Attachment 16 - Interim ICE Firearms Policy.pdf

U.S. Immigration and Customs Enforcement

Interim

ICE Firearms Policy

July 7, 2004

Table of Contents

Part 1 Authority to Carry Firearms

A. Statutory and Regulatory Authority B. Authorized Officers C. Carriage of Firearms D. Flying Armed on a Commercial Aircraft E. Private Citizens F. Alcohol and Medication G. Restriction of Authority to Carry a Firearm H. Revocation of Authorization to Carry Firearms and Retrieval of a Firearm I Temporary Retrieval of an ICE-Issued Firearm J. Lautenberg Amendment

Part 2 Firearms Officials

A. Responsible Officials B. The National Firearms and Tactical Training Unit C. The Firearms and Use of Force Incident Review Committee

Part 3 Firearms Proficiency and Training

A. Demonstration of Proficiency B. Use of Force Training C. Firearms Instructors…………………………………………………………………………..16 D. Defensive Tactics Instructors

Part 4 Special Operational Requirements

A. Training and Testing B. Specialized Operations C. Honor Guards

Part 5 Foreign Travel and Assignments

A. Foreign Travel B. Foreign Assignments

Part 6 Firearms Accountability

A. Control of Firearms B. Control of Ammunition C. Storage of Firearms and Ammunition D. Lost or Stolen Firearms E. Damaged Non-Repairable Firearms F. Firearms Board of Survey Action G. Firearms Reserves H. Flash and Undercover Firearms I. Confiscated or Abandoned Firearms J. Firearms and Ammunition Acquisitions K. Sale or Transfer of Authorized Personally Owned Firearms

Part 7 Firearms Maintenance, Inspection and Repair

A. Firearm Accountability Review Program B. Armory Operations C. Inspections of All Firearms D. Maintenance E. Repair of Firearms F. Firearm Shipping and Transfer G. Firearm Replacement H. Destruction

Part 8 Intermediate Force Devices

A. Chemical Munitions and Agents B. Procurement of Chemical Munitions and Agents C. Storage, Transportation and Issuance of Chemical Munitions and Agents D. Batons E. Procurement of Specialty Impact Munitions F. Storage and Issuance of Specialty Impact Munitions……………………...……………… G. Training in Intermediate Force Techniques, Tactics and Devices…...………………………36

Part 9 Range Operations

A. Range Conduct B. Range Operation and Safety

Appendix 1 - ICE Approved Firearms and Intermediate Force Devices………...……………..….40 Appendix 2 - ICE Courses of Fire for Demonstration of Proficiency Appendix 3 - Authorization to Carry an ICE-Approved Personally Owned Handgun

Part 1 Authority to Carry Firearms

A. Statutory and Regulatory Authority

The statutory and regulatory authority to carry a U.S. Immigration and Customs

Enforcement (ICE) issued firearm or approved personally owned handgun is provided by:

1. 6 U.S.C. § 101, et seq;

2. 8 U.S.C. § 1357, 8 C.F.R. Part 287;

3. 19 U.S.C. § 1589a;

4. 40 U.S.C. § 1315; and

5. 49 U.S.C. § 44903.

B. Authorized Officers

To carry firearms in the performance of their official duties, ICE officers must:

1. Be involved in daily, routine or recurring law enforcement activities and operations in support of the ICE mission;

2. Be issued a badge and credentials to bear firearms;

3. Have successfully completed the mandatory basic law enforcement training, including basic firearms training, required for their ICE specific job series and title or successfully completed a substantially equivalent training program approved by the Assistant Secretary through the Director of the National Firearms and Tactical Training Unit (NFTTU);

4. Maintain proficiency in the use of firearms they are permitted to carry and adhere to the provisions of the policy governing the use of force; and

5. Meet all other requirements and standards set forth in this policy.

6. Exceptions to this criteria will require that a written justification be submitted to the

Assistant Secretary by the respective Director of the operational component. The justification must be forwarded through the Director of the NFTTU for comment prior to submission to the Assistant Secretary. The Assistant Secretary may grant authorization for additional classes of positions or individual positions at any time.

C. Carriage of Firearms

Firearms shall be carried only by an ICE officer, who meets the requirements in Part 1.B.

1. ICE officers, when carrying an ICE-issued firearm(s) or an approved personally owned handgun(s), are required to carry their ICE badge and credentials authorizing them to bear firearms, except for officers involved in an undercover operation or other operational activities where the possession of a badge and credentials could compromise officer safety or the operation. Armed non-uniformed personnel should carry their handgun concealed from view unless operationally necessary whenever practicable.

2. During duty hours in the performance of their official duties, ICE officers who are carrying a firearm are required to carry only their ICE-issued firearm(s) or an approved personally owned handgun(s) loaded with ICE-approved ammunition, unless operational circumstances preclude use of these firearms, such as when engaged in certain undercover activities or when operating in a restricted area.

Only those firearms listed in Appendix 1, ICE Approved Firearms and Intermediate Force Devices, and specifically approved by the respective operational component Director may be carried by ICE officers.

3. ICE officers may be required to carry shoulder-fired and other specialized weapons as determined necessary by the respective operational component Director. Only the firearms listed in Appendix 1 and approved by the respective operational component Director may be carried by ICE officers.

