Draft- Appendix E - AR 190-14 Carrying of Firearms and Use of Force.pdf
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- PANRSA-24-P-0000-002642
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This document is a draft Request for Proposals (RFP) for armed security guard services at the Headquarters, Army Materiel Command (HQAMC) facility on Redstone Arsenal. The contract will provide access control, security systems monitoring, personnel and package screening, and response force capability for 24/7 security operations. The estimated period of performance is a base year from June 15, 2024 to June 14, 2025, with four one-year option periods. The contract type is anticipated to be cost-type. Offers are due by June 7, 2024 at 11:00 am CST. The Performance Work Statement, Section L and M instructions, Contract Data Requirements List, DD Form 254, and other appendices are provided as attachments to the RFP.
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*This publication supersedes AR 190–14, dated 12 March 1993. Army Directive 2016–03, Army Directive 2021–06 and Army Directive 2021–13 are automatically rescinded upon publication of this regulation.
AR 190–14 • 1 March 2024
UNCLASSIFIED
Headquarters Department of the Army Washington, DC
*Army Regulation 190 – 14
1 March 2024 Effective 1 April 2024
Military Police
Arming and the Use of Force
History. This publication is a major revision.
Authorities. This regulation implements DoDD 5210.56.
Applicability. This regulation applies to the Regular Army, the Army National Guard/Army National Guard of the United States, the U.S. Army Reserve, the Department of the Army Civilian Police, Department of the Army Security Guards, and the Army National Guard only when called or ordered to active duty in a Federal status under the provisions of Title 10, United States Code. The provi-sions of this regulation do not apply to military personnel engaged in military operations subject to rules of engagement or to Depart-ment of Defense personnel in an overseas location not under the authority of, or subject to, the control of a United States military commander.
Proponent and exception authority. The proponent of this regulation is the Provost Marshal General. The proponent has the au-thority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or its direct reporting unit or field operating agency, in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full analysis of the expected benefits and must include formal review by the activity’s senior legal officer. All waiver requests must be endorsed by the commander or senior leader of the requesting activity and forwarded through higher headquarters to the policy proponent. Refer to AR 25 – 30 for specific requirements.
Army internal control process. This regulation contains internal control provisions in accordance with AR 11 – 2 and identifies key internal controls that must be evaluated (see appendix B).
Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to the Provost Marshal General (DAPM – MPO – LE), usarmy.pentagon.hqda-dcs-g-3 – 5 – 7.mbx.opmg-le-division@army.mil.
Distribution. This regulation is available in electronic media only and is intended for the Regular Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve.
mailto:7.mbx.opmg-le-division@army.mil
SUMMARY of CHANGE
AR 190 – 14
Arming and the Use of Force
This major revision, dated 1 March 2024—
• Changes the title from Carrying of Firearms and Use of Force for Law Enforcement and Security Duties, to Arming and the Use of Force (cover).
• Updates responsibilities of the Deputy Chief of Staff, G – 1, the Provost Marshal General, garrison commanders, directors of emergency service, and provost marshals (paras 1 – 10, 1–12, and 1 – 14).
• Incorporates policy for Implementation of the Law Enforcement Officers Safety Act of 2004; pertaining to the requirements of a qualified law enforcement officer under 18 USC 926B and 18 USC 926C (paras 2 – 11 and 2 – 12).
• Incorporates policy for Authorization for Law Enforcement Officers to Carry Privately Owned Firearms on Army Installations (para 2 – 13).
• Incorporates policy for authorizing use of less than deadly force by Army law enforcement personnel (chap 4).
AR 190–14 • 1 March 2024 i
Contents (Listed by chapter and page number)
Summary of Change
Chapter 1 Introduction, page 1
Chapter 2 Carrying of Firearms by Law Enforcement and Security Personnel, page 4
Chapter 3 Use of Force, page 16
Chapter 4 Less than Deadly Force, page 17
Chapter 5 Launched Electrode Stun Devices, page 18
Appendixes
A. References, page 21
B. Internal Control Evaluation, page 22
Glossary of Terms
AR 190–14 • 1 March 2024 1
Chapter 1 Introduction
Section I
General
1–1. Purpose This regulation prescribes policy and procedures for authorizing, carrying, and using firearms and the use of force by personnel engaged in law enforcement and security duties. It establishes uniform policy for the use of force by law enforcement and security personnel. It implements Department of Defense (DoD) pol-icy to limit and control the carrying of firearms by Department of the Army (DA) military and civilian per-sonnel. This revision requires that the use of deadly force with firearms be applied equally to personnel using a weapon or equipment which, when properly employed, would exert deadly force.
1–2. References, forms, and explanation of abbreviations See appendix A. The abbreviations, brevity codes, and acronyms (ABCAs) used in this electronic publica-tion are defined when you hover over them. All ABCAs are listed in the ABCA directory located at https://armypubs.army.mil/.
1–3. Associated publications This section contains no entries.
1–4. Responsibilities See section II of this chapter for responsibilities.
1–5. Records management (recordkeeping) requirements The records management requirement for all record numbers, associated forms, and reports required by this publication are addressed in the Records Retention Schedule–Army (RRS – A). Detailed information for all related record numbers, forms, and reports are located in Army Records Information Management System (ARIMS)/RRS – A at https://www.arims.army.mil. If any record numbers, forms, and reports are not current, addressed, and/or published correctly in ARIMS/RRS – A, see DA Pam 25 – 403 for guidance.
