Criminals, domestic terrorists and international terrorists are increasingly attacking with rifles and body armor. Imagine a police officer fighting for your child’s life at the end of a 70-yard school corridor. If your police officer is armed with a pistol, fighting against someone with body armor and a rifle, then your officer will be completely outgunned and most likely will be killed. Not only is the police officer likely to die, but the children he or she is fighting to defend are also very likely to die, simply because someone refused to provide our police with the tools they require.
A criminal or terrorist’s rifle (even a 100 year old, .30-30 level-action rifle) will punch through a law enforcement officer’s soft body armor like it isn’t even there, while the police officer’s pistol bullets will be completely ineffectual against the attacker’s body armor.
Shotguns not up to the task
A number of agencies continue to employ the shotgun as the patrol long gun. Often loaded with buckshot, this combination cannot meet the needs of addressing a deadly force threat at the distances found in schools hallways and cafeterias or places of public gathering. There is profound legal liability associated with firing a shotgun blast of buckshot at an assailant in crowded classroom, mall, or theater. The spread of the buckshot pellets places those downrange, who are not intended targets, at great risk.
- When a police officer fires a blast of buckshot, can that officer guarantee or even account for the point of impact of each and every pellet go? No.
- Is the officer accountable for who is wounded or killed by the errant buckshot? Yes.
Beyond 15 yards, buckshot fired from the typical law enforcement shotgun creates a significant hazard to innocent persons. As a result, I believe that any police agency currently armed with such a weapon and ammunition is likely to be found “deliberately indifferent” (the US Supreme Court standard found in Canton v. Harris) to the constitutional rights of those wrongly injured or killed and legally liable. As an intermediate step, many departments are turning to shotgun slugs. LAPD has switched completely to slugs for their shotguns.
But the use of shotgun slugs presents a number of problems. First, there is a significant difference in accuracy and effective range when compared to the .223 rifle/carbine. Second, there is a very real over-penetration problem associated with shotgun slugs. The shotgun slug is a large mass of lead that has the ability to penetrate bodies and walls. Third, most shotgun training programs limit the use of slugs to twenty-five or less rounds for an entire year of training. The recoil is severe and many officers will not accept the shotgun or choose to train with it. The .223 rifle/carbine is not only accepted by officers but found to be easy to control with no complaint of recoil discomfort or pain. Hundreds of rounds are fired in training with resulting competency and acceptance by patrol officers.
- When a police officer fires that shotgun slug, can he account for what it will do after it has gone through a wall? No.
- Are you legally accountable for what that shotgun slug does after it goes through the third wall? Yes.
Patrol Rifles are Essential Lifesaving Equipment
The answer to effectively arming our first responding police officers, a solution which is being embraced by law enforcement agencies nationwide, is the adoption of the .223 rifle / carbine. (Such as the Mini-14, M-16, AR-15, and M-4.) The .223 (or 5.56mm, which is the military designation for this round) is a lightweight, .22-caliber bullet. With the proper bullet design, the .223 cartridge has less over - penetration potential than a 9mm pistol bullet; yet because of the high velocity of the .223, it will penetrate soft body armor. The .223 rifle / carbine is accurate to 300 yards, has very light recoil, and is readily accepted by our female and light framed officers. The .223 rifle / carbine is an ideal law enforcement tool that is an integral part of police equipment nation wide.
All political and law enforcement authorities are encouraged to look at their current policies, and ensure that they take all possible steps to provide their law enforcement officers with this vital, lifesaving tool.
Respectfully,
Dave Grossman
Lt. Col., US Army (ret.)
