ORDER NO.30241
WEAPONS POLICY FOR RETIRED LAW ENFORCEMENT OFFICERS
Came to be heard this the 23rd day of April, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve enacting a weapons policy for retired Law Enforcement Officers.
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COMNIISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: W.R Hierholzer OFFICE: Kerr County Sheriff s Office
MEETING DATE: Aori123, 2007 TIME PREFERRED:
SUBJECT:
Consider, discuss and take appropriate action regazding approval to enact a weapons policy for retired Law
Enforcement Officers.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and
552, Government Code, is as follows:
"` Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at dte eazliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
April 23, 2007
TO: Kerr County Judge Pat Tinley and
Kerr County Commissioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Weapons Policy for Retired Law Enforcement Officers
Consider, discuss and take appropriate action regarding approval to enact
a weapons policy for retired Law Enforcement Officers.
A county law enforcement agency must obtain approval of the program
from the commissioners court of the county before issuing a certificate of
proficiency.
Kerr County Sheriffs Office
Policies and Procedures
Subject: Firearms Training &	Policy Number: 2.10
Proficiency Demonstration	
Issue Date:	Revision Date:
June 1, 2007	
Approval Authority
Title and Signature: Sheriff
PURPOSE
Officers will not carry any weapon in an official capacity, on- or off-duty, until the officer
and the weapon meet all the requirements of this order. However, nothing in this
directive shall be construed to prevent officers from using any weapon at their disposal
to protect themselves or third parties from death or serious bodily injury in a bona fide
emergency.
The Kerr County Sheriffs Office requires all deputies to undergo annual training
on the Kerr County Sheriff's Office Use of Force policy and procedures. All
deputies will demonstrate proficiency with approved on duty handguns at least
annually. All deputies shall demonstrate proficiency with rifles, shotguns and
backup/off duty handguns annually. No firearm will be approved until the officer
demonstrates proficiency with the Firearms Instructor.
""~ It is the purpose of this General Order to establish a training policy to ensure
deputy proficiency and safety with their firearms and to set limits on the type and
style of weapons permissible to be carried by deputies, both on and off duty.
The actual use of firearms by a deputy is covered in the Use of Force Policy.
CARRYING OF FIREARMS
A. All officers, shall register with the Kerr County Sheriffs Office Personnel Clerk
and qualify with no more than three departmentally approved handguns to be
carried on or off-duty.
B. Any personal rifles or shotguns, to be carried on duty, shall be registered after
approval of the Sheriff.
C. Handguns carried when not in uniform shall be carried in a way as not tc
alarm the public and if carried in plain view, the Deputy's badge must also be
displayed.
APPROVED DUTY FIREARMS
A. While acting in the capacity of a deputy sheriff, deputies shall carry a
handgun as their primary weapon. The Sheriff shall approve all firearms.
RESTRICTED LAW ENFORCEMENT DATA
This data is proprietary and wiq not be dupl'~cated, disclosed, or discpssed, without the wriiten permission of this agenq. Data
subject to this restriction is contained throughout this publication.
Page 1 of 7
Kerr County S.O. Policies and Procedures, 2.10 Firearms Training and Proficiency
Demonstration
BACKUP/OFF DUTY AMMUNITION
A. Ammunition selection will be left to the individual officer based on the
following standards:
1. Must be factory loaded. (No reloads);
2. Must be jacketed hollowpoints, jacketed softpoints, or soft lead (no
hardball).
FIREARMS QUALIFICATIONS
A. The Kerr County Sheriffs Office reserves the right to set the standard for
firearms qualifications. The standard shall meet or exceed the required
standards set by the Texas Commission on Law Enforcement Officer's
Standards and Education (TCLEOSE). Scoring on qualification courses
(whether daytime or nighttime) will be done on a pass/fail basis. No
numerical score will be recorded for qualification purposes.
B. Firearms instructing personnel are to keep accurate records of the
handguns used by each offrcer for qualification. These records will be
provided to the personnel clerk to be filed in the officer's personnel file.
