Delaware: Armed Security Officers

Legislation and Details for Delaware

Legislation/Source:

Delaware Code Title 24
Professions and Occupations
Chapter 13. Private Investigators and Private Security Agencies
And
Delaware Administrative Code
Title 24 Regulated Professions and Occupations
Division of State Police
1300 Board of Examiners of Private Investigators and Private Security Agencies

Authorizing Department

Department of Safety and Homeland Security
Division of State Police

State Bureau of Identification
655 South Bay Road, Suite 1B
Dover, Delaware 19901
Phone: (302) 739-5991
Fax: (302) 739-5888
Email: dsp_sbidetectivelicensingemail@state.de.us

Official Website

Branch Office
SBI/Professional Licensing, DSP Troop 2
100 Lagrange Ave
Newark, Delaware 19702
Phone: (302) 834-2620

Licensure and License Fees

An individual seeking an armed status must obtain a commissioned security guard license.
See: DE Code §1321(d)

It shall be unlawful for a commissioned security guard to carry a firearm unless:
(1)   The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to or from a place of assignment;
(2)   The security guard is wearing a distinctive uniform indicating that the person is a security guard;
(3)   Such uniform has a distinctive patch that indicates the company by whom the person is employed;
(4)   The firearm is in plain view; and
(5)   The firearm is the type of weapon that the commissioned security guard qualified with pursuant to this chapter.
See: DE Code §1321(e)

Fees:
$85.00   Application and processing fee
$30.00   Firearms upgrade
$49.00   Testing fee (must be paid in advance to reserve seat)
$10.00   Replacement License
$85.00   Renewal fee

The cost for the 16 hour training varies by instructor.

See: Delaware State Police Security Guards/Firearm Guards

Foreign Jurisdiction Licensure

One must apply for a Delaware License. Delaware does not have reciprocity with any other states.

See: Security Guard FAQs

Age Requirements

The applicant must be at least 21 years of age

See: DE Code §1315

Citizenship

Citizenship requirement is not mentioned in the legislation, however, the application form does ask for a Driver’s License state/number and a social security number.

See: Application form

Experience

Not required

Exemptions

The Professional Licensing Section may waive the 40-hour firearms training requirement depending upon the applicant’s professional credentials, training and/or work experience (i.e. prior law enforcement).

See: Delaware Code Title 24, Chapter 13, 1.0 (1.2) Firearms Policy

Permit Required

69 Del. Laws, c. 285, §3.;§1321 Firearms

(a)   It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442 of Title 11, unless they have been issued a concealed deadly weapons permit.

(b)   It shall be unlawful for anyone licensed, under this chapter, to ca
rry any type of weapon unless the Board has approved the use of such weapon and, if approved, the person has been trained in the use of such weapon, by a board-approved instructor.
(c) It shall be unlawful for an individual, em
ployed as a security guard, to carry a firearm during the course of performing th
eir duties as a security guard, if they have not been issued a commissioned security guard license.

See Delaware Code Title 24, Chapter 13, 1.0 Firearms Policy

Requirement to carry an ID card

Delaware Code Title 24, Chapter 13, § 1324
Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which shall expire and be
renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance, unless the birth date is February 29,
in which event the license shall expire and be renewable on February 28 every fifth year.

Any person who has been issued an identification card by the Board of Examiners shall be required to have such card in their possession while in the performance of the person’s duties.
See: DE Code §1325

Moral Character

The applicant must not have been convicted of any misdemeanor involving moral turpitude.

See: Delaware Code Title 24, Chapter 13, § 1314(3)

Fingerprint

Complete the application and send to Professional Licensing.

 According to the General application information from Delaware State Police web site:

Individuals must appear for an appointment at State Bureau of Identification. On the appointment day, individuals will come into one of our two (2) locations (Delaware State Police Troop 2/Newark or Dover) for fingerprint and picture processing. Address locations are listed below.

State Bureau of Identification – Walk-In Availability
600 S. Bay Road
Suite 1
Dover, DE 19901

Delaware State Police Troop 2 – By Appointment Only, please call (302)-739-2528
100 Cpl/1 Stephen J. Ballard Way
Newark, DE 19702
(front lobby to the left)

$89 Non-refundable processing fee

Substance Abuse

The applicant must meet and maintain the following requirements:
(3) Must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or moral turpitude within the last 7 years, and there are no more than 2 of such misdemeanors during such person’s lifetime
See: DE Code Title 24, Chapter 13 § 1314

Mental Health

The legislation does not designate this requirement. However, the application form includes an “Authorization to Release Information to Contributor” section in which the applicant authorizes the Division of Mental Health or any institution to release the applicant’s mental health history to the Delaware State Police.
See: Application form.

Criminal History Background Check

For the purposes of 24 Del. C. Ch. 13, the Board may deny an application for a license or suspend or revoke a license if the applicant or licensee has been convicted of a misdemeanor crime involving moral turpitude.
See: DE Admin Code Section 1300 6.2.1 for a full list of offenses.

The applicant must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or moral turpitude, within the last 7 years, and:

a.   There are no more than 2 of such misdemeanors during such person’s lifetime; and

b.   No misdemeanor conviction occurred during or as a result of employment in a capacity regulated by this chapter.

(4)   Must not have been, as a juvenile, adjudicated delinquent for conduct which, if committed by an adult would constitute a felony, unless and until that person has reached his or her twenty-first birthday;
See: DE Code §1314

No person will be issued a license unless that person submits, to the State Bureau of Identification, their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color,
address of legal residence and the provision of such other information as may be necessary to obtain a report of the person’s entire criminal history record from the State Bureau of Identification and
a report of the person’s entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.
See:DE Code §1313(b)

Personal References

Not required

Training Requirements

Each person licensed as a security guard under 24 Del. C. Ch. 13 shall undertake a total of sixteen (16)
hours of training through a program approved by the Board, and any such additional training as the
Board deems appropriate. The required training shall include instruction in:

•   Legal requirements and limitations
•   Use of force
•   Ethics
•   Emergency services

•   Diversity
•   Communication
•   Asset protection
•   Terrorism

For a detailed course and training requirement outline see the Security Guard Certification Test Study Guide

The Board, in its discretion, may require such additional topics as it finds necessary. The Professional
Licensing Section shall have the authority to require regular reports on training from licensees and
employers, and shall report to the Board on compliance with this regulation.
Training certifications shall be submitted with each new application or re-application and the training
shall be completed no more than one year prior to submission of the application.

No individual licensed under 24 Del.C. Ch. 13 shall carry a firearm unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved firearms instructor. The course of instruction shall include a minimum 40 hours of training. The initial qualification course shall be used to fulfill one day and one low light requirement during the first year; however an additional day shoot must be completed at least 90 days after the date of initial certification, within the calendar year.
See: Delaware Code Title 24, Chapter 13, 1.0 Firearms Policy (1.2)

In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under 24 Del.C. Ch. 13 must shoot a minimum of three qualifying shoots per calendar year, scheduled on at least two separate days, with a minimum 90 days between scheduled day shoots. Of these three, there will be one mandatory “low light” shoot which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
See: Delaware Code Title 24, Chapter 13, 1.0 Firearms Policy (1.3)

Exam Requirement

Pass 16-hour exam with a minimum of 75% prior to appearing at Delaware State Police for processing.
Testing Fee is $49
See: Security Guard FAQs

Child Support

The State’s Division of Child Support Services may revoke and suspend any professional licenses or registrations upon failure to meet child support obligations.
See: DE Code Title 13 Chapter 22 §2216

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