Non-Law Enforcement Firearms

TABLE OF CONTENTS

OVERVIEW

2.1 What is the purpose of chapter? This chapter:

A. Establishes policy, guidance, and oversight responsibilities for the U.S. Fish and Wildlife Service (Service) non-Law Enforcement (LE) firearms program; and

B. Provides the minimum requirements for security, training, and certification that personnel must have to possess, carry, handle, and use firearms and ammunition for official purposes other than LE.

2.2 What is the scope of this chapter? 

A. This chapter applies to employees and volunteers working for the Service (volunteers must have a signed Volunteer Service Agreement in accordance with 150 FW 1 and must be 18 years of age or older (see 240 FW 9)).

Throughout this chapter, we use the term “personnel” to refer to those described in section 2.2A.

B. This chapter covers firearms and ammunition (see section 2.4C for the definition of “firearms”).  

C. Project Leaders/Supervisors/Facility Managers have many responsibilities for this program. For simplicity, throughout this chapter we refer to them collectively as Project Leaders.

D. This chapter does not apply to:

(1) Partner organizations. Partner organizations must not use Service-owned, non-LE firearms. Field stations using partner organizations for non-LE firearm work should ensure that all individuals are aware of their program’s responsibilities.

(2) Flare guns, dart guns, rocket net or cannon net firings (i.e., for wildlife capture, see 244 FW 3), plastic training firearms, and compressed air or carbon dioxide (CO2) guns (e.g., air rifles, such as piston and spring rifles), as these are covered in other policies and guidance. 

(3) Law enforcement officers and armed Federal security guards. These employees’ use of firearms is governed by the Department of the Interior’s (Department) Firearms Standards (446 LEP 10) and by 442 FW 1, Firearms (for Service law enforcement activities);

(4) Personnel using reproduction firearms (also called replicas) as part of historic interpretive firing demonstrations; and

(5) Personnel who use flare launchers as governed by the National Wildfire Coordinating Group’s (NWGC), Standards for Ground Ignition Equipment, Publication Management System (PMS) No. 443, February 2019. 

2.3 What are the authorities for this chapter? 

A. Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters (29 CFR 1960).

B. Carrying of Firearms (43 CFR 20.511).

C. Civil Aviation Security, Carriage of Weapons, Explosives, and Incendiaries by Individuals (49 CFR 1540.11).

D. Crimes, Firearms, Possession of Firearms and Dangerous Weapons in Federal Facilities (18 U.S.C. 930).

E. Executive Order 12196, Occupational Safety and Health Programs for Federal Employees.

F. Federal Property Management Regulations (41 CFR 101) and (41 CFR 102), and specifically Prohibition on Weapons in Federal Facilities (41 CFR 102-74.440).

G. Hazardous Materials Classes and Index to Hazard Class Definitions (49 CFR 173.2).

H. Lautenberg Amendment to the Gun Control Act of 1968 (18 U.S.C. 922g).

I. National Fire Protection Association Explosive Materials Code (NFPA 495).

J. Occupational Safety and Health Act of 1970 (Public Law 91-596, Section 19).

K. Operational Procedures Memorandum (OPM) 33, Department of the Interior, “Aerial Capture, Eradication, and Tagging of Animals (ACETA).”

L. Standards for Aviation Transport of Hazardous Materials, NWGC, February 2018.

M. U.S. Department of the Interior Personal Property Management Program Directive 114-60. 

N. 351 Departmental Manual (DM) 2, Aircraft Equipment and Maintenance.

O. 446 DM 17, Serious Incident Reporting. 

P. 485 DM 7, Incident/Accident Reporting and Serious Accident Investigation.

Q. 485 DM 30, Firearms Safety Program Requirements for Non-Law Enforcement Personnel.

2.4 What terms do you need to know to understand this chapter? 

A. Approved ammunition. Manufactured, lead-free bullets and shells of the same caliber or gauge as the firearms for which they are intended and suitable for use to the maximum extent practical, consistent with 601 FW 8, Use of Non-Lead Ammunition for Management and Research Activities on Refuges. 