4. The Directors of the operational components are designated by the Assistant

Secretary to determine which of their ICE armed officers, as defined in Part 1.B, are authorized to carry an ICE-issued firearm(s) or approved personally owned handgun(s) during duty hours.

5. The following Directors of the operational components are designated by the

Assistant Secretary to determine which of their ICE armed officers, as defined in Part 1.B, are authorized to carry an ICE-issued or approved personally owned handgun(s) during non-duty hours:

a. Director of Air and Marine Operations;

b. Director of Detention and Removal Operations;

c. Director of Federal Air Marshal Service;

d. Director of Office of Investigations;

e. Director of Office of Intelligence;

f. Director of Office of Professional Responsibility; and

g. Director of Operations.

6. The authorization to carry firearms while in a non-duty status does not confer any additional legal authority or rights upon the ICE officer. Circumstances that may affect the ICE officer’s ability to safely intervene in situation while off-duty may be affected by their equipment or other support available. An officer in this capacity must always carefully consider his or her authority to act, legal jurisdiction and internal ICE policy.

7. ICE Officers are not authorized to carry any personally owned shoulder-fired firearms or special weapons for official use.

8. The Director of the respective operational component, with the NFTTU recommendation, may approve requests from a Responsible Official for a non-standard firearm during an approved undercover operation or operational activity.

With this approval, the Senior Firearms Instructor (SFI) may issue for carry an NFTTU supplied non-standard firearm to an ICE officer designated to act in an undercover capacity, for the term of the approved undercover operation or until revoked by the Responsible Official or the Director of the NFTTU. A non-standard firearm is one not specified in Appendix 1.

9. The Director of the NFTTU may issue a non-standard firearm to ICE officers in foreign countries as per the request of the Director of International Affairs\Foreign Operations.

10. The Directors of the operational components are designated by the Assistant

Secretary to determine which of their ICE armed officers, as defined in Part 1.B, are authorized to carry a secondary ICE-issued or approved personally owned handgun(s) listed in Appendix 1.

11. ICE officers will carry their ICE-issued handgun(s) or approved personally owned handgun(s) fully loaded (hammer de-cocked, if applicable). Semiautomatic pistols will be carried with a round in the chamber, the magazine loaded to capacity.

Revolvers will be carried with all cylinders loaded. ICE officers are only authorized to use ICE-issued ammunition for duty carry, whether on or off-duty.

12. Handguns must be carried in a holster provided by ICE or in one that meets the same minimum standards as prescribed by the NFTTU. Officers with ICE approved, personally owned handguns must provide their own holsters and related leather gear for the personally owned weapon.

13. For the purpose of this policy, the term "ICE issued" includes firearms, weapons, ammunition, ordnance, badges, credentials and other items or devices that were issued by a legacy agency now in ICE.

14. ICE officers should properly secure their weapon(s) from unauthorized access during the processing of prisoners\detainees where close proximately exists such as fingerprinting. For enhanced officer safety, another armed officer should be present during prisoner\detainee processing when possible.

D. Flying Armed on a Commercial Aircraft

1. ICE officers will abide by Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) regulations when flying armed or transporting firearms in their luggage. It is mandatory that ICE officers comply with all TSA/FAA regulations. Each officer who carries a firearm while traveling on board a commercial aircraft must successfully complete the “Law Enforcement Officers Flying Armed” course prior to travel.

2. ICE officers, as designated by the ICE Assistant Secretary, are authorized to carry firearms in the cabin of a commercial aircraft in the performance of their official duties in accordance with TSA\FAA regulations.

3. ICE Special Agents and other ICE law enforcement officers that are authorized to carry firearms while in a non-duty status includes the carrying of a firearm while traveling on a commercial aircraft while on non-official travel. This authority may be restricted by the Director of the respective operational component pursuant to Part 1.G.

4. When flying on a commercial aircraft, an ICE officer must keep the ICE-issued firearm(s) or an approved personally owned handgun(s) concealed and out of view, either on his or her person or in his or her immediate reach while flying on commercial aircraft. If in uniform, the ICE officer must carry the firearm on his or her person. At no time may a firearm be placed in an overhead storage bin.

5. Under no circumstances shall an ICE-issued firearm or authorized personally owned firearm be surrendered to the Pilot in Command, a flight crew member or other airline employee except as required when checking their firearm as checked baggage as defined in item 8 below.

6. TSA/FAA does not permit any chemical agents in the cabin of a commercial aircraft. As provided by 49 C.F.R § 175.10, self-defense spray (mace or pepper spray) may be carried in checked baggage, provided the container does not exceed four (4) fluid ounces and has a positive means to prevent accidental discharge. In addition, chemical agents are prohibited aboard ICE aircraft, except when specifically authorized by Air and Marine Operations (AMO).

7. Only in exigent circumstances may an ICE officer place a handgun in checked baggage in accordance with TSA/FAA regulation. Each situation must be reported, in writing, to the Director of the NFTTU through the Responsible Official. This requirement does not include the transportation of long-guns in ICE approved storage devices, which may be transported as checked baggage in accordance with TSA/FAA regulation.

