The Wire · CalGunHub

California DOJ issues guidance on deadly weapon definitions for officer-involved shooting investigations

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The California Department of Justice published an information bulletin clarifying how law enforcement agencies should classify deadly weapons during officer-involved shooting investigations under Assembly Bill 1506.

Summary by the CalGunHub desk.

Who this affects: This bulletin provides administrative instructions for California law enforcement agencies regarding state oversight of officer-involved shootings. If an individual is involved in an incident with law enforcement, the classification of any objects they possess determines whether the state will mandate an independent investigation. The guidance clarifies that possessing an unloaded firearm or pellet gun automatically classifies a civilian as armed, whereas possessing a replica gun or a sheathed knife might not trigger the same classification depending on how the object is used.

The California Department of Justice Division of Law Enforcement issued Information Bulletin No. 2022-DLE-01 on March 30, 2022. The finalized bulletin provides guidance to district attorneys, police chiefs, sheriffs, and state law enforcement agencies regarding Assembly Bill 1506. Effective July 1, 2021, this legislation requires the department to investigate incidents where an officer-involved shooting results in the death of an unarmed civilian.

The document clarifies the definition of a deadly weapon to help agencies determine if an incident qualifies for a state investigation. According to the bulletin, all firearms and BB or pellet guns are considered deadly weapons, even if they are unloaded or inoperable. Replica firearms, such as Airsoft guns, are not classified as deadly weapons unless they are used in a manner likely to produce death or great bodily injury, such as a bludgeon.

The bulletin notes that objects with a legitimate non-weapon purpose, including automobiles, baseball bats, or screwdrivers, are only considered deadly weapons based on the totality of the circumstances. The evaluation process cannot rely solely on the mere possession of an object. The document states, "DOJ deployment does not suggest, in any way, criminal culpability." Law enforcement agencies are instructed to immediately notify the state whenever there is doubt or uncertainty about whether a shooting qualifies under the statute.

Reproduced from the official source.

Sources

  1. Government release: Determination of “Deadly Weapon” in Officer Involved Shooting (OIS) Incidents as AB 1506 qualifying events

Informational only, not legal advice. Facts are attributed to the sources listed above.