1–6. Applicability The provisions of this regulation do not apply to DA personnel engaged in military operations and subject to authorized rules of engagement, or assigned to duty in the following areas or situations, as defined by an executive order, a Department of Defense Directive (DoDD), or an Army regulation (AR)––
a. In a designated combat zone.
b. In a designated hostile fire area when rules of engagement apply, or when the combatant com-mander issues operations orders setting forth different criteria.
c. When under the operational control (OPCON) of another Federal agency carrying firearms in support of the mission is subject to the approval and requirements of both the Federal agency and DA.
d. In a civil disturbance mission area.
e. When DA personnel perform training missions.
f. When special agents and investigators assigned to the U.S. Army Criminal Investigation Division
(USACID) are specifically authorized by the Director, USACID to deviate from the provisions of this regu-lation in execution of a particular law USACID mission.
1–7. Firearms
a. DA personnel engaged in law enforcement, law and order, security, or protective service missions, including Department of the Army Civilian Police (DACP) and Department of the Army security guards (DASGs), who are authorized to be armed under this regulation will be appropriately armed and have the inherent right to self-defense. Under DoD policy, however, the use of deadly force is justified only when there is a reasonable belief that the subject of such force poses an imminent threat of causing death or serious bodily harm, or under the circumstances described in DoDD 5210.56.
https://armypubs.army.mil/ https://www.arims.army.mil/
AR 190–14 • 1 March 2024 2
b. Authorization to carry a firearm includes the authority for the firearm to be loaded with ammunition. A firearm will be considered loaded when a magazine containing ammunition is placed in the firearm and/or a round of ammunition is placed in the chamber of the firearm.
c. Arming of DA personnel will be limited and controlled. Qualified personnel engaged in the activities listed in paragraph 1–7a will be armed when required for assigned duties and there is a reasonable ex-pectation that installations, property, or lives will be jeopardized if those personnel are not armed. The de-cision to arm DA personnel will be made after considering the possible consequences of accidental or in-discriminate use of the arms. The overriding factors to be considered in determining whether to arm DA personnel are the mission and threat. Arming those not regularly engaged in or directly supervising secu-rity or law enforcement activities will be limited to missions or threats and the immediate need to protect lives and DA assets.
d. Screening pursuant to the Gun Control Act, to include the Brady Handgun Violence Prevention Act or Lautenberg Amendment, will be accomplished prior to authorizing any person to carry a firearm.
e. DA personnel will only use the amount of force, including less than deadly force and deadly force, reasonably necessary as assessed under the totality of circumstances to carry out their duties.
1–8. Safeguarding firearms
a. An individual authorized to carry a firearm is responsible for ensuring proper safeguards are followed to prevent the loss, theft, and accidental or unauthorized use of the firearm.
b. Government-issued firearms will be returned to a designated control point upon completion of an as-signment or mission in accordance with AR 190 – 11.
c. Personnel will return firearms approved for official duties to an armory, secure storage area, or other approved location, pursuant to this regulation, for accountability and safekeeping upon completion of their official duties or training, or when, at any time, the security of the firearm could be compromised.
d. Personnel authorized to retain, transport, and store Government-issued firearms at Government or non-Government locations will be provided a safety-lock device and instructions for its proper use in ac-cordance with DoDD 5210.56.
e. The Director, USACID, may authorize exceptions to these requirements for criminal investigators or other specifically designated USACID personnel.
f. The transporting of firearms will comply with AR 190 – 11 and DoDD 5210.56.
Section II
Responsibilities
1–9. Inspector General The IG will inspect compliance of this regulation.
1–10. Deputy Chief of Staff, G – 1 The DCS, G – 1 will—
a. Ensure that the official records of personnel who have been convicted in any court of a misdemeanor crime of domestic violence are appropriately annotated to prevent them from receiving firearms or ammu-nition in compliance with Section 922(g)(9), Title18, United States Code (18 USC 922(g)(9)).
b. Advise and assist the Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)) to establish procedures to prevent employment of Army civilian personnel in law enforcement, security, counterintelligence, and personnel protection positions if they are disqualified from receiving a firearm or ammunition under 18 USC 922(g).
c. Advise and assist the ASA (M&RA) to ensure civilian personnel management policies support a skilled and professional civilian police and security guard work force. These policies include, but are not limited to, recruitment and placement, reassignment and termination, job evaluation, classification, pay administration, development of model job descriptions and pay grades in coordination with the Office of the Provost Marshal General (OPMG), incentives, employee relations and morale, uniform allowances, performance appraisal, training, and career development.
d. Act as the principal point of contact with the Office of Personnel Management concerning civilian per-sonnel management matters affecting civilian police and security guards.
AR 190–14 • 1 March 2024 3
1–11. The Judge Advocate General TJAG will ensure that servicing SJAs and other legal advisors provide commanders and law enforcement personnel with advice and counsel on law and policy governing the carrying of firearms for personal pro-tection, and the use of deadly force for law enforcement and security purposes.
