501 CMR 8.00: Standards for the Use of Electronic Control Weapons in the Commonwealth

Authority

G.L. c. 140, § 131J

Issuing Authority: Executive Office of Public Safety and Security
Regulatory Authority: G.L. c. 140, § 131J
MA REG. #1486, Dated 1/06/2023

Purpose (§ 8.01)

Establishes rules governing lawful possession, minimum safety and quality standards, safe storage, education and training requirements, and law enforcement training for electronic control weapons.

Definitions (§ 8.03)

• Electronic Control Weapon (ECW) / Conducted Energy Device: A stun gun as defined in § 121, or any portable device or weapon that delivers an electrical current, impulse, wave, or beam designed to temporarily incapacitate by causing neuromuscular incapacitation or pain, regardless of whether it uses darts/projectiles via wire leads.
• Authorized Law Enforcement Agency: State, county, municipal, or district LE agencies including city/town police, State Police, MBTA PD, UMass PD, MassPort PD, sheriff departments (police duties), college/university/hospital police, humane society police, and any POST-certified agency.
• Authorized Law Enforcement Officer: Officers of authorized agencies, including special state police (§ 22C, §§ 57/58/63), special/deputy sheriffs performing police duties, constables executing arrests, reserve/intermittent officers. Excludes state/county correctional officers on tactical teams.
• Civilian: Any individual who is not an authorized LE officer.

Law Enforcement Requirements (§§ 8.04-8.07)

Agency Requirements (§ 8.04) - Written use of force policy consistent with 550 CMR 6.00 and 555 CMR 6.00 - Written ECW policy - Record of officer acknowledgment of both policies - All ECWs must have discharge tracking mechanism - Compliance with St. 2004, c. 170, § 2 reporting requirements and POST Commission rules

Officer Requirements (§ 8.05) Must be: POST-certified, employed by authorized agency, acknowledged policies in writing, completed MPTC/MSP defensive tactics training, authorized to carry a firearm with completed use of force and firearms training.

May not carry/use ECW until completing approved MPTC or MSP training program (except for training purposes).

Storage: When not carried or under control of owner/authorized user, ECWs must be secured in a locked container per § 131L.

Training Requirements (§ 8.06) Initial training (minimum 6 hours): - ECW mechanics review - Medical issues (effects on pre-existing conditions, probe removal) - Weapon proficiency (demonstration, practice discharge, transition exercises, scenarios) - Force option analysis and policy overview - Testing on protocols, use, and effects

Annual requalification (minimum 4 hours):
- Policy review, updates, testing, proficiency demonstration

Instructor Certification (§ 8.07) Must be MPTC-certified (or MSP Colonel-certified for State Police). Minimum: 16-hour manufacturer training + MPTC/MSP instructor certification requirements.

Civilian Requirements (§ 8.08)

• LTC required: Civilians must hold a valid LTC under § 131 to use or possess an ECW.
• Prohibited persons: Persons prohibited under § 131 may not use or possess ECWs.
• Storage: When not in immediate control/possession of lawful owner or authorized user, must be secured in a locked container per § 131L.