Arkansas: Unarmed Security Officers

Legislation and Details for Arkansas

Legislation/Source:

Arkansas Code Title 17 ‐ Professions, Occupations, and Businesses
Subtitle 2 – Nonmedical Professions
Chapter 40 – Private Investigators and Private Security Agencies
And
Department of Arkansas State Police Rules for Licensing and Regulation of Private Investigators, Private Security Agencies, Alarm Systems Companies, Polygraph Examiners, and Voice Stress Analysis Examiners

Authorizing Department

Arkansas State Police
One State Police Plaza Drive
Little Rock, AR 72209
Phone:501-618-8600
Email: info@asp.arkansas.gov
Official Website

Licensure and License Fees

In Arkansas full licensure is reserved to security businesses alone. Individuals employed by such licensed business are required to obtain “Credentials”, an authorization granted by the Department of Arkansas State Police to an individual to perform the duties of a private security officer.

The Private Security Officer(PSO) is the unarmed officer while the state designated the Commissioned Security Officer(CSO) as the armed officer. In both cases, the PSO and CSO must file an application.
AR Code §17-40-102 (29) provides the following definition of the PSO:
Private security officer” means any individual employed by a security services contractor or the security department of a private business to perform the duties of a security guard, security watchman, security patrolman, or armored car company.

Proprietary security officers are exempt from the requirement to register.
See: AR Code §17-40-103(a)(1)

Fees (for PSO):
$40.00 – Application Fee
$22.00 – State Background Check Fee
$11.25 – Federal Background Check Fee
$1.00 – Federal Background/INA Fee
$2.00 – Federal Background Check Fee
$76.25 Total

See: PSO Application Form

The credential expires two years from the date of issuance. (See: AR Code §17-40-313(a)(1))

Renewal training must be completed and the applicant must submit certification that
the renewal training requirements have been met before a credential or commission will be
renewed. (See Rule 10.9)

The same amount ($76.25) needs to be submitted by a check or money order to renew.
See:PSO Application Renew Form

If a licensee hires an individual required to be credentialed by the Department, the licensee must file an application to obtain a credential for the employee within 14 days of the hire. See: PSO Application Form

Temporary licensure:  According to the  PSO Application Form, “The applicant may work under the supervision of the licensee or credential holder until the application has been processed by the department.** “Supervision” is defined as the licensee or credential holder watching and directing the applicant’s activities while in the immediate presence (line of sight proximity) of the applicant at all times. 

 

Foreign Jurisdiction Licensure

Arkansas clearly prohibits any security services without licensure by its licensing authority.

§17-40-301 (a)(2)
License required. It shall be unlawful Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter.

According to Rule 2.4: (Rules updated in 2020)

Reciprocity & Temporary Licensing – An applicant who holds a substantially similar license, credential, or commission in another state, territory, or district of the United States may obtain a reciprocal or temporary Arkansas license, credential, or commission as follows:

(a) An applicant for a polygraph examiner license or a private investigator credential must meet the qualifications set forth in A.C.A. § 17-39-205 or § 17-40-353.
(b) An applicant for any other reciprocal license, credential, or commission must demonstrate that he or she:

(i) Holds the license, credential, or commission in good standing;
(ii) Has not had his or her license, credential, or commission revoked for an act of bad faith or a violation of law, rule, or ethics;
(iii) Is not holding any suspended or probationary license, credential, or commission;
(iv) Is sufficiently competent in his or her field;
(v) Has been actively and lawfully engaged in the particular profession requiring the license, credential, or commission for one (1) or more years prior to submitting the reciprocal application; and
(vi) Has completed any Arkansas-specific education or training required by the particular license, credential, or commission;

(c) An applicant for a reciprocal license, credential, or commission who resides in a state, territory, or district of the United States that does not require licensure to practice a profession covered by this subchapter must demonstrate that he or she:

(i) Has not had his or her license, credential, or commission revoked for an act of bad faith or a violation of law, rule, or ethics;
(ii) Is not holding any suspended or probationary license, credential, or commission;
(iii) Is sufficiently competent in his or her field;
(iv) Has been actively and lawfully engaged in the particular profession requiring the license, credential, or commission for five (5) or more years prior to submitting the reciprocal application; and
(v) Has completed any Arkansas-specific education or training required by the particular license, credential, or commission;

(d) An applicant who meets the requirements of subsections (a), (b), or (c), above, may obtain a 90-day temporary license, credential, or commission upon request. The applicant seeking the reciprocal or temporary license, credential, or commission must submit the required forms, non-refundable application fee, and national and state background check fees. The applicant must also have his or her background check successfully completed through state and federal background check systems.