1–12. Provost Marshal General The PMG will—
a. Serve as the SECARMY’s designee for carrying out the responsibilities assigned to the SECARMY in DoDD 5210.56.
b. Assist the ASA (M&RA) to develop and oversee policies, programs, guidance, oversight, and coordi-nation for the carrying of firearms and the use of force by personnel performing law enforcement, security, and personnel protection duties.
c. Coordinate with the Commanding General (CG), U.S. Army Training and Doctrine Command (TRADOC), the U.S. Army Military Police School (USAMPS) to develop and propose resourcing strate-gies required to support Army law enforcement officer (ALEO) firearms training, certification, and opera-tions.
d. Validate requirements and resources required to support the Army’s law enforcement, security, and protective Services missions.
e. Authorize appropriate personnel to carry, retain, transport, and store Government-issued firearms at Government or non-Government locations as permitted by this regulation.
f. Establish and maintain close liaison with local military and civilian law enforcement and intelligence agencies to facilitate the collection of any information that could adversely affect the safety and security of DoD personnel or official guests of the DoD.
1–13. Director, U.S. Army Criminal Investigation Division The Director, USACID will establish policies and procedures, in accordance with DoD and Army policy, for the carrying, security, and transporting of firearms, use of force, and protective services concerning all USACID law enforcement personnel (special agents and military police (MP)), assigned to or under the OPCON of USACID.
1–14. Garrison commanders, directors of emergency services, provost marshals, and designated security and/or law enforcement commanders Garrison commanders, directors of emergency services, provost marshals (PMs), and designated security and/or law enforcement commanders will—
a. Enforce and comply with policies, procedures, and requirements of this regulation, to include screen-ing, training, equipping, and monitoring those authorized to be armed, as well as related requirements in
AR 190 – 11.
b. Regularly monitor civilian local law enforcement and court records, via coordination authorized under memorandums of agreement (MOAs), to determine whether there have been convictions in any court of a misdemeanor crime of domestic violence involving any individual who is authorized to carry a weapon un-der the provisions of this regulation or who lives or uses services on the installation. Any such information will immediately be provided to the commander or director of any person authorized to carry a Govern-ment weapon by law enforcement, or security, or to the senior commander for other individuals.
c. Ensure that individuals authorized to carry weapons are issued and use appropriate personal protec-tive equipment for the duty or task assigned for individual safety and mission assurance.
d. Ensure personnel to be armed are qualified and trained on the use of all firearms authorized to be carried according to this regulation, AR 190 – 56 and host-nation requirements as applicable.
AR 190–14 • 1 March 2024 4
Chapter 2 Carrying of Firearms by Law Enforcement and Security Personnel
2–1. Authorizations
a. The authorization to carry firearms will be issued only to qualified personnel when there is a reasona-ble expectation that life or DA assets will be jeopardized if firearms are not carried. Evaluation of the ne-cessity to carry a firearm will be made considering this expectation weighed against the possible conse-quences of accidental or indiscriminate use of firearms.
b. DA personnel regularly engaged in law enforcement (including specific counterintelligence duties), in accordance with AR 381 – 20, personal security details in accordance with DoDI O – 2000.22, and person-nel protection duties will be armed. DA personnel engaged in security and operational counterintelligence duties or counterintelligence investigations, may be armed. Authorization to carry firearms may be granted to authorized personnel who have been briefed and trained to––
(1) Conduct law enforcement activities including investigation of espionage, sabotage, or other serious crimes in which DoD programs, personnel, or property are the victim, and in cases where DoD personnel are involved in serious crimes, or where investigations are conducted in dangerous areas or under haz-ardous circumstances.
(2) Protect DoD personnel.
(3) Protect classified information, systems, or equipment.
(4) Protect the President of the United States, high-ranking Government officials, DoD personnel, or foreign dignitaries.
(5) Protect DoD assets.
(6) Guarding prisoners.
(7) Conduct access control and/or security at installation perimeters, mission essential vulnerable ar-eas, or high risk target locations.
c. DACP and DASG will be provided with the weapons, ammunition, and security equipment needed to perform their assigned duties. Contract security guards (CSGs) arming requirements will be conducted in accordance with the performance work statement (PWS). See AR 190 – 56 for additional requirements for DACP, DASG, and CSG personnel.
d. The use of privately-owned firearms (POFs) and/or ammunition by Federally employed personnel in the performance of assigned duties is strictly prohibited, except as authorized by DoDD 5210.56 and ex-cept for USACID special agents as approved in accordance with DoDD 5210.56 and AR 195 – 2.
e. DA personnel may be authorized to carry firearms while engaged in protecting personnel, vital Gov-ernment assets, or guarding prisoners.
f. The terms of official agreements between the United States and host governments, and implementing instructions issued by senior commanders of overseas areas, will govern the arming of DA personnel and local or foreign nationals employed by the DA in foreign countries.
(1) Commanders of Army commands (ACOMs), Army service component commands (ASCCs), and direct reporting units (DRUs) should establish a coordination requirement with the following: Office of the Staff Judge Advocate (OSJA); G – 5, International Operations Division (IOD); G – 8, Agreements; and G – 3/4, Protection, to gain U.S. Embassy support to combatant commands (COCOMs), ASCC, Coalition Forces Land Component Command (CFLCC) arming for self-defense, security, escort, and law enforce-ment missions and operations in support of Chairman of the Joint Chiefs of Staff (CJCS) standing rules for the use of force (SRUF), status of forces agreement (SOFA) permissions, and directed missions.