These records will include:
„~ Date of qualification;
,Identification of officer,
Firearm manufacturer, model and serial number,
Results of qualifying (Pass or Fail).
C. The firearm instructor will also provide a copy of the qualification course of
fire to be filed by the personnel clerk to be kept on file pursuant to
TCLEOSE requirements.
D. 1. In-Service Training
a. Employees shall be scheduled for firearms training by the Sheriff or
Chief Deputy and the duty schedule will reflect the date and time of
training. Training is mandatory, with no exceptions other than a
doctor's excuse. The Sheriff may make special dispensations for any
handicap.
b. If the employee fails to train at the scheduled time and possesses a
valid excuse, the employee will be rescheduled for qualification one
time and one time only.
', RESTRICTED LAW ENFORCEMENT DATA
', Thfs data is proprietary and will not be duplicated, disclosed, or discussed, without the written permission of this agenq. Data
'. subjecl to this restriction is contained throughout this publkatfon.
Page 3 of 7
Kerr County S.O. Policies and Procedures, 2.10 Firearms Training and Proficiency
Demonstration
MODIFICATION OF HANDGUNS
Officers shall not, in any way, alter or modify the trigger, sights or any other part of a
weapon carried by the officer without first approval from the firearms instructor who
after his approval will submit the request to the Sheriff for final approval.
CLEANING AND MAINTENANCE OF WEAPONS
A Officers are responsible for inspecting their approved firearms for safety and
maintenance needs, and for ensuring that weapons are always clean, safe and
functional.
B. All firearms will be inspected for safety and maintenance needs by range
personnel during the training or qualification sessions, or on schedules established
by the range personnel.
C. Any supervisor is authorized to inspect any assigned officer's weapon(s) at
anytime the supervisor feels it is necessary.
FIREARMS EQUIPMENT
All firearms accessories including holsters, magazines, duty rigs, slings, etc., must
be approved by the Range Master prior to being utilized on the range or in an on-
duty capacity.
RETIRED PEACE OFFICER PROFICIENCY CERTIFICATION
The Kerr County Sheriffs Office will allow honorably retired peace officer or federal
criminal investigator under article and honorably retired federal criminal
investigators under article 2.122, CCP., an opportunity to demonstrate weapons
proficiency if the retired officer provides to the agency a sworn affidavit stating that;
1. The officer honorably retired after not less than a total of 15 years of
service as a commissioned officer with one or more state or local
agencies;
2. The officers license as a commissioned officer was not revoked or
suspended for any period during the officer's term of service as a
commissioned officer, and
3. The officer has no psychological or physical disability that would
interfere with the officers proper handling of a handgun.
PROCEDURE:
The retired officer must submit to the Firearms Instructor the sworn affidavit as
described above along with proof that the officer is currently receiving benefits on the
basis of service with the federal, state or local law enforcement agency prior to
ualifications.
RESTRICTED LAW ENFORCEMENT DATA
This data is proprietary and will not be duplicated, dfscbsed, a discussed, without the written permission of this agency. Data
subjed to this reshictlon is contained throughout this publiptlon.
Page 5 of 7
Kerr County S.O. Policies and Procedures, 2.10 Firearms Training and Proficiency
Demonstration
An officer retired from this agency will also be issued an identification card indicating
'°' that the officer is retired from service as a law enforcement officer, the individual has
been tested or otherwise found by the agency to meet the standards established by the
agency for training and qualification for active law enforcement officer to carry a firearm
of the same type as the concealed firearm.
An officer retired from any other agency, who resides in this state, will provide a
photographic identification issued from the agency from which the individual retired from
service as a law enforcement officer.
The Kerr County Sheriff Office will issue a photo ID to all honorably retired peace
officers of this agency. The ID card will provide certification for those retired officers who
satisfactorily demonstrate weapons proficiency and meet the requirements of this policy
to carry a handgun.
