Rules and Procedures
Rule 303
April 11, 2003
Rule 303 - USE OF DEADLY FORCE
INTRODUCTION
This rule is issued to provide guidelines and regulations governing the use of deadly force by
members of the Department, to ensure the safety of our police officers and the public, and to
establish procedures for the orderly investigation of firearm discharges. Its provisions are
effective immediately, superseding all previously issued rules, regulations, orders, bulletins and
directives regarding the use of deadly force by Boston police officers.
In the establishing of these regulations it is understood that they will not likely cover every
conceivable situation which may arise. In such situations officers are expected to act with
intelligence and sound judgment, attending to the spirit of the rule. Any deviations from the
provisions of Sections 5, 6, 7, or 8 of this rule shall be examined on a case by case basis.
Note: Weapons and ammunition coming into the custody of Police Department personnel shall
be handled in accordance with the provisions of Rule No. 311, Procedures for the Ballistics Unit.
Sec. 1 Definitions: For the purpose of this rule, the following definitions will apply:
Deadly Force is that degree of force likely to result in death or great bodily injury. The discharge
of a firearm toward a person constitutes the use of deadly force even if there is no express
intent to kill or cause great bodily injury.
Great bodily injury means bodily injury which creates a substantial risk of death or which is
likely to cause serious injury, permanent disfigurement or loss, or extended impairment of the
function of any bodily member or organ.
Immediate danger of death or great bodily injury includes circumstances under which (1) such a
danger exists in reality, or (2) such a danger is apparent, and the officer is unable to affirm or
disaffirm its actual existence.
Prudence means using cautious, discreet or shrewd action and having due regard for the rights
of citizens while maintaining an awareness of the responsibilities of acting as a police officer.
Reasonableness is moderate and/or fair action within reason, suitable to the confrontation.

 The Investigating Officer in Charge (IOIC) is the Detective Superior Officer of the Firearm
Discharge Investigation Team so designated by the Commander of the Homicide Unit and
assigned to investigate the facts of the incident and to determine the justification for the use of
deadly force.
Sec. 2 General Considerations: The primary purpose for which a sworn member of the
Department is issued a firearm and trained in its use is the protection of life and limb, both
theirs and that of every other person needing such protection. Although the firearm is a
necessary weapon for present-day policing, its potential to inflict death or great bodily injury
mandates that it be used with discrimination and within clearly-defined limits. This rule
establishes those limits.
In the interests of personal safety, police officers must seek to gain and maintain an advantage
over persons known or suspected to be armed. Such an "edge" may take the form of numerical
superiority in manpower and firepower or of an officer staying "one jump ahead" of a subject
likely to produce a weapon. Officers seeking to maintain the advantage over a subject
suspected of being armed are in a difficult position; they must be prepared to use a firearm
should it be necessary, yet show the restraint required to ensure the propriety of their actions.
The situation demands the utmost ability to think clearly, quickly and decisively and to use the
firearm
in
a
safe
and
effective
manner.
The Boston Police Department recognizes its legal duty to protect the rights of all individuals to
due process of law and a fair trial. Its members are thereby bound to refrain from any use of
force that unnecessarily tends to administer punishment at the hands of a police officer. The
responsibility for punishment of criminal offenders rests solely with duly constituted courts of
law and penal institutions and is by no means extended to the police.
Sec. 3 Training and Qualification: Police officers in this Department will be held accountable for
proficiency as well as compliance with Department policy in the use of firearms. All sworn
members of the Department are responsible for maintaining a degree of expertise in the use
and handling of all firearms approved for their carrying. Specifically, sworn members authorized
to carry a firearm shall qualify with their issued firearm(s) on a course of instruction approved
by the Massachusetts Criminal Justice Training Council at least twice each year - once during
the period from January 1st - June 30th and once during the period from July 1st - December
31st. A qualifying score of 80% or higher is required. When members of the Department are
issued a new weapon, they shall qualify at the Department range in the use of that weapon
prior to resuming street duties. This shall not apply to the emergency use of a comparable
spare weapon issued on a temporary basis.
In the event an officer fails to qualify, the officer will be temporarily re-assigned to the
Department Range. It will be the responsibility of the Commanding Officer of the Department
Range to ensure that the officer's firearm is taken from them until such qualification is
achieved. Any officer who, after such intensive training as determined by the Commanding
Officer of the Department Range, has still failed to qualify will be subject to reevaluation as to