(2) Commanders of ACOMs, ASCCs, and DRUs should establish a coordination requirement with their OSJA; G – 5, IOD; G – 8, Agreements and G – 3/4, Protection, to gain receiving nation and/or host-nation permission to COCOM, ASCC, CFLCC arming for self-defense, security, escort, and law enforcement missions and operations in support of CJCS SRUF, SOFA permissions, and directed missions.
g. The authorization to issue firearms and ammunition and to carry concealed firearms by USACID spe-cial agents will be governed by policies and procedures established by the Director, USACID.
h. The authorization to issue firearms and ammunition and to carry concealed firearms by counterintelli-gence agents employed by DA will be governed by AR 381 – 20 and this regulation.
2–2. Authorizing officials
a. Battalion commanders in the chain of command or civilian equivalent in the chain of supervision are the approval authority to authorize the open-carrying of government-issued firearms for security duties
AR 190–14 • 1 March 2024 5 described in paragraph 2 – 3. Concealed carrying of government-issued firearms for law enforcement or security duties must be approved by an O – 6 commander in the chain of command or a general schedule (GS)–15 civilian supervisor in the chain of supervision.
b. The carrying of firearms for personal protection will only be approved on a case-by-case basis in ac-cordance with paragraphs 2–3g, 2 – 10, and 2 – 11. Commanders of ACOMs, ASCCs, and DRUs, or their appointed representative, outside the United States may authorize the carrying of firearms for personal protection, in concurrence with legal review and any applicable SOFAs.
c. The Director, USACID, or an appointed representative will authorize the carrying of firearms for USACID special agents and MP, assigned to or under the OPCON of USACID.
2–3. Authority to carry firearms
a. Due to the serious responsibility imposed on personnel authorized to carry firearms during the per-formance of law enforcement or security duties these personnel must be selected with care.
b. Authorization to carry a firearm includes the authority for the firearm to be loaded with ammunition. A firearm will be considered loaded when a magazine containing ammunition is placed in the firearm and/or a round of ammunition is placed in the chamber of the firearm and the safety selector lever in the “safe” position. Firearm status codes will be used to identify how the firearm will be carried while on duty outside the continental United States (OCONUS) and overseas.
(1) Green: A firearm without a magazine and no ammunition in the chamber.
(2) Amber: A firearm with a loaded magazine containing ammunition placed in the firearm. No round of ammunition in the chamber.
(3) Red: A firearm with a loaded magazine containing ammunition placed in the firearm and a round of ammunition in the chamber. Senior or garrison commanders maintain the authority to restrict carrying a firearm in “red” status (except USACID special agents or when it violates SOFAs). Unless otherwise spec-ified by local policy, authority to carry a loaded firearm will be implied by the issuance of ammunition with the firearm.
c. Law enforcement and credentialed counterintelligence personnel are authorized to carry jacketed hollow point (JHP) ammunition (A260 or equivalent) within the United States when performing law en-forcement duties.
d. JHP ammunition is not authorized for use in combat or in some countries depending on the criteria in the SOFA. Coordination with the U.S. Embassy in the applicable country should be conducted before traveling with JHP. Law enforcement personnel traveling to locations where JHP is not authorized will be issued ball ammunition (A363 or equivalent).
e. Supervisors of law enforcement and security personnel, to include non-uniformed PM and/or Direc-torate of Emergency Services (DES), are prohibited from carrying firearms in performance of their duties unless authorized in accordance with paragraph 2 – 10.
f. Supervisors of law enforcement and security personnel, to include non-uniformed PM and/or DES, are also prohibited from carrying firearms for personal protection except for overseas duties or in accord-ance with paragraph 2 – 10.
g. CSGs may be either armed or un-armed as determined by the contract PWS. If CSGs are armed, the PWS will state that all provisions of this regulation apply to the CSGs when those forces operate un-der Federal jurisdiction and are not subject to State or host-nation law.
h. DA military and civilian personnel may be authorized to carry firearms for personal protection when the responsible headquarters intelligence center or office identifies a predictable and specific threat against DA personnel in that regional area. Firearms will not be issued indiscriminately for that purpose.
Before individuals are authorized to carry a firearm for personal protection under this regulation, the au-thorizing official must evaluate––
(1) The probability of the threat in a particular location.
(2) The adequacy of support by DA or DoD protective personnel.
(3) The adequacy of protection by United States or host-nation authorities.
(4) The effectiveness of other means to avoid personal attacks.
2–4. Authorization procedures
a. Procedures will be established to ensure that any individual being issued a firearm has a written au-thorization in effect before the weapon is issued.
AR 190–14 • 1 March 2024 6
b. Except in situations requiring immediate action to protect life or vital Government assets, all authori-zations to carry firearms by personnel will be, in writing, signed by the appropriate authorizing official, and issued only to personnel who are eligible to carry firearms as specified in paragraph 2 – 6.
c. Personnel traveling from the continental United States (CONUS) to an overseas area in a temporary duty (TDY) status must obtain advanced authorization from the applicable overseas authorizing official to carry a firearm for personal protection in that overseas area.
