12 NCAC 09E .0107          FAILURE TO QUALIFY: ANNUAL FIREARMS qualification

(a)  Where an officer is employed with an agency that establishes a higher standard for annual firearms qualification than those specified in this Subchapter and the officer has failed to meet the requirements of the employing agency as of December 31 in a given calendar year, such officer shall meet the requirements of this Rule for continued certification. Prior to transfer to another agency, the officer shall meet the requirements of this Rule.

(b)  Upon notification to the Division via Form F-9B, 'Report of Non-Compliance of Mandatory In-Service Training', that an officer has failed to meet the requirements for annual firearms qualification as specified in 12 NCAC 09E .0106 of this Subchapter, the law enforcement officer's certification shall be suspended. Form F-9B shall contain the following: officer's name, Academy ID number, mailing address, agency name, whether the officer is requesting a waiver, name and signature of agency head or authorized representative, and checklist of incomplete in-service training topics.

(c)  The Division shall rescind the suspension indicated in Paragraph (b) of this Rule upon receipt from an agency representative of Form F-9C, 'Return to Duty Request', indicating the suspended officer has completed the annual firearms qualification pursuant to 12 NCAC 09E .0106. Form F-9C shall contain the following: officer's name, Academy ID number, agency name, current certification status, completion date of each block of in-service training, and name and signature of agency head or authorized representative.

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. July 1, 1989;

Amended Eff: January 1, 2005; August 1, 2000; March 1, 1992; March 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. July 1, 2023;

Readopted Eff. July 1, 2026.