 their fitness to continue to perform the duties of a police officer. Under no conditions shall an
officer who fails to qualify be allowed to perform any street police duties.
Frequently, officers have activated themselves during off-duty situations where there is a need
to draw a personal firearm and the possibility exists to use such weapon. On self activation, the
officer's actions are guided by all Departmental rules and regulations, hence there is a need to
show familiarization with any personal weapon which is carried while off-duty.
Members of the Department who are licensed to carry firearms pursuant to M.G.L. c. 140, §
131 and who own and carry a personal firearm while off-duty shall fire a familiarization course
as designed by the Commanding Officer of the Department Range. This course will be fired
during regular qualification times and police officers shall provide their own ammunition.
Officers complying with this portion of the rule will notify their Commanding Officer of their
intent to do so and shall be authorized to carry more than one weapon while on duty for the
sole purpose of attending the familiarization course at the Department Range. This
authorization shall be temporary and will only allow the officer to carry the off-duty weapon to
and from the range. The off-duty weapon shall be secured in the District gun locker prior and
subsequent
to
completion
of
the
familiarization
course.
Sec. 4 Security and Maintenance of Department Firearms: Members of the force shall take all
reasonable precautions to insure that weapons issued to them by the Department are
protected from loss, misuse or theft.
Members are responsible for keeping their issued weapons clean and in good working order. A
weapon which malfunctions shall be returned to the Boston Police Range forthwith.
Sec. 5 Pointing Firearms: Officers shall not point firearms at persons except when reasonably
justified under the circumstances. In situations involving the strong possibility of great danger
(e.g. searching a building pursuant to a burglar alarm or approaching a business establishment
on a report of a robbery in progress, etc.) officers should carry their weapon in a position that
will facilitate its speedy and safe use. While officers should not point a weapon unless they are
prepared to use it, the fact that they have done so must not be interpreted as an obligation to
fire.
Sec. 6 Discharge of Firearms: The law permits police officers to use reasonable force in the
performance of their duties but only to the degree required to overcome unlawful resistance.
This doctrine of "reasonable use of force" applies to the use of firearms as well as to non-lethal
force. Also, because of their destructive potential, the use of firearms must be further restricted
to the purpose for which they are issued, that of protecting life and limb. The discharge of a
firearm by a member of the Department is permissible only when:
A. There is no less drastic means available to defend oneself or another from unlawful attack
which an officer has reasonable cause to believe could result in death or great

 bodily injury, or
B. There is no less drastic means available to apprehend a fleeing felon when the officer has
probable cause to believe that: (1) the subject has committed a felony during the commission
of which they inflicted or threatened to inflict deadly force upon the victim, or (2) that there is
substantial risk that the felon in question will cause death or great bodily injury if their
apprehension is delayed, or
C. There is no less drastic means available to kill a dangerous animal or one so badly injured
that humanity requires its removal from further suffering.
Officers who find it necessary, under the provisions of this rule, to discharge firearms shall
exercise due care for the safety of persons and property in the area and shall fire only when
reasonably
certain
that
there
is
no
substantial
risk
to
bystanders.
Sec. 7 Warning Shots and Signals: Firearms shall not be used as a signaling device. A firearm
shall not be used to summon assistance or to give signals or to warn a fleeing felon to stop. This
does not mean that officers may not discharge their firearm without the intent to kill or disable
if in their best judgment there is no alternate method of convincing a would-be attacker that
they are ready and able to defend themselves or others if the potential threat is not
discontinued.
Sec. 8 Moving/Fleeing Vehicles: Firearms shall not be discharged from a moving vehicle.
Firearms shall not be discharged at a moving or fleeing vehicle unless the officer or another
person is currently being threatened with deadly force by means other than the moving vehicle.
For the purposes of this section, the moving vehicle itself shall not constitute the threatened
use of deadly force. Therefore, officers shall move out of the path of any oncoming vehicle
instead of discharging a firearm at it or any of its occupants. Moving to cover, repositioning
and/or waiting for additional responding units to gain and maintain a tactically superior police
advantage maximizes officer safety and minimizes the necessity for using deadly force.
The above prohibitions exist for three reasons:
1. Bullets fired at moving motor vehicles are extremely unlikely to stop or disable the motor
vehicle,
2. Bullets fired may miss the intended target or ricochet and cause injury to officers or other
innocent persons, and
3. The vehicle may crash and cause injury to officers or other innocent persons if the bullets
disable the operator.

 Sec. 9 Permissible Weapons, Magazines and Ammunition: Officers shall carry on duty only
weapons, magazines and ammunition authorized and issued by the Department. Officers must
carry all weapons with a fully loaded magazine, in addition to having one round in the chamber.
Officers shall keep spare magazines fully loaded. Approved Department weapons, and their
respective magazine capacities, include, but are not limited to:
•
•
•
•

Glock Model 22 – 15 Rounds
Glock Model 23 – 13 Rounds
Glock Model 27 – 9 Rounds with flat floorplate, 10 rounds with extended floorplate
Sigarms .45 Caliber Pistol – 8 Rounds – Officers shall carry this weapon with the manual
safety engaged at all times, except just prior to discharge, or if necessary to disengage
the safety to facilitate the loading and unloading process