2–5. Authorization documentation
a. Written authorization documents will consist of one of the following: memorandum or amended or-ganizational roster. Minimum information to be included in the authorization memorandum is as follows:
(1) Individual's name, rank, and activity or organization.
(2) The type and serial number of the firearm to be carried.
(3) The inclusive dates of the authorization and a statement that the individual is authorized to carry the firearm described in connection with official duties during the period indicated, and whether the weapon is authorized to be carried openly, concealed, or both.
(4) Declaration as to whether the firearm can be carried off the installation in conjunction with official duties.
(5) Name, title, rank, and signature of the authorizing official.
b. Local command procedures will be established to immediately withdraw authorization to carry a fire-arm when a person is no longer required, eligible, or qualified.
c. Written authorization is not required to be maintained or carried by the individual while the firearm is carried.
d. DA military and civilian personnel regularly assigned to law enforcement, security, counterintelli-gence, and protective services duties may be given a continuing authorization to carry firearms provided they achieve and maintain eligibility and qualification standards as listed in AR 190 – 56 and this regula-tion. Continuing authorizations will not exceed 1 year without review or renewal by the authorizing official.
e. Personnel assigned firearms for personal protection under the provisions of paragraph 2 – 10 or 2 – 11, will be authorized to carry firearms on a case-by-case basis and written authorization issued only for the duration of specific assignment or threat. Individuals carrying firearms for personal protection must comply with all qualifying requirements specified in this regulation.
f. Special agents, investigators, and other law enforcement personnel assigned to or under the opera-tional control of USACID, are authorized to carry firearms (concealed or unconcealed) in accordance with instructions issued by the Director, USACID. Unless specifically restricted by the Director, this includes the authority to authorize, at the Director’s discretion, the carrying of firearms (concealed or unconcealed) by USACID personnel at all times, whether on or off duty. The Director, USACID will ensure instructions for the carrying of firearms comply with host-nation laws and/or SOFA provisions when conducting opera-tions OCONUS.
g. With the exception of USACID special agents, travel orders of personnel carrying firearms must state whether––
(1) Personnel are authorized to carry a firearm while TDY or permanent change of station.
(2) The firearm may be carried openly, concealed, or both.
2–6. Eligibility requirements
a. To be eligible to carry a firearm while performing law enforcement, security, or personal protection duties personnel must maintain current weapons qualification and meet mandatory training requirements.
Records of individual training must be retained for as long as the individual remains eligible to carry a fire-arm.
b. Mandatory training must include––
(1) A thorough briefing on individual responsibilities.
(2) Use of force training.
(3) Instructions on safety functions, capabilities, limitations, and maintenance procedures for the firearm to be carried.
c. As a minimum, proficiency testing will include annual qualification firing according to Army qualifica-tion standards for the type of weapon being carried.
(1) ALEOs will qualify twice annually. CSG will qualify in accordance with the PWS.
AR 190–14 • 1 March 2024 7
(2) Ranges meeting the requirements established by the CG, TRADOC for weapons qualification are preferred. When ranges do not exist because of safety or resource constraints, the responsible ACOM, ASCC, or DRU commander may permit deviations in writing. Alternate range configurations approved by recognized Federal, State, or local law enforcement agencies (for example, International Association of Chiefs of Police and State police academies) may be utilized for qualification and/or familiarization pur-poses.
d. The Director, USACID will include in internal policies weapon qualification standards for all personnel assigned or under the OPCON of USACID who are authorized to carry firearms in the performance of their duties.
2–7. Restrictions on carrying firearms
a. Firearms may be carried off an installation or site by DA personnel engaged in official duties only when they have appropriate authorization provided under Federal law and are––
(1) Not in violation of State or Federal territory law or host-nation agreements.
(2) Properly trained as law enforcement officers or security personnel.
(3) Authorized by an O – 4 commander or above in the chain of command, or the civilian equivalent or above in the chain of supervision for open-carrying and authorized by an O – 6 commander or above in the chain of command or the civilian equivalent in the chain of supervision for concealed carrying.
b. Only Government-owned and Government-issued firearms and ammunition are authorized to be car-ried by DA personnel while performing official duties. The SECARMY may authorize an exception to this requirement for specific Army organizations or specific situations requiring the carrying of firearms and/or special ammunition.
c. Firearms will not be carried within prisoner domicile and work areas, inside closed neuropsychiatric wards, or hospital prison wards. No further restrictions on carrying firearms in medical treatment facilities may be imposed on personnel performing law enforcement, security, counterintelligence, or personnel protection duties.
d. The provisions in paragraph 2 – 7 do not apply to personnel assigned to or under the OPCON of USACID. Personnel assigned to or under the OPCON of USACID may carry firearms outside of DoD fa-cilities and installations in accordance with policies and procedures issued by the Director, USACID. Per-sonnel assigned to or under the OPCON of USACID may carry POFs in the execution of official duties in accordance with DoDD 5210.56 and policies issued by the Director, USACID.
2–8. Persons prohibited from carrying firearms
a. The following persons are not authorized to carry firearms:
(1) Those who are disqualified from receiving a firearm or ammunition under 18 USC 922(g).