8. In cases that necessitate transporting multiple firearms or shoulder-fire firearms on commercial aircraft, ICE officers will follow regulations provided by TSA/FAA and the guidelines provided by the NFTTU.

E. Private Citizens

Nothing in this policy shall be construed as interfering with the right of ICE officers as private citizens to carry a privately owned firearm for personal use. ICE officers are expected to comply with all applicable Federal, state and local laws when exercising this right. ICE officers, unless otherwise approved or during an emergency situation, Part 6.D., will carry only ICE-issued firearm(s) or an approved personally owned handgun(s) in their capacity as ICE officers.

F. Alcohol and Medication

1. ICE officers are prohibited from consuming alcoholic beverages while carrying any firearms, except when engaged in operational activities necessitating the consumption of alcoholic beverages. In these cases, the consumption of alcoholic beverages will be limited to an amount that does not impair the officer’s judgment and ability to safely control a firearm.

2. ICE officers are further prohibited from carrying a firearm after consumption of alcoholic beverages when their judgment and ability to safely use and control a firearm is impaired.

3. ICE officers in the performance of their official duties shall not carry a firearm while taking medication that may impair their judgment and/or ability to safely control a firearm.

G. Restriction of Authority to Carry a Firearm

1. Within their area of responsibility, the Directors of operational components may restrict ICE officer(s) in carrying firearms by identifying, in writing, those assignments, functions, and locations at which, individuals may not be permitted to bear firearms. These officers will retain their credentials authorizing them to bear firearms, but they will not be issued firearms, permitted to carry firearms, or qualify with firearms unless the respective Directors of operational components authorizes them, in writing, to carry a firearm for specific duty assignments.

2. Designated ICE armed officers are the only ICE employees authorized to carry or possess firearms on ICE controlled property or in the performance of official duty.

This restriction applies to all other ICE employees including those licensed to carry firearms as private citizens under appropriate state or local statutes.

H. Revocation of Authorization to Carry Firearms and Retrieval of a Firearm

1. In order to carry a firearm, an ICE officer must be issued and carry credentials signed by the Secretary of the Department of Homeland Security (DHS) or his\her designee authorizing the ICE officer to carry firearms. Until such time as new ICE badges and credentials are issued to authorized ICE officers, authorized legacy agency badges and credentials shall remain valid for the purposes of this policy.

Credentials may be denied, suspended, restricted, revoked, or reinstated, by the Assistant Secretary; the Director of Operations; the Director of the operational component or the Responsible Officials.

2. Situations or unacceptable conduct that may warrant the denial, suspension or revocation of credentials include, but are not limited to:

a. The failure to demonstrate proficiency with firearm(s) or other mandatory training requirements;

b. Medical conditions that would impede the safe and effective use of a firearm;

c. Evidence of substance abuse;

d. Evidence of the consumption of alcoholic beverages in violation of Part 1.F.;

e. Evidence of the taking of medication that impairs judgment and/or ability to safely control a firearm in violation of Part 1.F.;

f. Evidence of the commission of a felony;

g. Evidence of the commission of an act of domestic violence;

h. Evidence of inappropriate violent behavior;

i. Evidence of the misuse of a firearm;

j. Evidence of serious breaches of integrity or security; and/or

k. Any conduct which would be in violation of applicable Federal laws.

3. In addition, the appropriate Responsible Official may restrict or revoke the authority to carry a firearm during duty and/or non-duty hours when the restriction or revocation is in the best interests of ICE and/or the officer. When an individual’s authority to carry a firearm is restricted or revoked, the Responsible Official must provide the officer with a written notification explaining the reason(s) for the restriction or revocation and any limitations on the performance of duties.

4. When the authority to carry firearms is permanently or temporarily denied, suspended, restricted, or revoked, officers will not perform assignments for which ICE has determined that they must be armed. Permanent denial or revocation of firearms credentials may be grounds for reduction in grade, reassignment or removal, as determined appropriate by ICE.

5. Supervisors shall immediately remove the ICE-issued firearm(s) and/or withdraw the authorization to carry an approved personally owned firearm(s) from an officer if any of the circumstances listed in Part 1.H.2. apply.

a. When an ICE-issued firearm(s) is removed or the authorization to carry an approved personally owned handgun(s) is withdrawn from an ICE officer, the supervisor will inform, in writing, the Responsible Official within twenty-four (24) hours of such action, identifying the ICE officer involved and explaining the reason(s) for the removal or the withdrawal.

b. The Responsible Official shall provide written notification to the affected ICE officer, explaining the reason(s) for the removal of an ICE-issued firearm(s) or the authorization to carry an approved personally owned handgun(s) and any limitations on the performance of duties.

c. If the removal of an ICE-issued firearm(s) or the withdrawal of an authorization to carry an approved personally owned handgun(s) extends beyond seventy-two (72) hours, the Responsible Official shall provide written notification to the respective operational component Director, identifying the ICE officer involved and explaining the reason(s) for the removal. When either the Director of Operations or the Director of an operational component is the Responsible Official, notification to the next level of management is not required, only a permanent record of the action must be maintained.

d. If the removal of an ICE-issued firearm(s) or the withdrawal of an authorization to carry an approved personally owned handgun(s) extends beyond seventy-two (72) hours, the Responsible Official shall formally suspend the authorization to carry any firearm in accordance with Part 1.H.

and record in the ICE automated firearms inventory system.