Regardless of whether an officer is on duty or off duty, an officer may only carry a Department
issued weapon on his/her person in a Department issued or Department authorized holster.
The Department may selectively issue other weapons to qualified personnel, if they are
deemed necessary to ensure the safety and effectiveness of police operations. Officers armed
with such weapons shall use those weapons in accordance with the provisions of this rule as
well as any additional guidelines given at the time of issuance.
No police officer shall accept a Department issued weapon unless he/she has qualified in its
proper use. No Superior Officer shall issue a Department weapon to any other officer without
first asking if the officer is qualified in its use.
A Department armorer or a Department approved armorer, at the discretion of the
Commanding Officer of the Boston Police Range, are the only persons allowed to perform all
repairs or modifications to Department issued firearms, magazines or other weapons.
Sec. 10 Reporting Firearms Discharges: All firearm discharges, except discharges which occur
during Department authorized or approved firearms training, while lawfully engaged in target
practice or while hunting (unless a discharge occurring during one of these three exceptions
results in death, personal injury or property damage), require the submission of an incident
report (1.1) which includes information relative to injuries and damage to property.
•

An officer who discharges his firearm during the course of his duties shall immediately
notify the Operations Division that they have been involved in a "Code 303" and request
that a Patrol Supervisor respond to the scene. The officer shall make a verbal report of
the discharge to the responding Patrol Supervisor. In the event that someone has been
injured, officers will request medical assistance. The supervisor shall request that
Operations make all appropriate notifications including the Firearm Discharge
Investigation Team. A full written report of the discharge must then be made prior to

 the termination of the officer's tour of duty, unless medical reasons dictate that the
report be made at a later date.
•

An off-duty officer discharging a firearm in the City of Boston shall immediately notify an
Operations Division Supervisor. The Operations Division shall notify the Officer in Charge
of the District in which the discharge took place and the Firearm Discharge Investigation
Team. The officer involved in the firearm discharge shall submit the necessary reports
without delay to a Superior Officer assigned to the Firearm Discharge Investigation
Team. The Officer in Charge of the District in which the discharge took place shall notify
the off-duty officer's Commanding Officer.

•

An officer who discharges a weapon outside of the City of Boston shall immediately
notify and make a report of the discharge to the Police Department which has
jurisdiction where the discharge occurred, identify themself as being a Boston police
officer and notify an Operations Division Supervisor as soon as possible. The Operations
Division shall immediately notify the officer's Commanding Officer and the Firearm
Discharge
Investigation
Team.
Officers who have discharged a firearm shall complete a BPD Form 2415 (Firearms
Discharge Report) in its entirety.

Sec. 11 Investigation of Firearm Discharges: The manner in which police officers use firearms is
an extremely critical issue to the Department, one in which the community and the courts allow
little margin for error. To insure that proper control in this area is maintained, all reported
discharges of firearms by officers of this Department will be thoroughly investigated by the
Firearm
Discharge
Investigation
Team.
The Firearm Discharge Investigation Team has sole responsibility for investigating firearm
discharges involving a member of the Department. Failure to cooperate with the investigation
shall be grounds for disciplinary action. The foregoing does not prevent an officer from
exercising their constitutionally protected rights to remain silent or to speak with legal counsel.

The District Commander of the District wherein a police officer discharges a firearm shall be
responsible for assigning a Superior Officer to assist the Firearm Discharge Investigation Team
in their investigation into the discharge.

In those incidents where the use of deadly force results in death, the District Attorney's Office,
pursuant to the terms of M.G.L. c. 38, § 4, will assume control of the investigation. The statute
reads, in part, "The District Attorney or his law enforcement representative shall direct and
control the investigation of the death and shall coordinate the investigation with the office of

 the chief medical examiner and the police department within whose jurisdiction the death
occurred."

In all instances where a Boston police officer discharges a firearm resulting in injury, the District
Attorney's Office will be notified and his designees from the Boston Police Department will
conduct an independent investigation to determine the facts of the case.
Responsibilities: Patrol Supervisor
Shall respond immediately to a reported use of deadly force, Code 303, within his District and
assume command of the investigation pending the arrival the District Commander and/or the
Firearm Discharge Investigation Team.
Shall notify the Operations Division of the firearm discharge. In turn, the Operations Division
shall
be
responsible
for
making
all
necessary
notifications.
Shall initiate such preliminary steps as are necessary to conduct a thorough investigation and
hold himself in readiness to assist the District Commander and the Firearm Discharge
Investigation Team upon their arrival. In this respect, the Patrol Supervisor shall have the
authority to order as many units to the scene of the firearms discharge as is deemed necessary
or to take any other appropriate action to complete the task.