(2) Those exhibiting behavior inconsistent with acceptable criteria, guidelines, or standards as defined in AR 50 – 5, AR 50 – 6, AR 190 – 56, or AR 380 – 67.
(3) Those with medical conditions, traits or behavioral characteristics defined as disqualifying factors in
AR 50 – 5, AR 50 – 6, AR 190 – 56, or AR 380 – 67.
(4) Those whose security clearance has been, suspended, revoked, or denied under AR 50 – 5, AR
50 – 6, AR 190 – 56, or AR 380 – 67.
(5) Those taking prescription drugs or other medications that, according to their usage instructions may produce; drowsiness, impaired reaction, or reduced judgment.
(6) Anyone resulting in a positive drug test in accordance with AR 600 – 85.
b. Personnel authorized to carry firearms are prohibited from any measurable blood alcohol content
(BAC) (BAC that exceeds 0.00) while on duty. An officer in the chain of command or supervisory chain in the grade of GS – 15/O – 6 or above (or civilian equivalent and/or position title) may grant an exception to this provision for USACID special agents and supervisors, military police investigators (MPIs), and DA Ci-vilian investigators operating in a covert role. Personnel assigned to or under the OPCON of USACID may be exempted from this provision while in the execution of certain missions as prescribed in policies issued by the Director, USACID.
c. Any violation of this paragraph is punishable under the Uniform Code of Military Justice (UCMJ), Arti-cle 92 for Servicemembers and may result in administrative or adverse action for civilian employees.
AR 190–14 • 1 March 2024 8
2–9. Carrying concealed firearms while on duty
a. Military or civilian personnel may carry concealed firearms while performing law enforcement, secu-rity, counterintelligence, and personnel protection duties if carrying firearms openly would compromise their mission.
b. Personnel authorized to carry concealed firearms will possess documentation identifying their law enforcement, security, counterintelligence, or personnel protection duty status and authorization to carry a concealed firearm. During covert operations, field grade commanders, PMs, or DESs may waive the re-quirement to carry identifying documentation if it could compromise the mission or endanger the life of the person carrying the weapon (requires sufficient control over operations to ensure that authorization and identification can be readily verified if required). A waiver for these situations does not preclude the re-quirement for written authorization to carry a firearm as prescribed in paragraph 2 – 4 of this regulation.
c. Personnel assigned to or under the OPCON of USACID may carry concealed weapons in accord-ance with paragraph 2–5f.
2–10. Carrying firearms for personal protection on Army installations This paragraph implements section 526 of Public Law 114 – 92.
a. This paragraph establishes policy for determining Servicemember eligibility to carry a POF on an Army installation, center, facility, or standalone facility (SAF) located on DoD property for personal protec-tion not related to the performance of official duties or duty status.
b. This paragraph establishes a process for covered Servicemembers to request permission to carry a POF inside their privately-owned vehicles (POVs) for personal protection reasons, identifies the arming authority who may approve such requests, and establishes requirements for individual training and stand-ards for carrying, safeguarding, and storing POFs transported on an Army installation.
c. This paragraph does not provide procedures to request, or the authority to approve, the carrying of POFs outside POVs (unless otherwise authorized) or inside a Federal facility (as addressed in 18 USC
930) on an Army installation for personal protection. If covered Servicemembers approved to carry a POF in accordance with this regulation reside on the installation, they are authorized to carry the POF directly to and from their domicile and POV.
d. This paragraph does not apply to Servicemembers who are otherwise approved to carry firearms for the performance of official duties.
e. International military students (IMSs) and accompanying Familymembers, regardless of their country of origin, are prohibited from transporting, possessing, storing, or using a POF on Army installations or property. IMSs and their accompanying Familymembers are also prohibited from transporting, pos-sessing, storing, or using ammunition not provided by the Army explicitly for use in official IMS training on Army installations or property. For additional information on IMS POF restrictions, refer to AR 12 – 15.
f. SAFs include reserve centers, recruiting centers, and medical facilities not collocated with the senior commander of an Army installation.
g. Covered Servicemembers are those personnel assigned duty on an Army installation or joint base where the Army is the host organization.
h. Before requesting authorization to carry a POF, a covered Servicemember must file a complaint or report with local, State, or Federal law enforcement authorities and a separate complaint or report with installation law enforcement authorities. Servicemembers requesting to carry a POF on SAFs need not file with installation law enforcement authorities. Covered Servicemembers must provide to the arming authority credible and convincing information that establishes a reasonable basis to conclude they are subject to a life-threatening violent act that is not related to the performance of official duties or duty sta-tus. The arming authority for an Army installation may authorize covered Servicemembers to carry a POF on the Army installation for personal protection.
i. Arming authorities will verify that covered Servicemembers are not the subject of past or pending dis-ciplinary action under the UCMJ that calls into question their fitness to carry a firearm and that they have not been convicted of, nor are currently pending, charges for violation of a State or Federal criminal law in the civilian criminal system for any offense that could result in incarceration or for any offense listed in 18 USC 922d(9) (the 1996 Lautenberg Amendment to the Gun Control Act of 1968). Covered Servicemem-bers must also satisfy the following criteria to be eligible to carry a POF in accordance with this regulation:
(1) File a complaint or report with local, State, or Federal law enforcement authorities and installation law enforcement authorities (where applicable) articulating the life-threatening act to which they are sub-ject.