A certificate issued under this policy expires on the second anniversary of the date it
was issued. A retired officer desiring to continue authority to carry a handgun must
renew their certification by again demonstrating weapons proficiency and being issued a
new certificate.
Ail weapons shall be carried in a concealed manner so as to not alarm the public.
The Kerr County Commissioners Court may assess a fee for qualifying and issuing an
"° identification card to retired officers.
RESTRICTED LAW ENFORCEMENT DATA
TMs data is proprietary and will not be duplkated, dlsGosed, or discussed, without the written permission of this agency. Data
subject to this reshidion Is contained Mrouglaut this publiptbn.
Page 7 of 7
§ 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
OFFICERS AND FEDERAL CRIMINAL INVESTIGATORS. (a) This section
implies only to:
(1) a peace officer; and
(2) a federal criminal investigator designated as a
special investigator under Article 2.122, Code of Criminal
Procedure.
(b) The head of a state or local law enforcement agency may
allow an honorably retired peace officer an opportunity to
demonstrate weapons proficiency if the retired officer provides to
the agency a sworn affidavit stating that:
(1) the officer honorably retired after not less than
a total of 15 years of service as a commissioned officer with one or
more state or local law enforcement agencies;
(2) the officer's license as a commissioned officer
was not revoked or suspended for any period during the officer's
term of service as a commissioned officer; and
(3) the officer has no psychological or physical
disability that would interfere with the officer's proper handling
of a handgun.
(c) The agency shall establish written procedures for the
issuance or denial of a certificate of proficiency under this
section. The agency shall issue the certificate to a retired
officer who satisfactorily demonstrates weapohs proficiency under
Subsection (b), provides proof that the officer is re~c icing
tiremPnt hPne_ fits on the basis of service with a state or local
maw enforcement agency, and satisfies the written procedures -
established by the agency. The agency shall maintain records of any
retired officer who holds a certificate issued under this section..
(d) A certificate issued under this section expires on the
second anniversary of the date the certificate was issued. A
retired officer to whom this section applies may request an annual
evaluation of weapons proficiency and issuance of a certificate of
proficiency as needed to comply with applicable federal or other
laws.
(e) The head of a state or local law enforcement agency may
set and collect fees to recover the expenses the agency incurs in
performing duties under this section.
(f) The amount of a fee set by a county law enforcement
agency under Subsection (e) is subject to the approval of the
commissioners court of the county. A county law enforcement agency
that collects a fee under Subsection (e) shall deposit the amounts
collected to the credit of the general fund of the county.
(g) A county law enforcement agency must obtain approval of
the program authorized by this section from the commissioners court
of the county before issuing a certificate of proficiency under
this section.
-~-- (h) The head of a state law enforcement agency may allow an
norably retired federal criminal investigator to whom this
section applies an opportunity to demonstrate weapons proficiency
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http://tlo2.tlc.state.tx.us/statutes/docs/OC/content/htm/oc.010.00.001701.00.htm 12/11/2006
Page 2 of 2
in the same manner as, and subject to the same requirements
applicable to, an honorably retired peace officer as described by
phis section. The agency shall issue a certificate of proficiency
~ an honorably retired federal criminal investigator who otherwise
meets the requirements of this section and shall maintain records
regarding the issuance of that certificate.
(i) On request of a retired officer who holds a certificate
of proficiency under this section, the head of a state or local law
enforcement agency may issue to the retired officer identification
that indicates that the officer retired from the agency. An
identification under this subsection must include a photograph of
the retired officer.
Added by Acts 2003, 78th Leg., ch. 325, ~ 1, eff. Sept. 1, 2003.
Amended by Acts 2005, 79th Leg., ch. 1093, § 2, eff. Sept. 1,
2005; Acts 2005, 79th Leg., ch. 1179, § 1, eff. Sept. 1, 2005.
http://tlo2.tlc.state.tx.us/statutes/docs/OC/wntent/htm/oc.010.00.001701.00.htm 12/11/2006