Director, Killology Research Group
—
LAW
Canton v. Harris 489 U.S. 378 (1989)
excerpt portion of Supreme Court decision:
Though we agree with the court below that a city can be liable under 1983 for inadequate training of its employees, we cannot agree that the District Court’s jury instructions on this issue were proper, for we conclude that the Court of Appeals provided an overly broad rule for when a municipality can be held liable under the “failure to train” theory. Unlike the question whether a municipality’s failure to train employees can ever be a basis for 1983 liability - on which the Courts of Appeals have all agreed, see n. 6, supra, - there is substantial division among the lower courts as to what degree of fault must be evidenced by the municipality’s inaction before liability will be permitted.7 We hold today that the inadequacy of police training may serve as the basis for 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.8 This rule is most consistent with our admonition [489 U.S. 378, 389] in Monell, 436 U.S., at 694, and Polk County v. Dodson, 454 U.S. 312, 326 (1981), that a municipality can be liable under 1983 only where its policies are the “moving force [behind] the constitutional violation.” Only where a municipality’s failure to train its employees in a relevant respect evidences a “deliberate indifference” to the rights of its inhabitants can such a shortcoming be properly thought of as a city “policy or custom” that is actionable under 1983. As JUSTICE BRENNAN’s opinion in Pembaur v. Cincinnati, 475 U.S. 469, 483-484 (1986) (plurality) put it: “[M]unicipal liability under 1983 attaches where - and only where - a deliberate choice to follow a course of action is made from among various alternatives” by city policymakers. See also Oklahoma City v. Tuttle, 471 U.S., at 823 (opinion of REHNQUIST, J.). Only where a failure to train reflects a “deliberate” or “conscious” choice by a municipality - a “policy” as defined by our prior cases - can a city be liable for such a failure under 1983. Monell’s rule that a city is not liable under 1983 unless a municipal policy causes a constitutional deprivation will not be satisfied by merely alleging that the existing training program for a class of employees, such as police officers, represents a policy for which the city is responsible.9 That much [489 U.S. 378, 390] may be true. The issue in a case like this one, however, is whether that training program is adequate; and if it is not, the question becomes whether such inadequate training can justifiably be said to represent “city policy.” It may seem contrary to common sense to assert that a municipality will actually have a policy of not taking reasonable steps to train its employees. But it may happen that in light of the duties assigned to specific officers or employees the need for more or different training is so obvious, and the inadequacy so likely to result in the violation of constitutional rights, that the policymakers of the city can reasonably be said to have been deliberately indifferent to the need.10 In that event, the failure to provide proper training may fairly be said to represent a policy for which the city is responsible, and for which the city may be held liable if it actually causes injury.11
Footnote 10] For example, city policymakers know to a moral certainty that their police officers will be required to arrest fleeing felons. The city has armed its officers with firearms, in part to allow them to accomplish this task. Thus, the need to train officers in the constitutional limitations on the use of deadly force, see Tennessee v. Garner, 471 U.S. 1 (1985), can be said to be “so obvious,” that failure to do so could properly be characterized as “deliberate indifference” to constitutional rights
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The additional big ones that come to mind right off the bat are obviously Va. Tech, Omaha, Salt lake City, & the school house in PA where the guy killed all those kids. Many more exist as you know. If I were you I would research a recent event in or around Cleveland where had there been a patrol rifle armed PO the incident may have been stopped. Don’t forget the other applications for the weapon i.e. felony stops, perimeter operations, slow & methodical building clearing (ergonomics v. shot gun), ect… Take a look at the slide in our PRI power point that outlines “why they didn’t allow us to have these weapons in the past” as it will prep you for the most common hang-ups.
Finally, use those slides we use in the PRI that outline “why a PO needs a patrol rifle”
- Ergonomics, amm
- Citizen & Officer safety (extended perimeters)
- unition capacity, Accuracy & Ballistics (show effective range charts & penetration charts)
- Liability reduction (proficiency - propensity for over penetration, ect..)
- Training (easy to learn & use, increased accuracy equates to increased confidence and even better performance with other weapons, ect..)
- Increasing threats to our citizens and officer by well armed criminals, terrorists, and the after math of natural destruction (i.e. new Orleans).
Pat - to me the number one thing every agency should have over and above respirators, interoperable communications and all the other high dollar home land security equipment is every officer should have a rifle. Everything else should come after that. One rifle armed patrol man can stop an active shooter at 200 yards, hold down a number of terrorists for a period of time at distance, conduct a warrant service in a cqb environment, and on and on….. Bottom line is money spent of rifles will be used on an everyday basis, not the if come of a terrorist act (like how they spend on chemical suits and radios). And when that does come, if it’s an active shooter scenario and subsequent truck bombing like so many suspect, what better equipment could you ask for than a rifle? If they succeed with a dirty bomb or chemical attack those in the affected area won’t be around to worry about it anyhow, even if they have respirators and interoperable radios, but the civil up unrest that will occur afterward will have to be dealt with by those on the fringes and a rifle will be one of the most important components in being successful in the short term until normalcy returns. I’m off my soap box….
Later and good luck Patrick!!
Jeff Felts
Center Mass, Inc.