I. Temporary Retrieval of an ICE-Issued Firearm

1. Except as allowed in Part 3.A.9., an officer who will be on authorized sick leave, military leave or leave without pay status for an entire quarter qualification period, and who will therefore be unable to meet the ICE requirements to demonstrate proficiency, must turn in all ICE-issued firearms and/or relinquish any authorization to carry a personally owned handgun(s) in the performance of their official duties to the Senior Firearms Instructor (SFI). The SFI will immediately transfer the firearm(s) from the officer to the reserve and record the withdrawal of any authorization to carry a personally owned handgun(s) in the ICE automated firearms inventory system. This entire action should occur prior to commencement of the leave.

2. Officers whose authority to carry a firearm has been temporarily withdrawn due to any of the circumstances listed in Part 1.H. or any officer suspended due to a disciplinary action, regardless of the number of days, must immediately turn in all ICE-issued firearms and/or relinquish any authorization to carry a personally owned handgun(s) in the performance of their official duties. The SFI must complete the transfer of the firearm(s) or the withdrawal of the authority for a personally owned handgun(s) in the ICE automated firearms inventory system.

J. Lautenberg Amendment

1. Pursuant to 18 U.S.C. § 922(g)(9), it is illegal for anyone, including federal law enforcement officers, who have been convicted of a misdemeanor crime of domestic violence to possess any firearm or ammunition.

2. It is the responsibility of any ICE officer arrested for a felony or misdemeanor crime of domestic violence to promptly report this information to his\her immediate supervisor. During the period pending disposition of the case, ICE officers are not permitted to possess or carry firearms or ammunition and are subject to suspension from ICE LEO duties.

3. The supervisor is responsible to ensure that all ICE firearm(s), weapon(s), ammunition and other related items are immediately turned over to the SFI for storage pending final disposition of the incident, to include any internal ICE inquiry or investigation.

Part 2 Firearms Officials

A. Responsible Officials

1. Responsible Officials are responsible for all aspects of the ICE firearms program as it relates to offices and personnel under his or her supervision, and for ensuring compliance with the ICE Firearms Policy and ICE Use of Force Policy by all officers within his or her area of responsibility.

2. Each Responsible Official has primary responsibility for inventory control, maintenance and security of all ICE firearms and ammunition within his or her area of responsibility.

3. Each Responsible Official shall designate, in writing, a SFI to manage the firearms and ammunition program within his or her area of responsibility. The SFI is responsible for overseeing the shipment, receipt and issuance and the periodic inventory of firearms and ammunition and other use of force equipment.

4. The Responsible Officials are:

a. Director of Operations;

b. Directors of Investigations, Intelligence, Air and Marine Operations, Detention and Removal, Federal Protective Service and Federal Air Marshal Service (collectively referred to as the operational components);

c. Assistant Director of International Affairs;

d. Deputy Assistant Director of International Affairs;

e. Federal Air Marshal Service Assistant Directors;

f. Federal Air Marshal Service Deputy Assistant Directors;

g. Special Agents in Charge;

h. Regional Special Agents in Charge;

i. Federal Protective Service Regional Directors;

j. Detention and Removal Field Office Directors;

k. Air and Marine Operations Field Directors;

l. Field Intelligence Unit Directors;

m. Director of Training;

n. Director of the NFTTU;

o. Director of the Office of Professional Responsibility (OPR);

p. International Affairs Attachés (where applicable); and

q. Other officials designated, in writing, by the ICE Assistant Secretary.

B. The National Firearms and Tactical Training Unit

1. The Director of the NFTTU has primary responsibility to:

a. Direct all aspects of the ICE firearms and use of force program, including less-lethal force equipment and devices;

b. Direct the development and implementation of ICE firearms policies and procedures;

c. Direct the technical and evaluation aspects of the ICE firearms and use of force program;

d. Direct the development of training curriculum and delivery of the training of

ICE Firearms Instructors, armorers, Defensive Tactics Instructors, intermediate force instructors, and other related training;

e. Direct the development and implementation of tactical doctrine;

f. Direct the development and presentation of training for ICE special response teams and other related training;

g. Direct collection and storage of qualification records;

h. Establish the procedures for the selection and certification of Firearms

Instructors, Defensive Tactics Instructors, intermediate force instructors and other advanced firearms and force instructors, and maintain the record of these instructors’ qualifications and certifications;

i. Operate and oversee all ICE national, field and academy armories, and direct the maintenance, repair, and alteration of all ICE-owned firearms and approved personally owned handguns; and

j. Oversee the control and accountability of all firearms, ammunition, ordnance, less-lethal devices, intermediate force devices and other designated equipment or items.

2. The Director of the NFTTU is responsible for acquiring all ICE-issued firearms, ammunition, ordnance, less-lethal devices and intermediate force devices for ICE.

No ICE component or individual officer or employee, other than the Director of the NFTTU, is authorized to solicit, accept or otherwise acquire ICE issued firearms, ammunition, ordnance and/or intermediate force devices for any ICE purpose or operation. The NFTTU is the only entry or exit point for all ICE firearms, ammunition, ordnance and intermediate force devices in the ICE inventory.