B. Certified personnel. Those personnel who are legally eligible to possess and use firearms, have received basic firearms training and are certified to use specific firearm type(s) to perform their official duties when they pass the firearms qualification and Lautenberg Certification. Along with a copy of the training certificate, the person’s Project Leader certifies this using FWS Form 3-2575, Certificate of Firearms Use (CFU), which must be reviewed and approved annually.

C. Firearm. Any rifle, shotgun, pistol, or revolver that expels a projectile by the action of an explosive and suppressors. Training firearms and destructive devices such as flash-bang distraction devices are also treated as firearms. 

(1) Approved firearm. A firearm of acceptable action, configuration, caliber, and gauge for a specific type of activity and for which a Project Leader has documented its use in a Job Hazard Assessment (JHA). See Exhibit 1 for an example JHA.

(2) Firearm with certificate of authorization. An approved firearm that authorized personnel may use in connection with the duties of their position. We use FWS Form 3-2574, Certificate of Authorized Firearm (CAF), to document that a firearm is authorized for use, which must be reviewed and approved annually. 

D. Firearm incident. 

(1) The unauthorized use of a firearm no matter what the result; and 

(2) The authorized use of a firearm if it results in human death or injury, unintended death to wildlife, property damage, or some other significant outcome. 

E. Firearm safety locking device. A trigger guard/action guard device, box, or case secured with a lock that prevents unauthorized personnel from using the firearm.

F. Gun safe. A strongbox, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that personnel can only unlock with a key, a combination, or other similar means.

G. Job Hazard Analysis (JHA). A process that ends with documentation and that focuses on job tasks as a way to identify hazards before they occur (see 240 FW 1). A JHA focuses on the relationship between the worker, the task, the tools, and the work environment. See Exhibit 1 for an example JHA.

H. Lautenberg Certification. The requirement that personnel in specific positions or duties disclose misdemeanor domestic abuse convictions or pending charges (see 442 FW 5 and its Exhibit 1).

I. Personal Protective Equipment (PPE). Any clothing or gear that personnel wear to protect themselves from workplace hazards. The Project Leader identifies required PPE in a JHA. Examples of PPE often used with firearms include safety glasses and earplugs or muffs.

J. Physically secured. A firearm protected by a firearm safety locking device and placed in a gun safe.

K. Qualification. Personnel must successfully demonstrate safe handling of any firearms they may use; knowledge of the storage, security, and recordkeeping requirements; and practical firearms handling through live fire exercises.

RESPONSIBILITIES 

2.5 Who is responsible for non-LE firearms safety? See Table 2-1 below.

Table 2-1: Responsibilities for Non-LE Firearms Safety

GENERAL REQUIREMENTS 

2.6 What are the general requirements and prohibitions associated with the use of Service firearms by non-LE personnel? 

A. Non-LE personnel must not use firearms for LE purposes.

B. Personnel must possess, carry, handle, and use firearms in compliance with applicable Federal, State, and local laws.Personnelwho are restricted by Federal, State, or local laws from having or using firearms or ammunition (e.g., felons) must not be allowed to do so. Personnel must not carry or transport firearms in a concealed manner.

C. Before someone uses a firearm to perform their official duties, they must successfully complete the minimum training described in this chapter.

D. Before a Project Leader may authorize personnel to have and use a firearm to defend themselves from wildlife, the Project Leader must determine that the person’s regular activities place them at risk of harm, and that their ability to use a firearm would significantly reduce that risk. 

E. Personnel must only use authorized firearms and approved ammunition when performing their official duties. We prohibit possession and use of Service firearms when off duty or in non-duty status except where work calls for overnight stays in areas of the country where there are dangers or risks from wildlife (i.e., bears, wolves, mountain lions, etc.). Possession or use of personal firearms in the performance of official duties is prohibitedin accordance with 442 FW 1, Firearms.

