Iowa: Unarmed Security Officers

Legislation and Details for Iowa

Legislation/Source:

CHAPTER 80A

PRIVATE INVESTIGATIVE AGENCIES AND SECURITY AGENTS
and
Iowa Administrative Code Chapter 661-121

Authorizing Department

Bail Enforcement/Private Investigative/Security Licensing
Program Services Bureau
Administrative Services Division
Iowa Department of Public Safety

215 East 7th Street, 4th Floor
Des Moines, Iowa 50319-0045
Phone: (515) 725-6230
Fax: (515) 725-6264
Email: piinfo@dps.state.ia.us

Official Website

Licensure and License Fees

UNARMED:

In Iowa only security businesses are subject to licensure.
Individuals seeking employment with a licensed security business must obtain an identification card issued by the department prior to commencing employment.
See: Iowa Code 80A.7

The identification card is bound to a specific employer who files the application form along with two 1”x1”color photographs of the applicant and two fingerprint cards and associated fees to the department on behalf of the individual applicant.
See: IAC 661-121.6(1)

The individual applicant has to meet the requirements outlined for licensure as described in Iowa Code 80A.4(1) and IAC 661-121.6.
See: Iowa Code 80A.4(3) and IAC 661-121.6

Fees payable by the employer are:
$100.00   Two year license (for a bail enforcement business, a private investigative agency or a private security agency)

$10.00   Employee ID
$30.00   Fingerprint Fee

See: A list of FAQ’s regarding the Iowa Licensure process (PDF)

Temporary Licensure
Iowa allows the issuance of a 14 day, temporary ID card for employed security officers as the full application is being processed.
See: Iowa Administrative Code at 121.11(2)

 

ARMED:  

Iowa does not publish or promulgate different rules for “Armed” Officers. Instead the rules are identical to Unarmed although one needs a professional permit to carry weapons.
Official Web Location for Weapons Permit

a. A person may be issued a permit to carry weapons when the person’s employment in a private security business licensed under Chapter 80A reasonably justifies that person going armed.
b. The permit shall be on a form prescribed and published by the commissioner of public safety, shall identify the holder, and shall state the nature of the employment requiring the holder to go armed. A permit so issued other than to a peace officer, shall authorize the person to whom it is issued to go armed anywhere in the state, only while engaged in the employment, and while going to and from the place of the employment.
See: Iowa Code 724.6.1

A professional permit expires twelve months after the date when issued.
See: Iowa Code 724.6.1.d

Individuals seeking employment with a licensed security business must obtain an identification card issued by the department prior to commencing employment.
See: Iowa Code 80A.7

According to the Administrative Services Division of the Department for Public Safety, individuals who are employed by a licensed security agency “must obtain an employee ID card from the department and must meet the standards established in 661 Iowa Administrative Code 2.3(80A)

See the unarmed section for details on the requirement of obtaining an employer ID card.
This section details the requirements to obtain a professional permit to carry weapons.

Applications for permits to carry weapons shall be filed with the Iowa Department of Public Safety.

Employment is required to obtain a professional permit to carry weapons.
See: Application for Iowa Permit to Carry Weapons

Fees:
$50 Application fee
$25 Renewal fee
$25 Duplicate permit
$30 Fingerprint fee

Foreign Jurisdiction Licensure

While as a general rule Iowa requires the firm or agency to be licensed, the state does not impose the licensure requirements on out of
state firms that in the furtherance of their businesses, peripherally contact Iowa citizens or entities.

The Iowa Code states: Any private investigative, private security, or bail enforcement business shall be licensed in Iowa if it is conducting business in Iowa.

As per IAC 121. 4, types of activities that are not, by themselves, viewed as demonstrating jurisdiction in Iowa include, but are not limited to, the following:(1) A non-Iowa-based private investigation business works on a criminal, civil, or administrative case that originates and is filed
in another state, but that contains some investigative elements in Iowa.

See: Chapter 121: Private Investigation, Private Security Businesses

Age Requirements

UNARMED:  The applicant must be at least 18 years old.
See: Iowa Code 80A.4(1)

ARMED:  Iowa Administrative Code 661-91.3(3)(a) prohibits the issuance of an Iowa professional permit to carry weapons to any person who is less than 18 years of age for a private security officer licensed by the Iowa department of public safety, or otherwise who is less than 21 years of age.

Citizenship

UNARMED:  Licensure rules do not specify citizenship requirements.

ARMED:  Iowa Administrative Code 661—91.3(1) requires that those licensed and permitted to carry a weapon are legally residing in the United States or are U.S. citizens who have not renounced their citizenship.

Experience

Not required

Exemptions

80A.2 Persons exempt.
This chapter does not apply to the following:
1.  An officer or employee of the United States, of a state, or a political subdivision of the United States or of a state while the officer or employee is engaged in the performance of official duties.
2.  A peace officer engaged in the private security business or the private investigation business with the knowledge and consent of the chief executive officer of the peace officer’s law enforcement agency.
3.  A person employed full or part-time by one employer in connection with the affairs of the employer.
4.  An attorney licensed to practice in Iowa, while performing duties as an attorney.
5.   A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons.
6.  A person exclusively employed in making investigations and adjustments for insurance companies.
7.  A person who is the legal owner of personal property which has been sold under a security agreement or a conditional sales agreement, or a secured party under the terms of a security interest while the person is performing acts relating to the repossession of the property.
8.  A person engaged in the process of verifying the credentials of physicians and allied health professionals applying for hospital staff privileges.
9.  A person engaged in the business of transporting prisoners under a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.
10.  A certified public accountant authorized to practice pursuant to chapter 542, while performing duties as a certified public accountant.