3. The Director of the NFTTU is responsible for processing all personally owned handguns. No more than one (1) primary personally owned handgun or one (1) secondary personally owned handgun will be approved in a one (1) year period. A record of all personally owned handguns authorized for carry in the performance of duties must be maintained in the ICE automated firearms inventory system. An approved form as shown in Appendix 3, Authorization to Carry a Personally Owned, ICE-Approved Handgun, must be retained by the NFTTU.

4. The Director of the NFTTU is responsible for coordinating, directing and overseeing the legacy firearms, weapons, armory, ordnance and related functions of the legacy agencies that are now in ICE to ensure proper and comprehensive inventory management, control and accountability. These functions shall include procurement, issuance, shipping, receiving, modification, repair, maintenance, transfer, inventory, destruction and other related duties and responsibilities.

C. The Firearms and Use of Force Incident Review Committee

1. The Firearms and Use of Force Incident Review Committee is responsible for:

a. Reviewing reports of all incidents involving firearms, certain and/or specified use of force events and enforcement related officer safety issues;

b. Reviewing all use of force incident reports to determine if tactics, training or policy is sufficient to deal with the incident; and

c. Establishing a permanent ICE Firearms Board of Survey at headquarters that is authorized to effect the relief of the firearms inventory and accountability.

2. The Firearms and Use of Force Incident Review Committee members are:

a. The Director of the NFTTU, who serves as committee chair;

b. The Director of each operational component or his or her designee;

c. The Director of the Office of Professional Responsibility (OPR) or his or her designee; and

d. The Principal Legal Advisor or his or her designee.

3. The Firearms and Use of Force Incident Review Committee shall meet quarterly, or more frequently if required, to review shooting and use of force incidents.

4. The use of force reporting requirements are contained within the ICE Use of Force

Policy.

Part 3 Firearms Proficiency and Use of Force Training

A. Demonstration of Proficiency

1. All officers who are authorized and carry an ICE-issued firearm(s) or an approved personally owned handgun(s) must maintain an acceptable level of proficiency and are required, on a quarterly basis, to demonstrate their proficiency in the use of their firearm(s).

2. ICE officers shall be authorized at least eight (8) hours each quarter to participate in approved instruction delivered and\or coordinated by ICE Firearms Instructors and\or Defensive Tactics Instructors to meet NFTTU training requirements.

3. An acceptable level of proficiency, pursuant to guidelines established by the

Director of the NFTTU, is based on all of the following:

a. Successfully completing the approved ICE qualification course of fire (see Appendix 2, ICE Courses of Fire), achieving at least the minimum numerical score as determined by the Director of the NFTTU;

b. Demonstrating proper handling techniques and manual dexterity required to safely holster and draw (if applicable), load, unload, and operate the firearm;

c. Demonstrating safe handling of the firearm and ammunition;

d. Successfully completing the advanced firearms training exercises, pursuant to guidelines established by the Director of the NFTTU;

e. Demonstrating appropriate responses to the failure or malfunction of firearms or ammunition, including immediate action drills and safe unloading procedures; and

f. To demonstrate proficiency with the firearm(s), the officer must successfully complete one (1) qualification course of fire in no more than two (2) consecutive attempts as well as satisfactorily demonstrate all other requirements.

3. Each quarter, officers must demonstrate proficiency with each ICE-issued firearm(s) and/or each approved personally owned handgun(s) that he or she carries whether on or off-duty. The Responsible Official may require officers to carry and demonstrate proficiency with additional firearms to meet operational requirements or needs.

4. Officers must demonstrate proficiency with each ICE-issued firearm(s) and/or each approved personally owned handgun(s) once each quarter and that successful demonstration of proficiency satisfies the requirements to carry that firearm for the next quarter. Note: When officers are issued or otherwise obtain an approved handgun listed in Appendix 1 that has significantly different operating characteristics from one previously issued (i.e., trigger operation, decocker, magazine release, etc.), the officer must be certified as proficient with the new weapon by an ICE approved Firearms Instructor, following guidelines prescribed by the NFTTU, before the weapon is carried by the officer on or off-duty.

5. The quarters are:

a. First quarter - October through December;

b. Second quarter - January through March;

c. Third quarter - April through June; and

d. Fourth quarter - July through September.

6. When an officer did not demonstrate proficiency in the preceding quarter for any firearm, the officer must satisfactorily demonstrate proficiency before he or she is authorized to carry that firearm. This demonstration of proficiency will enable the officer to carry the firearm for the remainder of the quarter and will satisfy the requirements to carry that firearm for the next quarter until the next attended range date.

7. Annually, each officer should complete the familiarization course of fire, approved by the Director of the NFTTU, for all primary shoulder-fired firearms approved by the Director of the operational component that are located in that local office.

8. An officer who is unavailable to participate in the quarterly demonstration of firearm(s) proficiency (Did Not Fire) is still qualified to the last day of that quarter.

However, he or she is not qualified, nor permitted to carry any firearm (ICE-issued firearm or approved personally owned handgun) after the last day of that quarter until he or she successfully demonstrates proficiency.