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As I said to Eric,
This is a myth perpetuated by those who either do know or do not care to know. There is no increased “liability” for individually owned firearms that are approved, trained on, documented and treated no different than one that is issued. What liability might there be? I have asked others who somehow believed this and they have no answer. It is all about training, documentation, and common accepted practices. Selection of weapons… Should you allow .50 cal Desert Eagles…probably not in the city but that is your choice. You may work in the North Country where Brown Bears will eat you. One agency mandates Glock 21’s…not happening for small hands. If it must be…hold to same type but different frame size. Choices to be made for good reasons, not that old BS that we must all look alike. If NYPD can allow choices, so can any other agency. Size is not the determiner. For us city lads, the common police duty guns and calibers do fine.
What I know for certain is that individually owned gear gets treated better than dept. stuff and fits the officer as to hand and body size.
Stay safe.
Regards,
Jeff
Subj: Assistance request
Chief,
I would appreciate it if you could put this out to the list. Its an
argument that I’ve dealt with routinely.
In a perfect world, every department would be able to provide each officer
with all the firearms they may need and all the provided guns would
perfectly fit the individual officer.
It seems I often hear the excuse “too much liability” with regard to
officers carrying personally owned firearms on duty (pistol, rifle, shotgun,
backup guns). Those who have used that excuse to me have never been able to
define HOW exactly there is increased liability for either the department or
officer provided that:
- The officer is given permission to carry the firearm
- The officer is properly trained and qualified with the firearm
- The firearm meets department specifications and is properly and regularly maintained and inspected by qualified personnel. No unauthorized modifications.
- Only department approved duty ammo allowed.
Obviously the officer may or may not receive the firearm back after a
shooting, but I cannot see any other drawback to this.
Does anyone actually know of any court case at any level of the system that
determined that a department or officer was held liable simply because of
personal ownership of a firearm?
Thanks and stay safe.
SPO Eric
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From Pat Sweeney;
A Master of all things shootable.
Pat is one of our training cadre and was recentley appointed as handgun editor for G&A Magazine.
Good man indeed.
Stay safe.
Regards,
Jeff
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Subj: Re: Assistance Requested: LESO Program
Dear Bob,
The acquisition is, as far as I recall, painless but uncertain as to
delivery time. The cost is hard to beat. However, the rifles that you’ll
pull out of the box will be only partially-suited for patrol use.
The rifles will be long, and relatively unhandy in a car. The
options to make them handier can be reasonably cost-effective, or as
expensive as you want to make them.
At a minimum, even if you do not change the rifle configurations,
you’ll want to:
- Replace all extractor springs with new springs, black buffers and MGI D-Fenders. Cost: $20 per rifle.
- Scrub and inspect all bores, then shoot the rifles for group. Rarely, a rifle is sent that does not shoot well. Ammo cost, $10 per rifle, new barrels (if needed) can be $125 to $300.
- Invest in proper, reliable magazines. 20 or 30 round capacity is a choice much debated. Buy USGI. Roughly $10 per magazine, two per rifle minimum.
- Send at least one Officer through the NEMRT (or equivalent) Patrol rifle class, followed by the Instructors class. Rifles cannot prudently be issued without training. Once trained, your Officer can then conduct departmental training for the rest of your officers.
Modifications to make the rifles better-suited for patrol car use:
The 20″ barrel is long, but can be managed if the stocks are made
shorter. If you want a shorter barrel, the original barrel can be
shortened, re-threaded and the flash hider re-installed for less than
the cost of a new barrel. The original barrels will have a twist rate of
1-12″, and will be suited for bullets 60 grains or less in weight.
Replacement barrels can be in any twist offered, and can thus permit the
use of heavier bullets, up to the 77 grain Mk 262 Mod 1. Shortened barrels rarely require other changes. In our work, we have
encountered a single instance of a shortened barrel (from 20″ to 16.5″) requiring gas port alterations.
The stocks can be shortened by replacing the fixed stock with a sliding stock. The labor is a simple task for a trained Armorer (NEMRT
also has AR-15/M-16 armorers classes) and the parts costs varies again depending on the extras. At the base level, the parts cost can be only
$55, and up to $300.
A sling is a must, and simple works fine. A plain sling that is quite useful can be made for ;less than $10 in materials. For patrol
use, a two or three-point tactical sling can be too complicated, bulky and prone to tangling on vehicle equipment. The NEMRT class includes
sling instruction.
That covers it for now.
Regards,
Patrick