors training no less than every three years.

The Chief of Police shall provide documentation of the required update training to the Administrator for inclusion in the instructor's training records.

No Firearms instructor shall be employed by any police agency for purposes of certifying personnel unless the instructor has been approved by the Council on Police Training.

II-15 Re-certification of Basic Firearms Instructors

An eight-hour firearms re-certification course will be held annually and will cover, but not be limited to: legal updates; use of force; and review of Council on Police Training standards.

To maintain certification, firearms instructors must attend a minimum of one re-certification course every three years and complete sixteen hours of additional training in firearms usage or complete sixteen hours of Academy-level instruction, or a combination of training and instruction in the same three-year period.

The head of the police department shall provide documentation of the required updated training to the COPT Administrator to include in the instructor’s training records.

No firearms instructor shall be employed by any police department for purposes of certifying firearms instructors unless the certifying instructor has been approved by the Council on Police Training.

9 DE Reg. 768 (11/01/05) (Final)