Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 01/01/202 5
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________ ________ __
304 - Shooting Policy
1
POLICY 304 SHOOTING POLICY
304.1 PURPOSE AND SCOPE
The purpose of the shooting policy is to establish procedures for the use and reporting of
incidents involving the discharge of firearms. This policy is for internal use only and does not
increase the department’s and/or an officer ’s civil or criminal liability in any way. Violations of this
policy can only form the basis for departmental administrative actions.
304.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.3.1, 1.3.2, 1.3.3, 1.3.6 , 4.1.2 , 4.1.3 ,
4.2.1
This section pertains to the following Standard Operating Procedures: N/A
304.1. 2 POLICY
It is the policy of this department to resort to the use of a firearm, when it reasonably appears to
be necessary, and generally:
a) An officer may use deadly force to protect himself/herself or others from what he/she
reasonably believe s would be an imminent threat of death or serious bodily injury (Penal
Code 243(f)(4) ).
b) An officer may use deadly force to apprehend a fleeing person for any felony that
threatened or resulted in death or serious bodily injury, if the officer reasonably believes
that the person will cause death or serious bodily injury to another unless immediately
apprehended. Under such circumstances, a verbal warning should precede the use of
deadly force where feasible.
An officer may not use deadly force against a person based on the danger that person
poses to themselves, if an objectively reasonable officer would believe the person does
not pose an imminent threat of death of serious bodily injury to the peace officer or to
another person.
c) To stop a dangerous animal:
1. Officers are authorized to use deadly force against an animal in circumstances where
the animal reasonably appears to pose an imminent threat to human safety and
alternative methods to neutralize the threat are not reasonably available or would
likely be ineffective.
2. In circumstances in which officers have sufficient advanced notice that a potentially
dangerous domestic animal (e.g. dog) may be encountered, such as in the serving of
a search warrant , officers should develop reasonable contingency plans for dealing
with the animal without the use of deadly force (e.g. fire extinguisher, OC Spray,
CATEGORY DATE ADOPTED LAST REVIEW
1 1/24/2011 01/01/202 5
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________ ________ __
304 - Shooting Policy
2
animal con trol officer). Nothing in this policy shall prohibit any officer from resorting to
deadly force to contro l a dangerous animal if circumstances reasonably dictate that a
contingency plan has failed or becomes impractical.
d) With th e approval of a supervisor, an officer may euthanize an animal that is so badly
injured that human compassion requires its removal from further suffering and where
other dispositions are impractical ( Penal Code § 597.1(e)). Injured animals (with the
exception of dogs and cats) may only be euthanized after a reasonable search to locate
the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found without
their owners shall be taken to an appropriate veterinarian for determination of whether
they should be treated or humanely destroyed.
e) For target practice at an approved range.
Where feasible, a warning should be given before an officer resorts to deadly force as outline d in
(a) and (b) above. A specific warning that deadly force will be used is not required by this policy;
only that a warning be given if feasible.
304.1. 3 WARNING SHOTS
Warning shots for any purpose are prohibited.
304.1. 4 MOVING VEHICLES
Shots fired at or from a moving vehicle may involve additional considerations including, but not
limited, to the following:
a) Unless it reasonably appears that it would endanger officers or the public, officers are
expected to move out of the path of any approaching vehicle.
b) This is not intended to restrict an officer’s right to use deadly force directed at the operator
of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon
against the officer or others .
c) When feasible, officers should take reasonable steps to move out of the path of an
approaching vehicle instead of discharging their firearm at the vehicle or any of its
occupants. An officer should only discharge a firearm at a moving vehicle or its occupants
when the officer reasonably believes there are no other reasonable means available to
avert the imminent threat (Government Code § 7286(b)).
304.1. 5 REPORT OF WEAPON DISCHARGE
Except during training or recreational use, any member who discharges a weapon accidentally or
intentionally, on or off -duty, shall make a verbal report to his/her supervisor as soon as
circumstances permit. If on -duty at the time of the incident , the member shall file a written report
with his/her Division Commander prior to the end of shift , and if off -duty, as directed by the
supervisor.