IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN THE MATTER OF ) U.S. PRETRIAL SERVICES ) OFFICERS POSSESSING AND ) CARRYING FIREARMS )GENERAL ORDER 93- 05 ) ) On the 8th day of January , 1993, it is ordered that United States pretrial Services Officers appointed by this Court and actively serving in such capacity pursuant to Title 18, United States Code, Sections 3152, 3153, and 3154, shall be authorized to possess and carry firearms for their own protection in the performance of their official duties as Officers of the Court, subject to compliance with conditions set forth in the attached statement: District of Nebraska firearms policy for U. s. Pretrial Services officers. DATED: JANUARY 8 , 1993. BY THE COURT: (signed) LYLE E. STROM, Chief Judge United States District Court (signed) WILLIAM G. CAMBRIDGE United States District Judge (signed) RICHARD G. KOPF United States District Judge DISTRICT OF NEBRASKA FIREARMS POLICY FOR U. S. PRETRIAL SERVICES OFFICERS Page -2- POLICY A Pretrial Services Officer (PSO) is authorized to carry a firearm in the District of Nebraska under the following conditions: 1) The PSO must establish sufficient cause in writing to satisfy the Chief U. S. Pretrial Services Officer that carrying of a firearm is reasonably necessary in the performance of his or her duties generally and/or as a consequence of specified assignment. Permission of the Chief Pretrial Services Officer must be obtained in writing. (App. A) 2) The PSO must obtain all necessary licenses and permits required for carrying of firearms. 3) The grant of permission to carry a firearm by the Pretrial Services Officer is with the clear understanding that such weapons shall be used only in the exercise of his/her rights of self-defense and in defense of another person, in furtherance of his or her duties as Officer of the Court. 4) No PSO shall be granted permission to carry a firearm in the performance of his or her duties unless he or she has completed the national firearms training program approved by the Chief U. S. Pretrial Services Officer and has qualified thereunder to carry a firearm. Once qualified, the PSO must participate in firearm training on a regular basis, and requalify no less than annually. 5) PSOs who are authorized to carry firearms are authorized to carry 5 or 6 shot revolvers capable of firing service ammunition. that is, officers may carry a .38 special or .357 revolver, but are authorized to use only .38 special +P+ ammunition. 6) All holsters must have a keeper strap or an approved design that prevents the revolver from falling out of the holster's compartment, and should enclose the trigger guard. A directional draw holster, i.e., one which is worn on the same side of the body as the shooting hand, is recommended. Page -3- 7) A PSO who discharges a firearm while in the performance of his or her duties shall file a report in writing with the Chief Pretrial Services officer within twenty-four (24) hours describing in detail the occasion on which, and the reason, he or she discharged the firearm. The Chief Pretrial Services Officer shall forthwith send copies of the report to the Chief Judge and the Administrative Office. 8) The Chief Pretrial Services Officer, or his or her designee, shall inspect and approve weapons and holsters at least annually for safety and maintain district firearms training records. Procedure Firearms shall be carried in a concealed, very discrete manner and should never be drawn or displayed except when utilized as a means of self-defense or in the defense of another person, in furtherance of your duties as Officer of the court. The carrying of a firearm places a great deal of responsibility upon the person. The weapon must be treated with respect. Individuals found to be careless or negligent in their handling of a weapon will be subject to disciplinary action. Firearms are not to be left in officers vehicles while the officer is on duty either in the field or the office. Officers can, however, transport firearms locked in the trunk on the way to work or on the way home when not on official duty. Office: Firearms shall be stored in a safe or similar fixed storage cabinet when not in use by the PSO. Unless locked in a real safe, firearms should not be left in office lock boxes overnight. Home: When at home, the individual should secure the weapon where it is safe and not accessible to others. Be aware a firearm is a source of curiosity, especially to children. precautions to securely store the firearm should be taken. *Mood altering drugs, including alcohol, and firearms do not mix. No PSO shall carry a firearm while consuming alcohol or under the influence of mood altering drugs, including alcohol. Page -4- When Revolver is Drawn in Street Situations A PSO may draw and/or discharge a firearm only under the following circumstances: 1) The officer must honestly and reasonably believe that he or she is in actual physical danger and reliance upon a firearm is required in order to avoid death or serious injury. 2) In furtherance of his or her duties as Officer of the Court, the officer must honestly and reasonably believe that another person is in actual physical danger and reliance upon a firearm is required in order to avoid death or serious injury to the other person. A firearm should not be drawn and/or discharged under any other circumstances. Warning shots, for example, are prohibited. A primary and basic tenet in firearms training is that it should not be drawn unless the PSO is prepared and willing to use the weapon to incapacitate the assailant.