AR 190–14 • 1 March 2024 9
(2) Provide credible and convincing information that they are subject to a life-threating act not related to the performance of official duties or duty status.
(3) Be at least 21 years of age, pursuant to 18 USC 922(b).
(4) Demonstrate competence with a handgun.
(5) Comply with all applicable Federal, State, and local requirements (as well as host-nation laws when stationed overseas) to possess, carry, and conceal a firearm.
j. Covered Servicemembers will request authorization via memorandum that includes the following de-tails:
(1) A specific description of the POF (handgun only) to be carried, including the make/model, serial number, caliber (not to exceed .45 caliber), type (such as revolver, semiautomatic, or single shot), and number of rounds (not to exceed 30 or the maximum allowed by Federal, State, and local law and regula-tion).
(2) An affirmation that they will abide by the following requirements:
(a) Will not possess a firearm while under the influence of alcohol or other intoxicating or hallucinatory drug or substance that would cause drowsiness or impair judgement.
(b) Will comply with all applicable Federal, State, and local requirements to possess, carry, and conceal a firearm (as well as host-nation laws when stationed overseas).
(c) Will satisfy all requirements for carry, transport, and temporary storage of a POF in a POV under this regulation.
(d) Will possess an approved gun storage device, as defined by 18 USC 926a.
(e) Will secure the POF in an approved gun storage device, inside the locked passenger compartment, and out of public view, before exiting the POV.
(f) Will carry and temporarily store POFs on the installation only in POVs, such as cars, sedans, and trucks, with lockable (key and lock) passenger compartments.
(g) Will transport on an Army installation only the POF for which the arming authority provides approval.
(h) Will be personally liable for injuries, death, and property damage proximately caused by their ac-tions connected with the possession or use of a POF.
(i) Will inform the arming authority of any change in circumstance that could affect authorization to carry a POF.
(j) Will comply with Federal, State, and local law for the possession and use of POFs, including laws for the reasonable use of deadly force, self-defense, and accidental discharge. Covered Servicemembers will also comply with host-nation laws when stationed overseas.
k. Covered Servicemembers will provide all supporting documents necessary to establish their eligibility in accordance with this paragraph:
(1) Credible and convincing information to establish a reasonable basis to conclude the covered Ser-vicemember is subject to a life-threatening violent act (not related to the performance of official duties or duty status) must include a law enforcement report as well as any protective order and the covered Ser-vicemember’s sworn statement. Credible and convincing information may also include hospital/medical records, sworn witness statements, emails, text messages, threatening voicemails, and photographs.
(2) Competence with a handgun may be demonstrated by submitting a certificate of completion for a firearms safety training course run by a police agency or hosted or approved by DoD or State, local, or tribal governments.
(3) Covered Servicemembers must complete DD Form 2760 (Qualification to Possess Firearms or Am-munition) as self-verification that they have never been convicted of a crime of domestic violence.
(4) Covered Servicemembers must have their commander’s complete DA Form 7708 (Personnel Relia-bility Screening and Evaluation) to verify their eligibility to possess a firearm.
(5) Company-level commanders will use the Commander’s Risk Reduction Toolkit to provide a memo-randum certifying, to the best of their knowledge, that covered Servicemembers meet the following re-quirements:
(a) The covered Servicemember has never been convicted of, nor is currently pending, charges for a violation of the UCMJ, State, or Federal criminal law for any offense that could result in incarceration or for any offense listed in Title 18, U.S. Code, Section 922d(9) (18 USC 922d(9)).
(b) The covered Servicemember has not been the subject of, nor is currently pending, disciplinary ac-tion in accordance with 10 USC, Chapter 47 (the UCMJ), for any offense that otherwise calls into question the fitness to carry a firearm.
AR 190–14 • 1 March 2024 10
(6) If covered Servicemembers request authorization to carry a POF onto an Army SAF located on DoD property, they must provide documentation verifying completion of training contained within the U.S. Army Military Police School training support package (TSP) 191 – SAFAFPM (available at https://atiam.train.army.mil/).
l. Covered Servicemembers must submit their requests, with all documentation described in para-graphs 2–10k, 2–10l, and 2–10m of this regulation, to their company-level commanders, who will not ap-prove or disapprove the request. Company-level commanders will verify the following information before forwarding the request to the arming authority through the chain of command:
(1) The covered Servicemember satisfies all eligibility requirements.