Permit Required

UNARMED:  Not required

ARMED:  A professional weapons permit is required.

Requirement to carry an ID card

According to Iowa Code 80A.7 the department issues each employee of the licensee an identification card in a form approved by the commissioner. The application for a permanent identification card shall include a temporary identification card valid for fourteen days from the date of receipt of the application by the applicant.

However, the legislation does not specify the requirement to carry or display the identification card while on duty.

 

ARMED:

A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person’s immediate possession the permit provided for in section 724.4, subsection 4, paragraph “i”, and shall produce the permit for inspection at the request of a peace officer.

See: Iowa Code 724.5.1

Moral Character

According to Iowa Code 80A.4 (3), each employee of an applicant or licensee shall possess the same qualifications required by 80A.4 (1) for a licensee. As such, pursuant to 80A.4 (1) (f) the applicant must be of good moral character and has not been judged guilty of a crime involving moral turpitude.

Fingerprint

UNARMED:  An application for an identification card shall include the submission of fingerprints of the person seeking the identification card, which fingerprints may be submitted to the federal bureau of investigation through the state criminal history repository for the purpose of a national criminal history check. Fees associated with the processing of fingerprints shall be assessed to the employing licensee.
84 Acts, ch 1235, §7; 85 Acts, ch 56, §2; 89 A
See: Iowa Code 80A.7(5)

ARMED:  According to Iowa Code 80A.4 (3), each employee of an applicant or licensee shall possess the same qualifications required by 80A.4 (1) for a licensee. As such, pursuant to 80A.4 (1) (j), the applicant must provide fingerprints to the department before a license is issued.

Substance Abuse

UNARMED:  According to Iowa Code 80A.4 (3), each employee of an applicant or licensee shall possess the same qualifications required by 80A.4 (1) for a licensee. As such, pursuant to 80A.4 (1) (d) is not addicted to the use of alcohol or a controlled substance.

 

ARMED:  

Iowa Administrative Code 661-91.3(1)(c) prohibits the issuance of an Iowa professional permit to carry weapons to any person: who is an unlawful user of or addicted to any controlled substance.

Iowa Administrative Code 661-91.3(3)(b) prohibits the issuance of an Iowa professional permit to carry weapons to any person: who is addicted to the use of alcohol.

Mental Health

UNARMED:  The applicant must not have a history of mental illness or instability.
See: IAC 661-121.5(9)

 

ARMED:  Iowa Administrative Code 661-91.3(1)(d) prohibits the issuance of an Iowa professional permit to carry weapons to any person: who has been adjudicated as a mental defective or who has been committed to a mental institution.

Criminal History Background Check

According to Iowa Code 80A.4 (3), each employee of an applicant or licensee shall possess the same qualifications required by 80A.4 (1) for a licensee.
As such, pursuant to 80A.4(1):

(c)   Has never been convicted of a felony or aggravated misdemeanor.
(g)   Has not been convicted of a crime described in section 708.3, 708.4, 708.5, 708.6, 708.8, or 708.9.
(h)   Has not been convicted of illegally using, carrying or possessing a dangerous weapon.
(I)   Has not been convicted of fraud.

The fingerprints may be submitted to the Federal Bureau of Investigation through the state criminal history repository for the purpose of a national criminal history check.
See: Iowa Code 80A.7(5)

 

ARMED:  

A person shall not be issued a permit to carry weapons unless the person has completed and signed an application on a form to be prescribed and published by the commissioner of public safety.
See: Iowa Code 724.10

Iowa Administrative Code 661-91.3(3) prohibits the issuance of an Iowa professional permit to carry weapons to any person:
(d)   Who has been convicted of a felony in a state or federal court, or who has been adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult; or
Who is subject to a court order that:

(1)   Was issued after a hearing for which such person received actual notice and at which such
person had an opportunity to participate;
(2)   Restrain such person from harassing, stalking, or threatening an intimate partner of such person
or child of such intimate partner or person or from engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and
(3)   Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(f)   Who has been convicted in any court of a misdemeanor crime of domestic violence; or
(g)   Who has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in Iowa Code chapter 708 not involving the use of a firearm or explosive

Personal References

None required

Training Requirements

UNARMED: Not required

ARMED: An applicant for an initial permit to carry weapons shall demonstrate knowledge of firearm safety by any of the following means:

a.   Completion of any National Rifle Association (NRA) handgun safety training course

b.   Completion of any handgun safety training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the National Rifle Association or certain other firearms training certifying bodies (such as the Iowa Law Enforcement Academy)

c.   Completion of any handgun safety training course offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency approved by the Iowa Department of Public Safety.

d.   Completion of small arms training while serving with the armed forces of the United States.
e.   Completion of a law enforcement agency firearms training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer’s duty.

f.   Completion of a hunter education program approved by the natural resource commission pursuant to section 483A.27, if the program includes a handgun safety training and completion of the handgun training is included on the certificate of completion.
See: Iowa Code 724.9.1

Exam Requirement

Not required

Child Support

According to Iowa Code § 252J.1 through 252J.9, the state may revoke or deny the giving of any business, driver’s, occupational, professional, or recreational permit or license for failure to pay child support.

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