9. ICE officers unable to participate in the quarterly demonstration of firearm(s) proficiency due to exigent circumstances may be excused based on the written recommendation of the Responsible Official with the approval of the Director of the operational component and concurrence of the Director of the NFTTU. This should be limited to disasters or other significant incidents that are unforeseeable. Case workload is not an exemption from the quarterly requirement to demonstrate proficiency. The officer must qualify during the next available range date.

Nevertheless, ICE officers are responsible for planning their schedules to ensure that they participate in required training and proficiency demonstration as early possible in the quarter to ensure adherence to policy.

10. An officer who is unable to participate in the quarterly demonstration of firearm(s) proficiency due to a temporary physical condition may be granted an exception:

a. The Responsible Official, with the concurrence of the Director of the

NFTTU, may excuse an officer from participating in the quarterly demonstration of firearm(s) proficiency for the period not to exceed one hundred and eighty (180) days. A temporary physical condition may be caused by injury, surgery, illness or pregnancy. On a case-by-case basis, the Responsible Official may grant additional extensions. Under no circumstances will an exception be granted for more than two hundred and seventy (270) days.

b. The officer requesting this exception must provide the Responsible Official with a licensed physician’s written recommendation. The recommendation must describe the nature of the temporary physical condition and the anticipated duration of the condition. However, the ICE officer requesting this exception must still be able to meet his or her specific operational and tactical requirements for their personal safety and the safety of others. This includes actions such as intermediate force devices, defensive tactics and weapon retention.

c. Officers granted this exception will receive a written authorization from the

Responsible Official to continue carrying any ICE-issued firearm(s) and/or approved personally owned handgun(s), stating the expiration date of the exception and the serial number of each handgun the officer is authorized to continue to carry.

d. At the next firearms proficiency range day, but within thirty (30) days of the expiration of their exception, officers must demonstrate proficiency with each handgun(s) or all other firearm(s) he or she is authorized to carry.

11. An officer who fails to demonstrate proficiency will immediately relinquish that

ICE-issued firearm(s) to the Firearms Instructor conducting the quarterly demonstration of firearm(s) proficiency. An officer who fails to demonstrate proficiency (Did Not Qualify) with an approved personally owned handgun(s) will immediately have their authorization to carry that personally owned handgun suspended. The removal of that ICE-issued firearm(s) or the suspension of the authorization to carry that personally owned handgun(s) will be recorded immediately in the ICE automated inventory system. The officer will be directed to attend remedial firearms training. The relinquished ICE-issued firearm(s) and/or suspended authorization to carry that approved personally owned handgun(s) will be reinstated when the officer successfully demonstrates proficiency with each

12. Any officer who fails to demonstrate proficiency as required in Part 3.A., will not be allowed to perform law enforcement duties requiring the carrying of a firearm until the officer demonstrates proficiency.

13. An ICE certified Firearms Instructor shall conduct remedial firearms training and direct the demonstration of proficiency. Reasonable effort and time will be made to assist the officer during remedial training. This remedial training should focus on the shooter's problem(s) and may include a review of basic marksmanship principles, dry and live fire techniques and live fire practice. To demonstrate proficiency with the firearm(s), the officer must successfully complete one (1) qualification course of fire in no more than two (2) consecutive attempts as well as satisfactorily demonstrate all other requirements listed in Part 3.A.

14. An officer who, following remedial training, is unable to demonstrate proficiency with the firearm may be subject to reassignment or removal.

15. All additional, specific advanced firearms, defensive tactics and use of force training must be coordinated and approved by the Director of the NFTTU or his designee.

B. Use of Force Training

1. ICE officers shall be authorized at least eight (8) hours each quarter to participate in approved instruction delivered and\or coordinated by ICE Firearms Instructors and\or Defensive Tactics Instructors to meet NFTTU training requirements (see 3.A.2).

2. This training includes a review of the ICE and DHS policies on the use of force, reporting procedures and the ICE use of force continuum.

3. Failure to comply with mandatory training requirements may result in the revocation of an ICE officer's authorization to carry a firearm and any subsequent ramifications.

C. Firearms Instructors

1. Each Responsible Official shall designate an SFI to:

a. Manage the field office firearms and use of force training, practice or qualification programs;

b. Schedule and direct the other Firearms Instructors;

c. Ensure all qualification scores are recorded in the ICE automated firearms inventory system;

d. Ensure that all advanced firearms training exercises and use of force training are recorded in the ICE training recording system;

d. Maintain sufficient quantities of supplies to conduct the firearms program;

e. Coordinate the scheduling of officers to participate in the required firearms qualifications and all applicable training, including use of force, tactical exercises, and special response team training;

f. Make final determinations regarding proficiency; and

g. Manage the overall firearms and related use of force program within his or her area of responsibility.

2. Each Responsible Official shall designate officers to perform full-time or collateral duties as Firearms Instructors for a minimum of five (5) years in duration, if the officer remains assigned to that duty location.

3. The Director of the NFTTU shall establish the criteria for the selection and certification of Firearms Instructors. The Director of the NFTTU will maintain a record of all certified Firearms Instructors.

