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HandBook of Regulations

Effective Date: April 24, 2013

CHAPTER VIII - Marshal's Authority Restricted

 

Section 1: CIVIL ARREST AS PROVISIONAL REMEDY PROHIBITED

City marshals are not authorized to use civil arrest as a provisional remedy in the exercise of their official duties.

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Section 2: MARSHALS NOT PEACE OFFICERS

The Criminal Procedure Law classifies a city marshal as a peace officer if he or she has received training in firearms handling from the Federal Bureau of Investigation or the New York City Police Academy and has received a firearms permit from the License Division of the Police Department at One Police Plaza. However, the City of New York has not applied for state certification of marshals, as would be required by the Criminal Procedure Law before marshals could be designated peace officers.  Accordingly, marshals are not peace officers.

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Section 3: RESTRICTIONS ON FIREARMS

Section 3-1: Firearm Permits

The Appellate Division of the First Department has ruled that marshals are not peace officers, and therefore, marshals may not carry a firearm without a valid permit issued by the Police Department.   A marshal may apply for a license through the New York City Police Department, One Police Plaza, New York, New York 10038.

Section 3-2: Firearms Training

Every city marshal who possesses a permit to carry a concealed firearm must receive annual training in the handling of firearms from an organization authorized by the NYPD.   Such training shall include instruction in the following areas:

a. safe storage, use, and cleaning of a firearm; and
b. legally permissible use of deadly force.

Once each calendar year, the marshal must obtain a written certification that he or she has completed this training, and shall forward such certification, along with a photocopy of his or her permit to carry a concealed firearm, to the Director of the Bureau of City Marshals.  At its discretion, the Department may require an individual city marshal to obtain additional training. 

Any marshal who does not complete this training must surrender his or her permit to carry a concealed firearm to the NYPD and comply with the NYPD regulations concerning the disposition of his or her firearm, and provide documentation of this compliance to the Director of the Bureau of City Marshals.

Section 3-3:Department Of Investigation Notification Upon Display or Discharge of Weapon

City marshals must notify the Department of Investigation within two hours on a business day, or, if the occurrence is on a weekend or holiday, by  11:00 a.m. the next business day, after the marshal learns of the display or discharge of any firearm at any time by a marshal or his or her employees or agents.   Excluded from this requirement are uses of a firearm for training or recreational purposes.  In enforcing this section the Department of Investigation shall consider whether a marshal's failure to notify the Department of Investigation within the applicable time limits was due to a circumstance beyond his or her control.



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