Definitions
Electronic weapon or device: Any portable device or weapon from which an electrical current, impulse, wave or beam may be directed which such current, impulse, wave or beam is designed to temporarily incapacitate.
Authorized officer: A federal, state or municipal law enforcement officer, or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility.
Qualifications for possession and use
In order to qualify for admission into an approved training program for the use of electronic control weapons, an authorized officer must:
- Be currently employed as an authorized officer
- Have successfully completed a defensive tactics training course approved by the Municipal Police Training Committee or approved by the Colonel of the Massachusetts State Police
- Be authorized by the officer's department to carry a firearm in the performance of the officer's duties and have successfully completed firearms training as approved by the Municipal Police Training Committee or the Colonel of the Massachusetts State Police
Except for the training purposes, an authorized officer shall not posses or carry an electronic control weapon until successfully completing an approved training program for the use of electronic control weapons.
Training programs
Only training programs certified by the Municipal Police Training Committee or the Massachusetts State Police may be approved by the Executive Office of Public Safety and Security for meeting electronic control weapon training requirements. Those programs must contain, at minimum, the following components:
- Not less than 6 hours of training
- A review of the mechanics of an electronic control weapon
- Illustration of the medical issues involved with the use of an electronic control weapon, including, but not limited to, information regarding the effects of electronic control weapons on individuals with pre-existing medical and other conditions and information on and a demonstration regarding the removal of probes from an individual after an electronic control weapon has been discharged
- Segments on weapon proficiency for trainees, including a demonstration on the accurate discharged of an electronic control weapon, practice discharge of an electronic control weapon by trainees, exercises wherein the trainer practices transitioning to and from an electronic control weapon, and scenario exercises involving electronic control weapons
- A segment on the use of an electronic control weapon as a force option and a review of the department's use-of-force policy and the electronic control weapon's relation to other weapons, tools, and tactics within he department's use-of-force policy
- Testing to demonstrate knowledge of protocols, use, and effects of electronic control weapons
All authorized officers who have successfully completed the authorized must then complete an annual recertification training of no less than 1 hour consisting of:
- A review of the department's use-of-force policy and other policies and procedures related to electronic control weapons
- Updates regarding the electronic control weapon
- Testing to demonstrate knowledge of areas such as policies, protocols, use, and effects of electronic control weapons
- A demonstration of proficiency with the electronic control weapon
Prior to training authorized officers, every department and agency must submit to the Executive Office of Public Safety and Security the following:
- A copy of the department's use-of-force policy incorporating electronic control weapons
- A copy of the department's policy regarding training, recertification, and training hours related to electronic control weapons
- An overview of the department's data collection protocol
- A copy of the department's policy affirming it will comply with the statutory reporting requirements
More detailed requirements can be viewed within 501 CMR 8.00: Standards for law enforcement training in the use of electronic control weapons and the sale of electronic control weapons in the Commonwealth.
Certification requirements for training instructors
Training instructors for any approved training program for state or municipal police officers, county sheriffs, and Department of Correction employees on the use of electronic control weapons must be certified by the Municipal Police Training Committee. Training instructors for the Massachusetts State Police must be certified by the Colonel of the Massachusetts State Police. At minimum, the instructor must:
- Attend the instructor training program provided by the manufacturer(s) of the electronic control weapon(s) to be used by the department, which must consist of no less than 16 Horus of instruction covering training on the use of electronic control weapons
- Attend the Municipal Police Training Committee or Massachusetts State Police instructor certification course
- Attend the Municipal Police Training Committee or Massachusetts State Police instructor recertification training, respectively, every 2 years
Requirements for the sale of electronic control weapons
Manufacturers and dealers of electronic control weapons an only sell such weapons to the following departments:
- Massachusetts State Police
- Massachusetts Bay Transportation Authority Police
- Environmental Police
- Any federal law enforcement agency
- Any municipal police department,
- Department of Correction for the use of officers
- Any county sheriffs departments for the use of officers
- Municipal Police Training Committee for the use by authorized training officers
- Any statutorily authorized law enforcement agency approved by the Secretary of Public Safety and Security
Any manufacturer or dealer seeking to sell electronic control weapons in the Commonwealth must be a licensed firearms dealer and comply with firearm licensing requirements of the Massachusetts Instant Record Check System (MIRCS) and must notify the Executive Director of the Firearms Record Bureau in writing of their intent to sell electronic control weapons for inclusion in the MIRCS database.
Please review 501 CMR 8.00: Standards for law enforcement training in the use of electronic control weapons and the sale of electronic control weapons in the Commonwealth for more details.