Age Requirements

The applicant for a PSO must be at least 18 years of age at the time of application.
See: AR Code §17-40-306(a)(1)

A CSO applicant must be at least 21 years of age.
See: AR Code §17-40-337(a)(1)

Citizenship

Must be U.S. Citizen or legal resident. According to the application, for a non- U.S. citizen the person must be able to provide proof of eligibility to work in the U.S.

See: PSO Application Form and CSO Application form

Experience

None required

Exemptions

The exemptions listed under §17-40-103, are as follows:
(a)   This chapter does not apply to:
(1) A person employed exclusively and regularly by one (1) employer in connection with the affairs of that employer only and where there exists an employer-employee relationship;
(2) An officer or employee of the United States, of this state, or of a political subdivision of either, while the employee or officer is engaged in the performance of official duties;
(3) A person not in the employ of another law enforcement officer and who has part-time or full-time employment as a law enforcement officer and who is certified by the Arkansas Commission on Law Enforcement Standards and Training as a law enforcement officer and receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, or watchman if the person is:
(A) Employed in an employee-employer relationship; or
(B) Employed on an individual contractual basis

See: AR Code §17-40-103 for a full list of exemptions.

Training exemption: According to the PSO Application  and Rule 10.6, certified law enforcement officers are exempt from the training requirements. The officer must be a current, active law enforcement officer.

 

Permit Required

The Director of the Department of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or her employment.
See: AR Code §17-40-330

Requirement to carry an ID card

Rule 5.5. Identification – All licensed, credentialed, or commissioned individuals shall wear their pocket identification or credential card in plain sight while performing any functiondescribed in A.C.A. § 17-40-102 and produce said card upon request in such a manner thatenables the requestor to identify the licensee, credential holder, or commission holder.

Moral Character

A.C.A. § 17-40-307 (a) (8-9) An application for a license or credential under this chapter shall be in the form prescribed by the Director of the Department of Arkansas State Police and shall include:

(8) A verified statement disclosing any record of arrests, pending criminal charges, or convictions of the applicant of a felony, Class A misdemeanor, a crime involving an act of violence, or any crime involving moral turpitude, including those that have been sealed or expunged;

(9) Information that may be required by the director that would show that the applicant is honest, trustworthy, and of good character.

Fingerprint

The applicant shall submit two classifiable sets of fingerprints.
See: AR Code §17-40-307(a)(6)

The applicant’s fingerprints must be submitted to be used to check the criminal history records of the FBI as noted on the PSO application.

Rule 2.6. Fingerprinting for initial application – In the event a legible and classifiable
set of fingerprints cannot be obtained, as determined by the Division or the Federal Bureau of
Investigation, the applicant shall be contacted and shall be required to be fingerprinted again.
After two (2) unsuccessful fingerprint card submissions, a name search through the FBI will be
conducted. Electronic capture of the fingerprints of the applicant on a device and in a manner
approved by the Director is allowed. The Director shall determine the applicant’s eligibility for
licensing only after successful completion of the FBI fingerprint-based check.

Substance Abuse

The applicant must not be suffering from habitual drunkenness or from narcotics addiction or dependence.
See: AR Code §17-40-306(a)(2)

Mental Health

The applicant must not have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution or to a mental health treatment facility.
See: ACA §17-40-306(a)(5) and ACA § 17-40-337 (a)(7)

Criminal History Background Check

The applicant must list all arrests, pending criminal charges, pleas of nolo contendere, pleas of guilty, or convictions for any felony, Class A misdemeanor, crime involving an act of violence, or crime involving moral turpitude.

Every applicant for a commissioned security officer will potentially have background check by the Arkansas State Police and through the Arkansas State Hospital and Veterans Administration Hospital, medical doctor, police agencies, the Arkansas Crime Information Center, Federal Bureau of Investigation, National Crime Information Center, Interstate Information Index, credit reporting agencies, former employers, and former business associates to furnish information from their records to the Arkansas State Police.

