Policy Text
POLICY
127.0ACCIDENTAL DISCHARGE OF FIREARM
REVISED: 11/2011 RELATED POLICIES:
A.POLICY
It is the policy of the El Portal Police Department that any accidental discharge of a
firearm by a Department Member be reported and investigated. Any Department
member involved in an accidental discharge of a firearm, which results in injury or death,
shall be relieved from duty until a preliminary administrative review is conducted.
B.DEFINITIONS
1.Accidental discharge: Any unexpected or unintentional expulsion of a projectile
from any firearm. Incidents occurring while hunting or target shooting, which do
not result in injury, are not included.
2.Department Member: Any Department Employee.
C.ACCIDENTAL DISCHARGE WITHIN THE VILLAGE OF EL PORTAL
In the event a Department Member accidentally discharges a firearm within the Village
of El Portal:
1.And the accidental discharge does not result in an injury;
a.The member accidentally discharging the firearm shall notify a supervisor
immediately after the occurrence and secure the scene for processing.
b.The supervisor shall respond to the scene and immediately notify the Chief
of Police or his/her designee. The supervisor shall determine whether a
Homicide Investigator will respond to the scene.
c.The supervisor will ensure that an offense report is completed.
d.The Chief of Police or his/her designee shall assign a detective to conduct a
complete and thorough investigation of the incident including statements
from any witnesses, photos of the scene and collection of any evidence.
e.A copy of the completed investigation and offense report shall be
forwarded via channels to the Chief of Police or his/her designee.
2.And the accidental discharge results in an injury:
a.The member shall immediately request the appropriate medical assistance.
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b.The member accidentally discharging a firearm shall immediately notify a
supervisor and secure the scene for processing.
c.The supervisor shall respond to the scene and immediately notify Chief of
Police or his/her designee.
d.Chief of Police or his/her designee shall notify the following personnel:
(1).City Legal Advisor
(2).PBA Representative or the member’s union affiliation
e.The supervisor will ensure that an offense report is completed and the
scene is secured for processing and maintained.
f.The Chief of Police or his/her designee shall respond and assign a detective
to investigate all accidental discharges resulting in injuries.
g.A copy of the completed investigation shall be forwarded via channels to
the Chief of Police or his/her designee.
h.All non-involved Department Members on the scene at the time of the
occurrence shall complete a supplement to the original offense report.
D.ACCIDENTAL DISCHARGE OUTSIDE THE VILLAGE OF EL PORTAL
In the event a Department Member accidentally discharges a firearm outside the Village
of El Portal:
1.The member shall request appropriate medical assistance, if necessary.
2.The member shall immediately contact the appropriate agency to investigate the
incident and secure the scene for processing.
3.The member accidentally discharging a firearm shall notify a supervisor as soon
as practical after the occurrence and shall provide the supervisor with the
investigating agency’s case number.
4.The supervisor shall determine whether it is necessary or practical to respond to
the scene and immediately notify the Chief of Police or his/her designee.
5.As soon as possible after the incident, the Chief of Police or his/her designee shall
assign a detective to conduct an investigation of the incident. The investigation
shall include a copy of the investigating agency’s report.
6.A copy of the completed investigation shall be forwarded via channels to the
Chief of Police or his/her designee for review.
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7.If the accidental discharge results in an injury or death:
When practical, the Chief of Police or his/her designee will respond to the scene
and he will coordinate an investigation with the local jurisdiction and shall assign
a detective to respond to the scene.
8.All non-involved Department Members on the scene at the time of occurrence
shall complete a supplement to the offense report.
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