(2) To the best of their knowledge, the need for personal protection against a life-threating act is not related to the covered Servicemember’s official duties or duty status.
m. For the purposes of this paragraph, the arming authority is the senior commander of the Army instal-lation as defined in AR 600 – 20. For Army SAFs located on DoD property, the first general officer or sen-ior executive service civilian in the chain of command is the arming authority.
n. The arming authority may approve carry of a POF only on Army installations or SAFs located on DoD property for which the Army maintains jurisdiction and where covered Servicemembers are assigned under the arming authority’s command.
o. The arming authority must determine there is credible and convincing information that the covered Servicemember faces a life-threatening act not related to the performance of official duties that requires the carry of a POF while traveling in their POV on an Army installation.
p. All decisions will be in writing (copies furnished to the requestor and the chain of command) and, if approved, will specify the duration of the carry period and state that the covered Servicemember satisfies all requirements for carrying the POF.
q. The arming authority may authorize covered Servicemembers to carry a POF on an Army installation as long as the arming authority deems necessary, not to exceed 90 days. The arming authority may grant extension requests submitted by covered Servicemembers, in 90-day increments, for the duration of the threat.
r. Once approved, the covered Servicemember must register the approved POF in the Army Law En-forcement Reporting and Tracking System (ALERTS) by visiting the installation Provost Marshal Office (PMO) or the DES. At Army installations that do not have a PM or DES office, the chain of command will create a memorandum for record and maintain a roster for tracking authorized POFs.
s. Once the arming authority determines the threat no longer exists and the carrying of a POF is no longer warranted, the chain of command will notify, in writing, the Servicemember and the PMO/DES so the authorization is removed from ALERTS.
t. A POF authorized for carry may be carried only inside the covered Servicemember’s POV (unless otherwise authorized), unloaded or loaded, in a holster worn on the body or inside a glove box, center con-sole, or gun storage device concealed from public view, consistent with Federal, State, and local laws and regulations. Covered Servicemembers must also comply with host-nation laws when stationed over-seas.
u. Before exiting the POV, covered Servicemembers will ensure that the POF is properly stored in ac-cordance with this paragraph. Covered Servicemembers may not carry a POF outside the POV unless they are defending themselves in the immediate vicinity of the POV against an imminent, life-threatening act.
v. A POF authorized for carry inside a POV may be stored for no longer than 24 consecutive hours.
The POF must be stored in the locked passenger compartment of the Servicemember’s POV in the same arming status (that is, loaded or unloaded) as when initially carried onto the Army installation.
w. A POF authorized for carry inside a Servicemember’s POV must be stored in a locked gun storage device that is concealed from public view. The glove box or center console do not constitute locked gun storage devices for purposes of storing the POF.
x. During the 90-day approval period, covered Servicemembers will self-report to the arming authority any changes in prescribed or over-the-counter drug use that may cause drowsiness or impair judgment.
The arming authority may suspend or revoke the approval and, in so doing, will help covered Service-members to prepare a safety plan during the period of suspension or revocation.
y. Commanders of covered Servicemembers will, within 24 hours, report to the arming authority any information that calls into question a covered Servicemember’s fitness to carry a firearm, such as abuse of illegal drugs or alcohol or change in behavioral health status.
https://atiam.train.army.mil/
AR 190–14 • 1 March 2024 11
z. This paragraph is punitive. Covered Servicemembers who violate this policy may be subject to pun-ishment under the UCMJ. Even if certain acts do not specifically violate the provisions of this regulation, they may be inappropriate or violate civilian personnel guidance. Commanders must seek the advice and counsel of their legal advisors when taking actions pursuant to this paragraph.
2–11. Carrying firearms for personal protection, Law Enforcement Officers Safety Act
a. This paragraph implements 18 USC 926B and 18 USC 926C. The procedures in this paragraph comply with DoDI 5525.12.
b. The provisions of this paragraph apply to the Regular Army, Army National Guard (ARNG), and U.S.
Army Reserve (USAR) law enforcement personnel. This paragraph also applies to ALEOs.
c. Pursuant to 18 USC 926B, notwithstanding any other provision of the law of any State or political subdivision thereof, an individual who is a qualified law enforcement officer as defined in this regulation, and who is carrying the identification described, may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, while in an off-duty status for personal protection. For the purposes of this paragraph, Army counterintelligence agents who have been authorized the issuance of badges and credentials to conduct counterintelligence investigations are also considered to be qualified law enforcement officers.
d. Individuals who receive a Law Enforcement Officers Safety Act (LEOSA) credential from the U.S.
Army must comply with this policy and all applicable Federal laws governing the carrying of firearms. The Army has no liability and will not provide legal defense, absent that required by law, for any individual in-volved in use of force incidents involving POFs carried pursuant to this regulation. The Army’s role under LEOSA is solely to determine whether an applicant is qualified to carry a concealed firearm pursuant to 18 USC 926B or 926C.
e. The Army will bear no cost for training related to, or issuance of, LEOSA credentials. The Army will not provide firearms, ammunition, or firearms qualification services for retired ALEOs or currently serving ALEOs who are not otherwise qualified by their unit. Use of appropriated funds for the qualification of re-tired law enforcement officers is prohibited.
f. This paragraph does not create any rights, privileges, or benefits—substantive or procedural—en-forceable by any party against the United States; its departments, agencies, or other entities; its officers;
or any other persons.
g. This paragraph does not permit the carry of POFs on Federal installations (including standalone and leased facilities) or other locations on which carrying a concealed firearm is not authorized by Federal statute, unless otherwise authorized.
h. This paragraph does not limit the authority of military commanders (as set forth in 18 USC 930, 50 USC 797, and DoDI 5200.08) to deny entry to individuals or items based on current security or force pro-tection conditions.
i. This paragraph does not limit the laws of any State that permits private persons or entities to prohibit or restrict the possession of concealed firearms on their property or any State that prohibits or restricts the possession of firearms on any State or local government property, installation, building,…
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