F. Personnel must only possess and use firearms as authorized on their current CFU (FWS Form 3-2575). Authorizations may cover multiple gun types assigned to stations and are not necessarily assigned to individuals.

G. Personnel may only use commercially manufactured ammunition consistent with 601 FW 8, Use of Non-Lead Ammunition for Management and Research Activities on Refuges.

H. Personnel who use firearms against feral or wild animals must comply with the requirements of:

(1) The Endangered Species Act (16 U.S.C. 1531, et seq.); 

(2) The Marine Mammal Protection Act (16 U.S.C. 1361, et seq.);

(3) National Wildlife Refuge System, Prohibited Acts, Disturbing Violations: with Weapons (50 CFR 27, Subpart D); and 

(4) Other applicable Federal and State animal protection laws and regulations or permits.

I. Firearms must be unloaded and in a lockable case when brought in to or carried out of any Federal building (see section 2.10E).

J. The use of short barrel firearms is prohibited.

2.7 What are the general management and inventory requirements associated with the Service’s firearms?

A. When Project Leaders issue firearms to non-LE personnel, they must record and track that information in the FBMS property accounting system. When firearms are issued multiple times (i.e., daily/weekly), the Project Leader can track the transfer of accountability at the point of receipt via a log or some type of form like the DI-104 form, Transfer of Property. 

B. Custodial Property Officers must certify that all firearms associated with their cost center have been 100% physically inventoried during the annual personal property inventory cycleand document completion for those firearms on the CAFs (FWS Form 3-2574) every fiscal year. Inventories must be certified as complete by their Accountable Property Officers per Service Manual chapter 310 FW 3.

C. Project Leaders must account for any Service-owned firearms that personnel may hold prior to the firearm user’s retirement, separation, or transfer from the Service.

D. If the Service (i.e., the Project Leader or whoever does the authorization) terminates an authorization or certification to use a firearm, the person who held that authorization/certification must return the firearm(s) immediately and are held responsible for damage or theft for any firearms that aren't returned.

E. Firearms are classified as sensitive property. Sensitive property must be physically secured when not in use (see sections 2.4J and 2.11).

F. Personnel must complete training as described in section 2.9.

G. The Department requires completion of annual training (i.e., the Firearms Accountability Annual Certification Course) for those Accountable and Custodial Property Officers who have firearms on their inventory. In addition, at their discretion, Project Leaders may require that the personnel who use such firearms also complete the course.

BACKGROUND CHECKS AND TRAINING

2.8 What are the required background and security checks? Before personnel can possess or use a firearm to perform their official duties for non-LE reasons, they must pass a Federal Bureau of Investigation (FBI) background check that, at a minimum, ensures that they meet the legal qualifications prescribed in the 1968 Gun Control Act, as amended by the Brady Law (18 U.S.C. Chapter 44) and the Lautenberg Amendment (18 U.S.C. 922g). See the CFU (FWS Form 3-2575) and 442 FW 5, Exhibit 1 for the corresponding Lautenberg Certification.

2.9 What are the training and certification requirements?

A. Non-LE personnel who need to use a firearm to perform their official duties must successfully complete basic training in year one. Refresher training that is specific to their program needs, as specified in the JHA for those duties, must be completed every year thereafter.

B. Project Leaders must approve training and qualifications courses for the personnel in their local areas. State hunter’s safety education courses are acceptable in accordance with the requirements of this chapter. Coordinate with your RFPM regarding any questions or qualification requirements. This training must, at a minimum, include the following:

(1) General and range firearms safety;

(2) Laws, regulations, and policies;

(3) Personnel and supervisory responsibilities for firearms;

(4) Recordkeeping and reporting (see sections 2.17, 2.18, and 2.19); 

(5) Firearms care, maintenance, and inspection before each use;

(6) Basic lead exposure awareness (see Occupational Safety and Health Act regulations at 29 CFR 1910.1025 Appendix A);

(7) Basic firearms handling skills;

(8) Live fire exercises; and

(9) Elements of an annual firearms inspection.