4. All Firearms Instructors must successfully complete the ICE firearms instructor training conducted by the NFTTU or the Firearms Instructor Training Program (FITP) conducted by the Federal Law Enforcement Training Center (FLETC). In addition, ICE officers who have successfully completed, and have retained certification, from the U.S. Customs Firearms Instructor Training Program, Immigration Officer Academy Firearms Instructor Training Program or other federal training program as approved by the Director of the NFTTU may be ICE Firearms Instructors.

5. Firearms Instructors are required to be recertified at least once every five (5) years through a recertification program approved by the Director of the NFTTU. The Director of the NFTTU may extend a Firearms Instructor’s certification period due to training or resource limitations.

6. Only ICE Firearms Instructors, meeting the training and certification requirements outlined in Part 3.C., are authorized to perform Firearms Instructor duties.

7. During firearms training, practice or qualification sessions, Firearms Instructors are responsible for taking all reasonable steps to ensure the safety and security of all involved ICE personnel and property. They are also authorized to remove any person from the range who refuses to comply with safety instructions or otherwise poses a safety risk.

D. Defensive Tactics Instructors

1. Each Responsible Official shall designate officers to perform full-time or collateral duties as Defensive Tactics Instructors for a minimum of five (5) years in duration, if the officer remains assigned to that duty location.

3. Responsible Official will designate one (1) Defensive Tactics Instructor as the

Senior Defensive Tactics Instructor. His or her responsibilities are as follows:

a. Provide instruction for ICE officers in defensive tactics and intermediate force weapons, through the use of integrated scenario based training as well as classroom and training room exercises, in accordance with Part 10.H of this issuance and with the training and frequency parameters set for by the Director of the NFTTU;

b. Manage the field office defensive tactics and intermediate force weapons training programs;

c. Schedule and direct the other Defensive Tactics Instructors;

d. Ensure that all defensive tactics, intermediate force weapons and related use of force training is recorded in the ICE training recordation system;

e. Maintain sufficient quantities of supplies and equipment to conduct the defensive tactics training;

f. Coordinate the scheduling of ICE officers to participate in the required defensive tactics, intermediate force weapons and related use of force training; and

g. Manage the overall defensive tactics, intermediate force weapons and related use of force program within his or her area of responsibility.

3. Director of the NFTTU shall establish the criteria for the selection and certification of Defensive Tactics Instructors. The Director of the NFTTU will maintain a record of all certified Defensive Tactics Instructors.

4. Defensive Tactic Instructors must successfully complete the training specified by the Director of the NFTTU.

5. Defensive Tactics Instructors are required to be recertified at least once every five

(5) years through a recertification program approved by the Director of the NFTTU.

6. Only ICE Defensive Tactics Instructors, meeting the training and certification requirements outlined in Part 3.D., are authorized to perform Defensive Tactics Instructor duties.

7. During defensive tactics training, practice or certification sessions, Defensive

Tactics Instructors are responsible for taking all reasonable steps to ensure the safety and security of all involved ICE personnel and property. They are also authorized to remove any person from the training area who refuses to comply with safety instructions or otherwise poses a safety risk.

Part 4 Special Operational Requirements

A. Training and Testing

As directed by the Director of the NFTTU, selected ICE officers, Firearms Instructors or officers assigned to approved Special Response Teams (including detailed assignments), may transport and use any firearm in the ICE inventory, any firearm selected by the Director of the NFTTU for training or operational purposes, or any firearm under consideration by the ICE for acquisition for the purpose of conducting:

1. Basic training approved by the Director of Training;

2. Advanced firearms training approved by the Director of the NFTTU;

3. Testing and evaluation of weapons directed by the Director of the NFTTU; or

4. Operational activities approved by a Director of an operational component.

B. Specialized Operations

1. A Special Response Team (SRT) may be established consistent with the guidelines and procedures established by the Director of the NFTTU and approved by the appropriate Director of an operational component.

2. SRT officers and specifically designated officers of AMO may use specialized firearms, not otherwise listed in Appendix 1, which are specifically approved for the SRT or AMO by the appropriate Director of an operational component with the concurrence of the Director of the NFTTU.

3. Only SRT officers and specifically designated AMO officers who have successfully completed the required training, as mandated by the Director of the NFTTU, will be authorized to utilize special weapons. Every quarter, these officers must demonstrate proficiency with each special weapon.

4. The standard issued SRT and AMO firearms are listed on Appendix 1.

C. Honor Guards

Officers assigned to an authorized honor guard unit may use specialized firearms specifically approved by the appropriate Director of an operational component with the concurrence of the Director of the NFTTU. If the specialized firearms are carried loaded, the officers must successfully complete the required training and certification for each specialized firearm(s) and demonstrate proficiency quarterly with these specialized

Part 5 Foreign Travel and Assignments

A. Foreign Travel

1. ICE officers, except officers assigned to OPR, who carry firearms into a foreign country on official business must notify and receive approval from the Director of the respective operational component, the Director of Foreign Operations, the U.S.

Embassy and the transit country or countries prior to travel.

2. Officers assigned to the OPR who carry firearms into a foreign country on official business must receive approval from the Director of OPR, who will ensure that all U.S. Embassy requirements and notifications are effected, as appropriate.