Shall establish an outside perimeter around the area of the incident.
Shall ensure that the scene is preserved pending the arrival of the Firearm Discharge
Investigation Team in a manner pursuant to Rule 309, Procedures for Handling Physical
Evidence and Other Property Coming into Police Custody.
Shall take possession of the firearm which has been discharged and ensure that it is turned over
to the Department Ballistician as soon as possible. In so doing, the Patrol Supervisor shall
preserve all firearms in the condition in which they are found. The Patrol Supervisor must use
extraordinary care in this respect as the firearm may still be loaded.
In the event that more than one officer is present at a shooting incident, the Patrol Supervisor,
as soon as circumstances allow, shall collect all firearms which belong to the officers who were
at the scene and store them until a Department Ballistician can ascertain which have been fired.
Firearms determined not to have been discharged will then be returned to the police officers to
whom
they
were
issued
as
soon
as
possible.

 Responsibilities: District Commander
The District Commander will respond to the scene and assume overall command of the
situation pending the arrival of the Firearm Discharge Investigation Team. Additionally, the
District Commander will:
Assign a Superior Officer to assist the Firearm Discharge Investigation Team and ensure that
any and all District resources are made available to complete the investigation. The District
Commander will have the flexibility to assign any Superior Officer to fulfill this task.
Ensure that full cooperation is extended to the Firearm Discharge Investigation Team and any
designated investigators from the District Attorney's Office.
Responsibilities: Commander, Homicide Unit
Shall be responsible for ensuring that a Firearm Discharge Investigation Team is assigned to
investigate all reported firearm discharges by Department personnel except discharges which
occur during Department authorized or approved firearms training, while lawfully engaged in
target practice or while hunting (unless a discharge occurring during one of these three
exceptions
results
in
death,
personal
injury
or
property
damage).
The Commander, Homicide Unit shall have the flexibility and discretion to assign any
investigators deemed appropriate as being members of the Firearm Discharge Investigation
Team.
The Commander, Homicide Unit, shall have ultimate responsibility for ensuring the
thoroughness of any investigation regarding a firearm discharge or the use of deadly force by
Department personnel.
Responsibilities: Firearm Discharge Investigation Team
The Firearm Discharge Investigation Team shall respond to the scene as expeditiously as
possible and immediately meet with the Patrol Supervisor and be briefed relative to the known
facts surrounding the incident.
Shall notify the Operations Division that they are taking control of the scene and the
investigation. Notifications must be done "on-air."
Shall be allowed any resources they deem necessary to conduct a complete investigation.
Shall conduct an investigation to determine the facts of the incident.
Shall ensure that a thorough search is conducted at the scene.

 Shall ensure that witnesses are identified, separated and interviewed.
Shall coordinate with any other simultaneous investigations.
Shall submit a preliminary report within five (5) days to the Commander, Homicide Unit, to the
Commander of the District or Unit where the officer is assigned and to the Commander of the
District or Unit where the discharge occurred, to the Bureau Chief of the appropriate command
and to the Superintendent-In-Chief. The Superior Officer in Charge of the Firearm Discharge
Investigation Team shall make a recommendation in the preliminary report, based upon an
assessment of the facts known, as to the justification for the use of deadly force, whether or
not the firearms discharge was accidental and whether or not it involved personal injury, death
or
damage
to
personal
property.
Pending this report, the Officer involved will be assigned to administrative duties in their unit of
assignment. However, if the preliminary investigation indicates that the firearm discharge was
justified, the Officer may be restored to regular duties, with the approval of their Commanding
Officer, the Bureau Chief of the appropriate command, the Superintendent-in-Chief and the
concurrence
of
the
Police
Commissioner.
The Firearm Discharge Investigation Team shall submit a comprehensive, detailed report, with
recommendations, within thirty (30) days to the Commander of the Homicide Unit and to the
Superintendent-in-Chief. An extension may be granted to the thirty (30) day time frame with
the permission of the Superintendent-In-Chief.
Sec. 12 Disposition: Upon receiving a report pertaining to a firearms discharge and investigation
by the Firearm Discharge Investigation Team, the Superintendent-in-Chief may accept it or
return the report with a request for further information or clarification. In every case, the
authority and responsibility for final Departmental disposition of a firearms discharge incident
rests solely with the Police Commissioner. Upon accepting a report and making a final
disposition in a firearm discharge case, copies of the Police Commissioner's decision shall be
sent to the appropriate District, Unit and Bureau Commanders.
Notes:
•
•

Amend by SO-07-058, issued October 15, 2007 Section 9, Paragraph 1.
Amended by SO 08-034, issued 09/12/2008, all references to the “Ballistics” or
“Ballistics Unit” shall be amended to Firearms Analysis Unit. All references to the
“Ballistician” or the “Department Ballistician” shall be amended to the Firearms
Examiner. Section 10.