From: Det. Tom Mooney, I have added my comments in order to explain the meaning behind some of the changes in the law. My remarks will be in the color Orange. I am not an attorney and did not write the language in this law. Some parts are confusing, so use your judgement in this matter. I was involved in the drafting and hearings that took place, contact me if you have questions not answered here.
Sgt. Steven Melaragno and Officer Kenneth Vinacco (Providence PD) were also involved in the draft and hearings, they can also answer any questions you might have.

9 7 -- S 0613

===== DT397 =====

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1997 __________

A N A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

Introduced By: Senators Kells and Damiani Date Introduced: February 11, 1997 Referred To: Senate Committee on Judiciary

It is enacted by the General Assembly as follows

SECTION 1. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended by adding thereto the following section:

{ADD 11-47-15.3. Commission on law enforcement standards and training. -- ADD} {ADD (A) In lieu of the provisions of sections 11-47-15.1, 11-47-15.2 and 11-47-17; each law enforcement department of this state and its political subdivisions may, on an annual basis, submit to the commission on law enforcement standards and training, herein after referred to as the commission, a proposal for the training and qualification of their officers on all firearms which they are authorized to carry or use in the performance of their official duties.

(B) Each such proposal shall include training and qualification in the following areas:

Section (B) Makes mandatory that agencies now include a training segment of firearms. Prior to this only the state qualification had to be shot annually. Qualification and Training are 2 distinct requirements that all officers must participate in annually. Qualification and Training do not have to occur on the same day, they only need to be accomplished annually. The following 8 points deal with requirements that you must address in your annual qualification course or in annual training.

(1) decision shooting EXAMPLE-THREAT VS NON-THREAT TARGETS

(2) reduced light shooting EXAMPLE - ACTUAL NIGHT FIRING OR REDUCED LIGHT GARGOLES

(3) moving targets EXAMPLE - AS SIMPLE AS ROLLING AN OLD TIRE ACROSS THE RANGE HAVING AND OFFICER SHOT AT A TARGET THAT HAD BEEN PLACE IN THE MIDDLE OF IT. PENDULEM STYLE TARGETS, CABLE/ROPE MOUNTED MOVING TARGETS, RUNNING MAN SYSTEMS, CAN ALSO BE USED

(4) use of cover EXAMPLE-SHOOTING IN A PROPER MANNER FROM A BARRICADE, AUTOMOBLE, MAILBOX, ETC.

(5) nondominate hand shooting SELF EXPLANITORY

(6) alternate position shooting EXAMPLE - KNEELING, SITTING, PRONE, MOVING TO POSITION OF FIRE

(7) reloading drills EXAMPLE - RELOADING PISTOL OR REVOLVER WHERE SMOOTH MOVEMENT AND SPEED ARE EMPHISISED

(8) malfunction drills EXAMPLE - CREATE A MALFUNCTION WITH DUMMY ROUNDS, OFFICRES CLEAR THE WEAPON AND RELOAD, SMOOTH MOVEMENT AND SPEED ARE EMPHISISED

(C) A minimum number of one hundred (100) rounds shall be fired by each officer during the training and qualification. THIS SEEMS TO BE A BIG AREA OF CONFUSSION: ALL OFFICER ARE REQUIRED TO SHOOT 100 ROUNDS PER YEAR. (NOT 200)

(D) Qualification shall be no less than twenty percent (20%) nor more than fifty percent (50%) of the total rounds fired. A minimum qualifying score shall be sixty-six percent (66%) of the rounds fired during the qualification phase. THIS SECTION SETS ONE OF THE PERRAMERTERS FOR DESIGNING YOUR QUALIFICATION COURSE.

EACH OFFICER MUST FIRE 100 ROUNDS ANNUALLY
OF THAT 100 ROUNDS, YOUR QUALIFICATION COURSE CAN NOT BE LESS THAN 20 ROUNDS (20% OF 100) AND NOT MORE THAN 50 ROUNDS (50% OF 100).
WHATEVER YOU HAVE LEFTOVER FROM THE QUALIFICATION COURSE YOU CAN USE IN TRAINING TO ADDRESS ANY OF THE 8 POINTS MENTIONED ABOVE.
IF YOU HAVE MET ALL THE REQUIREMENTS AND STILL HAVE ROUNDS LEFT CREATE SOME OTHER TRAINING TO BE SURE ALL OFFICERS FIRE 100 ROUNDS ANNUALLY.

(E) The commission shall review each proposal and, within fourteen (14) days notify the department, in writing, whether the proposal is accepted or rejected. In the case of rejection, the commission shall make recommendations to the department which, if implemented, would make the proposal acceptable. Upon receipt of this notification, the department shall have fourteen (14) days to submit a new proposal that is acceptable to the commission.

