Selected Law Enforcement Agencies Have Established Policies and Procedures to Help Ensure Proper Taser Use

The seven law enforcement agencies we contacted have attempted to  ensure proper deployment of the Taser weapon by establishing and  employing use-of-force policies, training requirements, operational  protocols, and safety procedures. Use-of-Force Policies

Although none of the seven agencies had separate use-of-force policies that  specifically addressed Tasers, all of the agencies included the use of such  weapons into their existing policies so that police officers would have  guidance on the circumstances in which the use of Tasers may be  appropriate. In addition, all seven  agencies require Taser-specific training. Regarding Tasers, the protocols in the seven agencies require, among other  things, that Tasers be visually inspected on a daily basis, be appropriately  safeguarded, and, in some cases, be tested on a weekly basis or at the  beginning of an officer’s shift. A Taser is by nature a weapon and  carries with it inherent dangers.”
As shown in table 4, the seven agencies’ safety guidelines provide that the  Taser should not be used on children, pregnant suspects, or near  bystanders or flammable liquids. Some Federal, State, and Local Laws Address Tasers But Requirements Differ

In reviewing various laws, including statutes, regulations, and ordinances,  we found that Tasers were addressed in some federal, state, and local  jurisdictions. We also  found that the state of Indiana and the city of Chicago, Illinois regulate the  sale or possession of Tasers by non-law enforcement persons by requiring  that the same restrictions that apply to firearms must also apply to Tasers. Other states, such as California, prohibit Tasers from being carried into  public facilities such as schools and airports. TSA also has broad authority  under the Aviation and Transportation Security Act, as amended by Section  1405 of the Homeland Security Act of 2002, to approve the use of less-than- lethal weapons by flight deck crew members, as long as the TSA Secretary  prescribes “…rules requiring that any such crew member be trained in the  proper use of the weapon…” and “…guidelines setting forth the circumstances under which such weapons may be used.” Based on this  authority, in October 2004, TSA approved a request from Korean Airlines  that specially trained cabin attendants be permitted to use Tasers on  commercial flights in U.S. airspace. For example, in the state of Indiana, Tasers are subject to the  same licensing requirements as other handguns. If Taser use  becomes more widespread, particularly among non-law enforcement  personnel who have little or no firearms experience, we believe that this  training will become even more critical for safe, effective, and appropriate  use of the weapon. We also received comments from Taser International and the seven law  enforcement agencies we contacted. They generally agreed with the  information in the report. Objectives, Scope, and Methodology

For this report, our first objective was to obtain information on the policies  and procedures related to the issues of use of force, training, operations,  and safety for selected law enforcement agencies that have purchased and  used Tasers. Our  second objective was to obtain information on federal, state, and local laws  that specifically address Tasers, including the Transportation Security  Administration’s (TSA) authority to regulate Tasers on aircraft.
Why GAO Did This Study

Emerging domestic and international threats have generated a growing interest in the use of less-than-lethal weapons by government and law enforcement agencies and other entities such as commercial airlines. One such weapon--the Taser--is a hand-held weapon that delivers an electric shock via two stainless steel barbs, effectively incapacitating an individual. According to the manufacturer--Taser International, Incorporated (Taser International)--Tasers are currently used by over 7,000 of the 18,000 law enforcement agencies in the United States, with more than 140,000 Tasers in use by police officers in the field and an additional 100,000 Tasers owned by civilians worldwide. Tasers have been used on over 100,000 volunteers, including individuals involved in training seminars and research experiments, and involved in over 70,000 actual field uses during police encounters. In light of the expanding interest in the Taser, GAO was asked to provide information on (1) the policies and procedures related to the issues of "use-of-force," training, operations, and safety for selected law enforcement agencies that have purchased and used Tasers and (2) federal, state, and local laws that specifically address Tasers, including the Transportation Security Administration's (TSA) authority to regulate Tasers on aircraft.

What GAO Found

The seven law enforcement agencies we contacted have established use-of-force policies, training requirements, operational protocols, and safety procedures to help ensure the proper use of Tasers. Although none of the agencies have separate use-of-force policies that specifically address Tasers, all seven agencies include the use of Tasers into their existing policies. Taser training is required for officers who use the weapons, and agency officials said that training for officers and other non-law enforcement persons who are allowed to use Tasers is critically important to help ensure their safe use. Operational protocols require that Tasers be visually inspected daily, appropriately safeguarded, and, in some cases, tested weekly or at the beginning of an officer's shift. Safety procedures require that Tasers not be used on children, pregnant suspects, or near bystanders or flammable liquids and that individuals hit in specific body areas with Taser barbs, such as the neck or face, be examined by a physician. Some federal, state, and local jurisdictions have laws that address Tasers but requirements differ. For example, at the federal level, the Army prohibits Tasers from being brought into selected military installations in Georgia. Also, TSA may approve the use of Tasers on aircraft but must prescribe training rules and guidance on appropriate circumstances for using Tasers. At the state and local levels, the state of Indiana and the city of Chicago, Illinois, regulate the sale or possession of Tasers by non-law enforcement persons by subjecting Tasers to the same restrictions that apply to firearms. Other states, such as California, prohibit Tasers from being carried into public facilities such as airports. GAO observes that as the Taser becomes more widely used, especially by non-law enforcement persons, training is critical to help ensure its safe, effective, and appropriate use. TSA, Taser International, and the seven law enforcement agencies we contacted generally agreed with the information in this report.