C. Project Leaders must convey to their training vendors all firearm types that could be used and on which personnel must be trained.

D. The minimum standard for qualifying on the course of fire must be recorded by the instructor as pass/fail on the user’s training record (see section 2.9H for instructor qualifications).

E. The Project Leader completes the CFU (FWS Form 3-2575) for personnel who conduct tasks identified as requiring the use of a firearm. The CFU is valid for 1 year and must include the following information:

(1) The firearm user’s name;

(2) Date of most recent firearms training qualification;

(3) Date of most recent background check (which the servicing Human Resources Specialist conducts);

(4) Type and description of firearm(s);

(5) Purpose and location(s) of use (including locations across State lines);             

(6) Documentation of Lautenberg Certification;

(7) Documentation of current CAF, FWS Form 3-2574;

(8) Documentation of current Job Hazard Analysis; and

(9) Project Leader’s and RFPM’s name, signature, and date.

F. The period for recertification is based on the calendar year.

(1) To maintain their CFU, personnel must complete refresher training that covers the categories in section 2.9B and submit a new Lautenberg Certification annually.

(2) Refresher training must enable personnel to successfully meet firearms qualifications specific to their program needs.

(3) Qualification exercises for refresher training must include all firearm types listed on the person’s CFU.

(4) Project Leaders must not renewCFUs for personnel who do not successfully complete their refresher training, perform their firearms qualification, and keep their Lautenberg Certification up to date.

G. Instructors must supervise any live fire exercises and proficiency training. These exercises and training may only occur on a range that has been deemed safe by the instructor or by a gun range’s Range Safety Officer. 

H. Firearms instructor qualificationsmust include:

(1) Satisfactorily completing and receiving certification in an instructor training course for the area of specialization taught (e.g., rifle, handgun, or shotgun) and a requirement that they teach the designated curriculum for the area of specialization taught (e.g., rifle, handgun, or shotgun). Instructors do not have to be Service personnel. The RFPM must approve instructor training courses;

(2) Successfully demonstrating:

     (a) Safe handling of firearms; 

     (b) Knowledge of the storage, security, and recordkeeping requirements; and 

     (c) Practical firearms handling;

(3) Demonstrating familiarity with any other special requirements as specified in an approved JHA; and

(4) If the instructor is a Service employee or volunteer, enrolling in a hearing conservation program (see section 2.20 and 242 FW 3, Noise Control and Prevention of Hearing Loss for more information). 

TRANSPORTATION AND STORAGE

2.10 How should personnel carry and transport firearms and ammunition? 

A. Federal, State, and local laws. Personnel authorized to use a firearm as a part of their duties must follow the Federal, State, and municipal laws for carrying firearms and ammunition. If Federal, State, or municipal law is more stringent than this policy, you must comply with those requirements. 

B. JHA with procedures. A JHA must explain how personnel should load and clear firearms. Typically, the JHA states that personnel may only load, clear, or unload the firearm in the field using safe firearm handling methods. A clearing trap must be available near buildings for use prior to entry. Project Leaders must ensure personnel carry out these procedures before transporting a firearm.

C. Motor vehicles and watercraft.

(1) To the maximum extent possible, personnel must not leave firearms unattended in motor vehicles or watercraft unless they are unloaded and placed inside a locked container or other mechanism that is permanently mounted to the vehicle/watercraft. 

(2) To transport firearms, personnel must unload them and put them in a locked case such as a gun safe (see section 2.4F).                                                     

D. Aircraft. 

(1) Personnel should not leave firearms unattended on Service aircraft unless they are unloaded and placed inside a locked case or in some other locked storage product, like a gun safe.  