The commission is the Police Officers Standards and Training Commission. On 12-01-97 I met with them to discuss what will need to be done to have agencies comply with the law. They voted to have the Rhode Island Law Enforcement Firearms Instructors Association appoint a committee from its members to advise them on the technical matters of qualification and training with firearms. Also on 12-01-97 they approved their first course under this new law. The course is posted in another part of this Web site.
On March 19, 1998 the commission established a protocol for the approval of annual firearms programs. That protocol can be found in the F.A.Q section of this web site.

(F) In the event that a department neglects to submit a proposal to the commission or fails to submit a proposal that is approved by the commission, the officers of that department shall be required to fulfill the requirements for qualification as set out in sections 11-47-15.1, 11-47-15.2, 11-47-17 or 11-47-17.1. This section ensures that an agency that fails to take advantage of the new changes must still comply with the law by doing what the previous statues mandated. This gets very confusing when you read the following section.

(G) All law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place after July 1, 1997, will be required to qualify under the provisions of this section with all weapons which they are authorized to carry or use in the execution of their official duties. Officers hired after July 1, 1997 have to have the 100 rounds qualification and training annually.

(H) Any law enforcement officer of this state and its political subdivisions whose permanent appointment took place prior to July 1, 1997, may elect to qualify under the applicable provisions of sections 11-47-15.1, 11-47-15.2, 11-47-17 or 11-47-17.1. ADD} Officers hired prior to July 1, 1997 can opt for the old methods of qualification. This is the supposed grandfather clause.

SECTION 2. Sections 11-47-15.1, 11-47-16, 11-47-17 and 11-47-17.1 of the General Laws in Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

11-47-15.1. Qualifications required of law enforcement officers appointed after June 6, 1970. -- ADD} {DEL All DEL} {ADD Except as provided in section 11-47-15.3, all ADD} law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place later than (June 6, 1970), shall qualify on the official national rifle association B-21 police combat target firing a score of 165 or better out of a possible score of 250 with fifty (50) rounds in the distance, time period, and position required in the course. {DEL All positions shall be fired double-action. DEL}

Stage A. -- 7 yards 10 shots crouch position, time 25 seconds.

Stage B. -- 12 yards 5 shots point shoulder left hand 5 shots point shoulder right hand, both unsupported and 5 shots kneeling, time 75 seconds.

Stage C. -- 21 yards 5 shots point shoulder left hand supported, 5 shots point shoulder right hand supported, time 45 seconds.

Stage D. -- 25 yards 5 shots prone, 5 shots left hand barricade, 5 shots right hand barricade, time one minute 45 seconds.

All stages are started with the weapon loaded with 5 rounds and holstered.

11-47-16. Certification of qualification. -- The range officer of the Rhode Island state police, the range officer of any city or town police department maintaining a regular and continuing firearms training program, a pistol instructor certified by the National Rifle Association and/or the United States Revolver Association, and other qualified persons as the attorney general may designate are authorized to certify the qualification required by sections 11-47-15 and 11-47-15.1. The certification required by sections 11-47-15 and 11-47-15.1 {ADD and section 11-47-15.3 ADD} shall be accomplished on a form to be prescribed by the attorney general.

11-47-17. Qualifications required of law enforcement officers appointed after June 17, 1959. -- {DEL All DEL} {ADD Except as provided in section 11-47-15.3 all ADD} law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place after June 17, 1959, will be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be the same as that required in section 11-47-15. Constables, special officers, and all law enforcement officers who by law are authorized to carry side-arms and whose appointments are made on a recurring basis will be required to qualify not later than one year following the date of enactment of this section, and their commissions or warrants will be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and will be signed and dated by the certifying authority attesting to that fact. The failure of any law enforcement officer to qualify under the provisions of this section revokes his privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. All law enforcement officers of this state and its political subdivisions will repeat this qualification at periods of not more than one year.

11-47-17.1 Mandatory or discretionary nature of section 11-47-15.1 requirements -- Qualification reports to be filed. -- (a) All law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place later than June 6, 1970 shall be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be as required in section 11-47-15.1 {ADD and 11-47-15.3 ADD} . All permanent appointed law enforcement officers of this state and its political subdivisions who are required to qualify under section 11-47-17, may, at the discretion of the officer, qualify under either sections 11-47-15{ADD , ADD} {DEL or DEL} 11-47-15.1 {ADD or 11-47-15.3 ADD} . The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. Qualification under this section will be required at periods of not more than one year.

(b) Copies of all of the qualification reports shall be filed with the office of the attorney general.

SECTION 3. This act shall take effect upon passage.

EXPLANATION BY THE LEGISLATIVE COUNCIL OF AN ACT RELATING TO CRIMINAL OFFENSES -- WEAPONS

* * *

This act would require police departments to submit proposals for the training and qualifications of their officers on all firearms which they are authorized to carry or use to the commission on law enforcement standards and training.

The act would take effect upon passage. 9 7 -- S 0613

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