POST Rule on Firearms Requalification

Effective January 1, 2006, each person employed or appointed as a peace officer shall satisfactorily complete during each calendar year annual firearms training with their duty weapon and attend a minimum of one (1) hour of training regarding their agency's policy on the use of deadly force. This training is now mandated in accordance with POST rule 464-5-.03.1 titled "Annual Firearms Training." A peace officer as used in this rule is clearly identified in O.C.G.A. 35-8-2 (8). The training required in this rule is now a part of an officer's 20 hour annual training requirement as identified in O.C.G.A. 35-8-21. The failure to comply with this rule shall result in an officer's loss of power of arrest.

Frequently Asked Questions

Following are some frequently asked questions which should address any questions that officers and agencies may have:

What is this new POST rule about firearms requalification?

Simply stated, if you are an actively employed peace officer then you are now required to requalify with your duty weapon annually. A complete copy of the Rule may be found here.

What is the minimum course of fire that must be shot?

POST sets minimum standards for training. Agencies are encouraged to exceed those minimum standards (O.C.G.A. 35-8-16.) The minimum course of fire is the Georgia Semi- Auto Pistol Qualification Course (GSAC) which is the standard established in the basic law enforcement training course. A copy of the course of fire may be found at: pdf_file/gsac21.pdf

Must an agency shoot the Georgia Semi-Auto Pistol Qualification Course as their requalification course of fire?

No, as long as an agency's course of fire meets or exceeds the standard established by this rule then they are in compliance. Some of those agencies who qualify several times a year have indicated that they will shoot the GSAC at one of the qualification times and other courses of fire the rest of the year.

What happens if an officer does not qualify?

Each agency should consider its exposure to liability if it does not act to remove an officer who has failed to qualify from from active service until such time as compliance with this requirement has been demonstrated. The loss of the officer's power of arrest does not, however, occur unless the officer fails to comply with the requirements of this rule by December 31 of the current calendar year. POST DOES NOT recommend that any agency permit an officer who is unable to meet the requirement of this Rule be allowed to carry a firearm until such time as they have demonstrated compliance with the requirements of this Rule.

The new rule states that the officer must qualify using the standard set forth in the basic training course for which the officer was initially trained and is currently employed. Does this mean that if the officer attended a basic course in the 1970s and course of fire was 50 rounds and the standard was 70% that this officer must meet the original standard that they were originally trained?

The standard that every officer must meet is the current minimum standard set forth in the basic training course for which the officer is currently employed.

When a POST Certified Peace Officer is physically challenged and cannot meet this requirement, what is needed to exempt the officer of this rule?

O.C.G.A. 35-8-21 provides that the Georgia Peace Officer Standards and training Council may in its discretion grant an officer a waiver of the requirement of annual training set forth in that Code Section. Please be aware, however, that if an officer has a medical condition that prohibits him or her from performing the duties of a peace officer and this condition is expected to last more than 180 days, POST rule 464-3-.09 may require POST Council to take action against the officer's certification(s) as set out in the relevant law or rules. A copy of the aforementioned law and/or rule may be found on the POST website.

What are the appropriate course codes that an instructor should use to document this training?

UFR00F = Firearms Requalification (required to be taught by a POST certified Firearms Instructor
IFM22F = Use of Deadly Force (if provided by a POST certified Firearms Instructor)
IFM22G = Use of Deadly Force (if provided by a POST certified General Instructor)
IFR02F = Firearms Requalification and Use of Deadly Force (required to be taught by a POST certified Firearms instructor)

If both courses are taught on the same day, you may wish to use the IFR02F. If you have different students for each class, you may wish to use individual course codes.

How many hours of credit should be granted for each class?

Only the number of clock hours of training provided to each student. There is no set amount of hours assigned to each topic (for example: firearms requalification ' 4 hours) The minimum required established by the Rule is one hour for firearms requalification and one hour for use of deadly force.

Does this rule apply to officers who are not employed?

No. This rule only requires those actively employed as a peace officer to comply, on an annual basis.

So how does this Rule affect retired officers in regard to the "Law Enforcement Officers Safety Act of 2004" or H.R. 218?

With the implementation of this rule, retired officers may elect to comply with the provisions of POST rule 464-5-.03.1 and thus meet the provisions of USC 18-44-926C (c)(5) which states that "during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms." Please note that there are other provisions that a retired officer must meet in order to comply with this code section, such as: years of service, identification, etc. Since H.R. 218 is federal legislation, it is not an issue directly addressed by POST rule 464-5-.03.1. Thus, individuals seeking authorization under that provision of federal law should acquaint themselves with the law and its requirements.

How does a retired officer prove compliance with POST rule 464-5-.03.1?

POST has developed a form that should be completed by a POST certified firearms instructor documenting successful completion of the classroom training and firearms requalification. The retired officer must then complete the remaining portion of the form and submit it to POST along with the processing fee. Once received, POST will issue a certificate demonstrating the retired officer's with 18 USC 926C(c)(5).

NOTE: Nothing POST does or can do fulfills 926C(d) provisions; those are for the agency from which the officer retired to deal with, not POST.

The application for this certificate is available on the POST website by clicking here.

Who may provide the training and qualification for active and/or retired peace officers?

Any POST certified firearms instructor may conduct the firearms requalification. The training related to the agency's policy on "Use of Deadly Force"may be provided by a POST certified "General" instructor or firearms instructor.

Can a firearms instructor requalify themselves?

No. It would be unethical for an instructor to score themselves in a demonstration of proficiency such as firearms. Firearms instructors should do one of the following:

get requalified by another firearms instructor in the area,

get requalified when another agency conducts firearms qualifications,
requalify with a regional or local academy during firearms training in the basic mandate course, or

contact the Public Safety Training Center for requalification options.

General Information on Retired Officers Carrying Concealed Firearms

There are two code sections dealing with retired officers carrying concealed weapons. The first is Georgia law which deals with exemptions from Georgia’s concealed carry law.

OCGA § 16-11-130. Exemptions from Code Sections 16-11-126 through 16-11-127.2

(a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(c)(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer;

The second is federal law which deals with national carry.

18 U.S. Code § 926C - Carrying of concealed firearms by qualified retired law enforcement officers

Also referred to as HR 218 or Law Enforcement Officer Safety Act (LEOSA). LEOSA is federal legislation which provides for national carry by active and retired peace officers. Following is pertinent information regarding concealed carry by “retired” peace officers.

(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;

(d) The identification required by this subsection is-

(1) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or

(2)
(A) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer; and

(B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-

(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or

(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.