3. At no time will any employee of ICE or OPR travel into or through a foreign country without obtaining country clearance prior to the commencement of their travel.

B. Foreign Assignments

The following procedures are for ICE officers who are assigned or will be assigned to an overseas post of duty:

1. Import and export of firearms, as well as carriage of a firearm in a foreign country, require concurrence from the U.S. Embassy and the Director of Foreign Operations.

When approval is granted, the ICE officer will be issued a firearm from permanent inventory of firearms at the post of duty. Each Attaché office may have one (1) spare primary firearm if available. These firearms will be assigned to the ICE Attaché who will act as the Responsible Official in the ICE automated firearms inventory system and who will ensure compliance with all appropriate national policies and appropriate foreign laws. Request for other weapons will be considered on a case-by-case basis with the approval of the appropriate Director of an operational component and the concurrence of the Director of the NFTTU.

2. An ICE officer going to a foreign post of duty will turn in his or her domestic ICE-issued firearms(s) to their SFI.

3. An ICE officer newly assigned to an Attaché office will be issued a firearm from their foreign post of duty inventory. This firearm will be his or her assigned firearm for the duration of the foreign tour. Upon completion of a foreign tour, the firearm will be transferred back to the ICE Attaché. Any excess firearms shall be returned to the Director of the NFTTU.

4. Any ICE armed officer permanently assigned to a foreign office and authorized by that foreign office to carry a firearm should attempt to meet the training requirements with the same make and model firearm(s) at least once a year when returning to the United States or any other location where an ICE Firearms

Instructor can conduct proficiency training. Any ICE armed officer exempted from the quarterly demonstration of proficiency requirements while permanently assigned to a foreign office must meet all ICE training requirements should they wish to carry a firearm while on temporary duty in the United States. Where appropriate, Attaches are encouraged to maintain proficiency with firearms through participation with other law enforcement agencies at the post of duty.

5. An ICE officer returning from overseas assignments will be issued another firearm.

However, the ICE officer must demonstrate proficiency with the firearm before carrying it whether on or off-duty.

6. Any request for a long gun or special weapon must be forwarded through the appropriate channels in Foreign Operations prior to the Director of the NFTTU for consideration and authorization.

Part 6 Firearms Accountability

A. Control of Firearms

1. The Director of the NFTTU will maintain a complete inventory of all ICE owned firearms in the ICE automated firearms inventory system. In addition, all approved personally owned handguns shall be recorded and specifically identified in the ICE automated firearms inventory system.

2. The Director of the NFTTU is responsible for coordinating, directing and overseeing the legacy firearms, weapons, armory, ordnance and related functions of all the legacy agencies that are now in ICE to ensure proper and comprehensive inventory management, control and accountability. These functions shall include procurement, issuance, shipping, receiving, modification, repair, maintenance, transfer, inventory, destruction and other related duties and responsibilities.

3. Every firearm issued to an officer must be recorded and maintained in the ICE automated firearms inventory system.

4. All managers and supervisors will be responsible for the accuracy of firearms inventories and records of their organizational components.

5. Each Responsible Official shall conduct an annual inventory of all firearms, ammunition, and related equipment, as prescribed by the Director of the NFTTU.

6. All firearms issued to an officer shall be immediately recorded in the ICE automated firearms inventory system, identifying the officer and the serial number of each firearm.

7. The Director of the NFTTU is responsible for establishing and overseeing the procedures regarding requests for and authorizations of personally owned handguns for ICE officers. Officers authorized to carry a personally owned handgun shall have the handgun recorded in the ICE automated firearms inventory system. The SFI is responsible for sending to the Director of the NFTTU each approved authorization, which is found at Appendix 3, Authorization to Carry a Personally Owned, ICE-Approved Handgun. The Director of the NFTTU will maintain a record of all authorized personally owned handguns.

8. ICE officers approved to participate in competitive shooting events will be issued competition shooting firearms and equipment when available. When competition-shooting firearms and equipment are received at an ICE office, the SFI shall immediately issue the firearm(s) to the approved ICE competitive shooter in the ICE automated firearms inventory system.

B. Control of Ammunition

1. Only ICE supplied ammunition will be used in ICE approved firearms. This ammunition will be managed and maintained in the ICE automated firearms inventory system. Ammunition must be issued, received and accounted for on an ammunition inventory control sheet prescribed by the NFTTU, or an equivalent inventory form where local requirements mandate it. The Firearms Instructor responsible for the issue and receipt of ammunition will maintain the ammunition control sheet at the storage site. Ordering of ammunition will be based on ammunition usage and available inventory.

2. The SFI may issue each officer authorized to carry a handgun a minimum of fifty

(50) rounds of approved ammunition for each issued or approved handgun. ICE officers shall rotate ammunition by expending, during quarterly qualifications, those rounds carried on duty. Following the successful completion of the quarterly qualification(s), up to one hundred and fifty (150) rounds of replacement ICE ammunition, for each quarter, may be issued to each officer for carry or practice, whether on or off-duty, depending on the office inventory level and the request of the armed officer.

3. Based on the Firearms Instructor's assessment and with the concurrence of the SFI, additional handgun ammunition may be issued for practice to ICE officers who…