See: PSO Application Form

Each first-time applicant for credential shall apply to the Department of Arkansas State Police for a state and national criminal background check to be conducted by the department and the Federal Bureau of Investigation.
See: AR Code §17-40-307(e)(1)(A)

The director shall not issue a credential or renew an existing credential of a person who has been found guilty of or pleaded nolo contendere to one or more of the following in any court in the State of Arkansas or to a comparable offense in another state or in a military or federal court for which a pardon has been granted:
•  (A) A felony;
•  (B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the department under subsection (e) of this section; or
•  (C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor.

(2) An individual shall not be denied issuance of a license or credential or renewal of an existing license or credential if the individual by any court has been found guilty of or pleaded guilty or nolo contendere to any misdemeanor if the person was found guilty of or pleaded guilty or nolo contendere to the misdemeanor ten (10) or more years before the date of the application for issuance or renewal.
(3) For purposes of this subsection, the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court.

The applicant must not be a registered sex offender or be required to register as a sex offender.
See: AR Code §17-40-306(a)(6)

 

Commisioned Security Officers (CSO’s): 

(a) A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who:

2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged:
(A) An offense listed under § 17-40-306(d);
(B) A crime involving the use of a firearm; or
(C) A crime involving the use of alcohol while in possession of a firearm;
(3) Has committed an act that would be grounds for suspension or revocation under this chapter;
(4) Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police;
(5) May not lawfully possess a firearm;
(6)
(A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.
(B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant’s qualifications.
(C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints.
(D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check;
(8) Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

See: AR Code §17-40-337

The Director of the Department of Arkansas State Police may deny, suspend, or revoke a commission as a commissioned school security officer or a commission as a commissioned security officer if the applicant for a commission or the commission holder is indicted or arrested for one (1) of the following offenses or a comparable offense in another state:
(1)   A felony;
(2)   A Class A misdemeanor;
(3)   A crime involving an act of violence;
(4)   A crime involving the use of a firearm;
(5)   A crime involving the use of alcohol or drugs while in possession of a firearm;
(6)   A crime that results in the person’s disqualifying himself or herself from legally possessing a firearm under state or federal law; or
(7)   A crime involving moral turpitude.
See: AR Code §17-40-344

 

Personal References

Not required

Training Requirements

An applicant for a PSO credential must complete Phase I training requirements (eight hours) and pass an examination administered by the Training Administrator, Assistant Training Administrator, or Trainer.

Rule 10.3. Phase I – the training requirements for Phase I must be taught to all PSO, CSO, and CSSO applicants and shall consist of eight (8) hours minimum on the following subjects:

(a) Legal Authority

(i) Legal authority of PSOs;
(ii) Classification of crimes;
(iii) Arrests and detentions by PSOs;
(iv) Use of force, including:

(1) Non-deadly force;
(2) Deadly force;
(3) Civil penalties; and
(4) Criminal penalties.

(v) Case studies and discussion;

(1) Common crimes encountered by PSOs;
(2) Other crimes; and
(3) Appropriate actions for PSOs.

(vi) Company/site/account specific legal issues – discussion geared toward the specific legal issues relating to the type of property to which the PSO is assigned (e.g. college, school, university, hotel, bar, etc.); and
(vii) A.C.A. §§ 17-40-101, et seq. and these Rules, including:

(1) Purpose of the statute;
(2) Who is covered by the statute;
(3) Definitions;
(4) Minimum qualifications for PSOs, CSOs, and CSSOs, including, but
not limited to:

a. Disqualifying factors;
b. Fee structure; and
c. Renewals.

(5) PSO, CSO, and CSSO responsibilities;
(6) Key provisions of the statute, including:

a. Training requirements;
b. Reporting requirements; and
c. Penalties for violations.

(b) Field Note Taking and Report Writing

(i) Importance and purpose of reports;
(ii) Required equipment and an explanation of importance;
(iii) Notebook contents and an explanation of importance;
(iv) The six (6) most important questions that must be answered by a report;
(v) A review of basic English grammar, and writing skills; and
(vi) Practical exercises, such as:

(1) A review of several examples of well written reports;
(2) A review of several examples of poorly written reports; and
(3) Practice of writing one or more reports and critique by the instructor.