(2) Personnel who transport loaded firearms or ammunition on Service aircraft must conform to the requirements listed below from the NWCG’s Standards for Aviation Transport of Hazardous Materials, PMS 513. Personnel:

     (a) Must only transport loaded weapons in aircraft when the mission dictates their use in flight or soon after landing, and a JHA covers that specific use;

     (b) Must ensure that ammunition that is not in a weapon is in its original package, box, pack, or manufactured container designed for transporting ammunition. Hazard package marking is not required for small arms ammunition; and

     (c) Must not store or place small arms ammunition next to or in contact with compressed gases, flammable liquids, or corrosives.

(3) Firearms and ammunition transported on commercial airlines must comply with current Transportation Security Administration safety regulations. 

E. Federal facilities. Before entering a Federal facility (i.e., building or structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure ), personnel must unload firearms and put them in a lockable case. Federal law prohibits the possession of firearms or other dangerous weapons in Federal facilities by anyone not specifically authorized by 18 U.S.C. 930.

2.11 How should personnel store firearms? 

A. Personnel must store firearms with the firearm safety locking device in place and physically secure them when not under their immediate control (see 241 FW 11). Immediate control implies that the firearm is on their person or secured in a gun safe.

B. Unless specifically authorized on their CFU (FWS Form 3-2575), the storage location must be at the duty station of the person who is certified to use the firearm. For situations where staff are in the field or at other locations not deemed their duty station, the storage areashould be securable by a locked door and protected by an alarm system.

C. Project Leaders and other managers must limit access to gun vaults or firearms safes to authorized personnel.

2.12 How should personnel store ammunition and explosives? Personnel must:

A. Store ammunition in a lockable case separate from firearms;

B. Keep small arms ammunition (i.e., ammunition for handguns, shotguns, and rifles) at least 15 feet from flammable liquids, flammable solids, and oxidizing materials (see 49 CFR Part 173.2, Hazardous Materials Classes and Index to Hazard Class Definitions, for more information). An alternative is to separate them using a fire partition that has a fire resistance of at least 1 hour; and

C. Not store small arms ammunition together with explosive materials.

ACQUISITION & DISPOSAL

2.13 How should Project Leaders purchase firearms and ammunition? 

A. Project Leaders must procure these items following formal acquisition procedures as outlined in the Service Acquisition and Property Policy program’s Special Requirements List. They must:

(1) Procure the items using a Warranted Contracting Officer (CO) by purchase order in FBMS to generate an asset shell;

(2) Use an FBMS goods receipt or the DI-102, Receiving Report, within 15 calendar days of receipt; and

(3) Follow the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) guidelines for legally procuring suppressors in accordance with the National Firearms Act. 

B. They must not use a charge card or convenience check for procuring firearms or ammunition (see the Department’s Purchase Card Program Policy). 

C. The Project Leader, in consultation with a firearms instructor or the RFPM, if necessary, must determine the proper caliber or gauge for the firearm as well as the acceptable action type and firearm configuration. They must document this in a risk assessment or JHA (see 240 FW 1) for specific activities.

2.14 How is a firearm authorized for non-LE use after it is procured? The Project Leader must complete FWS Form 3-2574, CAF, for the firearm, which authorizes its use for the activities in a specific JHA. The RFPM must approve the CAF.

2.15 How does the Service dispose of firearms and ammunition?

A. Serviceable firearms. When a Project Leader wants to dispose of a serviceable firearm, the Project Leader or other designated personnel must first try to transfer it to another Federal agency (see 310 FW 4). If unable to transfer the firearm to another agency, the Project Leader should follow the disposal process in 310 FW 4, Disposition of Personal Property.

B. Unserviceable firearms. If a firearm is unserviceable, the Project Leader should follow the process in 310 FW 4 and 310 FW 5 related to unserviceable property.

