439.25 Firearms Evidentiary Test Fire and Retention Policy

This policy provides the standard operating procedure for test firing firearms recovered by the department as potential evidence for the purpose of retrieving a set of known DCCs that can be entered into the IBIS/NIBIN database. The intent of the department is to test fire every firearm that produces DCCs that are suitable for entry into the IBIS/NIBIN database.  For purposes of this policy, the forensic services unit (FSU) is the authority responsible for coordinating and/or conducting test fires.

1. SPPD personnel assigned to the gun and gang unit or forensic services unit (FSU) that are authorized by the unit commander or forensic laboratory manager may conduct a test fire for evidentiary purposes.
2. Every test fire must be performed under the direction of a gun and gang unit sergeant, authorized FSU technician/scientist, and/or a current department firearms safety instructor.  At a minimum, one of the two must have current armorer training or be a current use-of-force instructor.
3. The FSU will automatically collect DNA from every firearm prior to conducting a test fire.
4. After the firearm has been processed for DNA, the firearm will be test fired.
5. A minimum of two authorized FSU or gun and gang unit personnel will take the firearm to an approved SPPD gun range or the test fire area designated in the sub-basement of headquarters and ensure that all department range policies are followed.
6. Gloves will be worn when handling the firearms.
7. Each firearm will be inspected by an armorer and/or current department firearms safety instructor to assess the functionality of the firearm so that it may be fired safely.  
8. Two cartridges will be placed in the firearm magazine which will be safely seated into the firearm.
9. Two rounds will be fired downrange (if at a range) or into the bullet trap located in the test fire area.
10. Both known DCCs will be placed into a "Test Fire Evidence" envelope that is marked with the case number, unique item number, and the identifying information of the firearm.
11. The firearm will be inspected to ensure it is unloaded and repackaged in the gun box.
12. The firearm will be returned to the property room or retained in the forensic services unit for further processing.
13. The known DCC evidence will be entered into Evidence Manager according to current property and evidence procedures and will be retained in the FSU for NIBIN entry.

14. The person conducting the test fire will write a supplemental report documenting how the test fire was performed, who performed it and what the results were.
15. The FSU will enter DCCs into the IBIS/NIBIN database and will write a supplemental report documenting the entry.
16. NIBIN search results are returned to the person that entered the search in IBIS and the office assistant for the FSU.
17. Any potential associations are disseminated to the assigned investigator(s) and are documented in a supplemental report.  Searches with no potential associations are documented on the IBIS spreadsheet that is accessible by FSU and the gun and gang unit.

Circumstances where a firearm may not be test fired include, but are not limited to:

• Loose or bulging barrel
• Bore obstruction
• Rusted or corroded components
• Broken or missing parts
• Loose or missing screws
• Alterations or adaptations either intentionally done or through wear
• Unknown caliber of the firearm
• Any other condition where the armorer does not feel comfortable firing the weapon

Firearms to be test fired will not have any of the components of the weapon taken apart or modified to make the weapon serviceable. It must be fired "as is" or not fired at all. If a firearm is deemed to be not suitable for test firing the case investigator will be notified and it will be the investigators decision whether the firearm is sent to the BCA.

Firearm Retention Schedule

When determining the retention schedule for firearms submitted for test fires, investigators should follow the Ramsey County Evidence Retention Policy (RCERP) for charged cases.

For uncharged cases, the department's general orders and procedures supersede the RCERP in the following ways:

1. When there are no investigative leads generated from the entry of the test fired DCC into IBIS/NIBIN, or other testing that is appropriate under the circumstances and authorized by the department, the firearm will be returned to a rightful, legitimate owner if possible. If the firearm becomes abandoned or unclaimed property, it will be processed for disposition according to the department's abandoned and unclaimed property procedures consistent with Saint Paul Legislative Code chapter 14.

2. When lead(s) are generated from the test fired DCC or other forensic testing, the firearm may be retained for up to 12 months from the date of the IBIS/NIBIN submission to allow investigators time to follow up on the new lead(s). If no additional leads are developed, the firearm will be returned to a rightful, legitimate owner if possible. If the firearm becomes abandoned or unclaimed property, it will be processed for disposition according to the department's abandoned and unclaimed property procedures consistent with Saint Paul Legislative Code chapter 14.