 

Rule 10.4. Phase II – In addition to Phase I training, the training requirements for Phase II must be taught to all CSO and CSSO applicants and shall consist of sixteen (16) hours minimum (at least eight (8) hours in the classroom and eight (8) hours on the firing range) on the following subjects:

(a) Use of Deadly Force and Arkansas Law

(i) Relevant statutes and case law;
(ii) Discussion about fleeing individuals;
(iii) Discussion of the criminal ramifications of firing a warning shot;
(iv) Criminal penalties;
(v) Civil penalties; and
(vi) Other considerations.

(b) Weapons and Safety

(i) Fundamental firearm safety;
(ii) Weapons nomenclature;
(iii) Cleaning and maintenance;
(iv) Storage; and
(v) Weapon retention.

(c) Live Fire Training, Marksmanship, and Qualifications

(i) Range procedures and range safety;
(ii) Fundamentals of firearms;
(iii) Holster drills;
(iv) Movement drills;
(v) Dry fire exercises;
(vi) Clearing stoppages;
(vii) Practice and evaluation;
(viii) Tactical and emergency reloading;
(ix) Pistol qualification course – the course must mirror the Arkansas Commission
on Law Enforcement Standards and Training (www.clest.org) firearms qualification course; and
(x) Rifle or shotgun qualification course – required if a CSO is required to carry a rifle or shotgun during the course of their employment – the course must mirror the www.clest.orgrifle/shotgun qualification course.

See: PSO and CSO Training Pages.

See: The Security Guard License Guide for more details.

Prove of successful completion of the training has to be provided with the application.
See: PSO Application Form

 

REFRESHER TRAINING:

Rule 10.9. Renewal training requirements – renewal training for a PSO, CSO, or CSSO is required every two (2) years and must be completed within the twelve (12) month period prior to renewal. Renewal training must be completed and the applicant must submit certification that the renewal training requirements have been met before a credential or commission will be renewed. An individual may count completed hours of renewal training toward the minimum hours of refresher training required to be completed each year.

Rule 10.10. Renewal training requirements for PSOs – the training requirements for renewal of a PSO credential shall consist of a minimum of six (6) hours. The training shall include, but not be limited to, the subjects found in Phase I as described in Rule 10.3, above.

Rule 10.11. Renewal training requirements for CSOs – the training requirements for renewal of a CSO commission shall consist of a minimum of twelve (12) hours. The training shall include, but not be limited to, the subjects found in Phase I and Phase II, as described in Rule 10.4 and Rule 10.5, above. The renewal training shall include firing range qualification on an ALETA qualification course and a safety course.

Exam Requirement

Rule 10.0. Private Security Officer (PSO) – An applicant for a PSO credential must complete Phase I training requirements and pass an examination administered by the Training Administrator, Assistant Training Administrator, or Trainer.

Rule 10.1. Commissioned Security Officer (CSO) – An applicant for a CSO credential must complete Phase I and Phase II training requirements and pass an examination administered by the Training Administrator, Assistant Training Administrator, or Trainer

Rule 10.16. PSO, CSO, and CSSO examination – An applicant for a credential or
commission under this Section must demonstrate his or her qualifications by successfully
completing an examination developed and administered by a Training Administrator or Assistant
Training Administrator covering A.C.A. § 17-40-101, et seq. and these Rules.

(a) The length and topics covered by the examination are as follows:

(i) PSO examination – minimum of seventy (70) questions on the subjects found
in Phase I as described in Rule 10.3, above
(ii) CSO examination – minimum of one hundred (100) questions on the subjects
found in Phase I and Phase II as described in Rule 10.3 and Rule 10.4, above.
(iii) CSSO examination – minimum of 120 questions on the subjects found in
Phase I, Phase II, and Phase III as described in Rule 10.3, Rule 10.4, and Rule
10.5, above.

(b) The applicant must take the examination in person. If the applicant is a partnership or
corporation, the manager and any branch manager must take the examination.
(c) Scoring seventy percent (70%) or above on the examination constitutes successful
completion.
(d) If an applicant fails to successfully complete the required examination he or she:

(i) Must wait five 5 working days to be eligible to retake the test; and
(ii) Pay a re-examination fee of $50.00 if the test is administered by the Division.

(e) Failure to successfully complete the examination after two (2) attempts shall result in
cancellation of the pending application. Upon cancellation, the applicant must re-apply as
a new applicant and is subject to pay the required application fees.

 

 

Child Support

The Department is required by Arkansas Law to suspend a license, credential, or commission if so ordered by the Office of Child Support Enforcement (OCSE).
See: Rule 6.5 Suspension for non-payment of child support

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