C. Ammunition. Surplus ammunition cannot be donated but may be sold to companies that are authorized to manufacture or remanufacture ammunition. 

MAINTENANCE AND RECORDKEEPING

2.16 How should personnel maintain firearms?

A. Personnel must visually inspect and check the safety functions of firearms before each use.

B. Every firearm used for official business must be inspected annually by the firearm’s user(s) to ensure that it is in serviceable condition. 

C. Firearms in need of operational repair, regardless of severity, must be taken out of service and “red tagged” until they are repaired and reauthorized for use. Project Leaders are responsible for ensuring that routine inspection and maintenance is accomplished as needed, but no less than annually. 

D. Only a licensed gunsmith, approved in consultation with the RFPM, may repair a firearm. Project Leaders should keep repair documentation and transfer receipts with the official records. Documentation should include any acquisition requests (i.e., FWS Form 3-2109), invoices, receipts, etc.

2.17 What are the recordkeeping requirements?

A. RFPMs must keep property records for firearms in accordance with Departmental and Service accountable property management policies (see Service Manual Part 310). Project Leaders should keep copies of these records locally. The records should include the following:

(1) An annual inventory of firearms is required. The inventory must include, at a minimum, the caliber, make, model, serial number, and property number of all firearms stored. The inventory can be performed in tandem with the Annual Personal Property Inventory Certification process. Project Leaders must keep a firearm sign in/out log to track the location of firearms and maintain the log with other records;

(2) Firearms inspection, routine maintenance, and repair documentation;

(3) Disposition records of firearms or ammunition surplus or disposal, in accordance with property management regulations; and

(4) Copies of audit records.

B. RFPMs must maintain personnel authorizations and certifications for firearms training and qualification. Project Leaders should keep copies of these records locally. These records include the following:

(1) Records of firearms training, including certifications that training requirements have been met; and

(2) Completed Lautenberg Certification forms, CAFs, and CFUs for Service employees.

C. Personnel should also enter their training records into the DOI Talent system.

D. Project Leaders must maintain copies of approved JHAs at a local level.  

INCIDENT REPORTING AND INVESTIGATIONS

2.18 What are the firearms incident reporting and investigation requirements? 

A. Personnel must report firearms incidents to the Service Duty Officer (see 054 FW 1). They will be investigated at an appropriate level.

B. Personnel authorized to have firearms must report all incidents and accidents to their Project Leader using the Department’s Safety Management Information System (SMIS).

C. Accidents that involve human death, personal injury, property damage, negligent discharge, or a near miss must also be reported as required by 240 FW 7, Accident Investigation and Reporting. 

D. Incidents that are criminal in nature and any firearms-related human fatalities will be investigated by the appropriate law enforcement authorities.

2.19 What must personnel do if a firearm has been lost or stolen? 

A. Personnel must immediately report lost or stolen firearms in accordance with the Service property management policies and serious incident reporting policy (see 054 FW 1), which generally includes reporting to:

(1) The person’s immediate supervisor; 

(2) The Service Professional Responsibility Unit;

(3) The Regional law enforcement authority for the Service (i.e., either the Division of Refuge Law Enforcement or the Office of Law Enforcement); 

(4) Local law enforcement authorities; 

(5) Local FBI offices;

(6) The RFPM; and 

(7) The Accountable Property Officer.

B. The Service must ensure that incidents of lost or stolen firearms are fully investigated by the appropriate authorities.

PERSONAL PROTECTIVE EQUIPMENT & MEDICAL PROGRAM

2.20 What are the PPE and medical program requirements when discharging firearms?

A. All personnel must wear safety glasses and hearing protection when discharging firearms. 

B. If firearms used for non-LE purposes generate noise levels more than 140 decibels at any given time, a hearing conservation program (i.e., annual audiogram and training on noise hazards for firearm use) is required. Hearing conservation and PPE program specifics are in 242 FW 3. Contact the Service’s Industrial Hygienists for more information.