New Hampshire: Unarmed Security Officers
Legislation and Details for New Hampshire
New Hampshire Statutes
Title VII – Sheriffs, Constables, and Police Officers
Chapter 106-F: Private Investigative Agencies, Bail Enforcement Agencies, and Security Services
and
New Hampshire Administrative Rules
Chapter Saf-C 2200- Licensing of Private Detectives and Security Guards
In New Hampshire a license is issued to a security guard employee or as an individual private security officer. Be mindful of the fee and regulatory differences.
Private/Individual Security Guards (biennial license) – See: NH Individual Security Guard application
$10 Background investigation fee
$25 Criminal record check fee
$150 Application fee
$26.50 if armed (for fingerprinting)
Additionally, applicants require a two-year $50,000 surety bond
Security Guard Employees – See: NH Employee Security Guard Application
$10 Background investigation fee
$25 Criminal record check fee
$5 Application fee
$26.50 if armed (for fingerprinting)
Reciprocity is not permitted. See NH Information for Security Guards
UNARMED or ARMED: The applicant must be at least 18 years of age. See: NH information for security guards
Applicant must be a U.S resident. See: NH information for security guards
Not Required
106-F:4 Exclusions. –
The following are excluded from the provisions of this chapter; provided, however, that nothing in this section shall preclude a person otherwise qualified from licensure under this chapter:
I. Insurance adjusters licensed under RSA 402-B.
II. Consumer reporting agencies and their employees who are engaged solely in the business of assembling or evaluating consumer credit information for a consumer reporting agency as defined in RSA 359-B:3, VI.
III. Police officers or fire investigators of the United States and the state, county, city, or town, while assigned to duty by and performing as officers of their respective law enforcement or fire service agencies.
IV. Any unarmed security employee who is a direct employee of a business which is not a security guard agency and who is employed by that business to secure its premises while so employed, including but not limited to store detective and watchmen.
V. Towing or wrecking companies engaged in the repossession of vehicles.
VI. Firefighters employed by the state or any political subdivision providing fire watch or fire protection services at public events.
VII. Persons engaged solely in collecting or acquiring data for the purpose of motor vehicle or other accident or occurrence reconstruction or scientific analysis.
VIII. Persons engaged in reporting or providing information to an accredited news publication, media, or news outlet.
IX. Persons employed or contracted by a commercial or legal entity to provide, for internal use or dissemination, gross population data or information relating to patterns of general population behavior, criminal or societal activity, or other information that does not include the collection of personally identifiable information, including but not limited to voter preference polls, demographic surveys, or business or academic research.
X. Persons serving subpoenas or summonses for attorneys as provided by statute.
XI. Persons conducting management studies or performance evaluations of municipal, county, or state government agencies or providing recruitment and hiring services for such agencies under contract to governing bodies of those agencies.
XII. Attorneys, and employees of their law firms acting as their agents, exercising legal rights to investigate on behalf of their clients, and persons engaged in computer or digital forensic services, or computer network or system testing.
XIII. A certified public accountant who holds an active permit issued by any state or a public accounting firm registered in any state, and the employees of such certified public accountant or firm.
XIV. The employees of any nationally or state chartered financial institution, as defined in RSA 161-C:2, VI-b, and any company controlled by, or under common control with, or hired by, the financial institution with respect to the investigation of the identity, identifying information, financial condition, and background of customers, employees, or service providers to comply with, or to audit or evaluate its performance under, the requirements of federal and state laws and regulations.
XV. Any persons from other states accompanying national political candidates on visits to the state or persons providing temporary security to entertainers at live performances.
Saf-C 2207.01
All private detectives and security guards, whether licensed as individuals or employees, shall be issued identification cards by the department.
The legislation is silent on the requirement to carry the identification card while on duty.
Saf-C 2203.07 Background Investigation:
(a) Upon receipt of a completed application, the division shall conduct a background investigation into the character, competency, and integrity of the applicant.
Saf-C 2203.08 Questionnaire.
(a) If during the background investigation of the applicant a question arises about the applicant’s character, integrity, or competence, the commissioner shall send each of the named references on the application a questionnaire.
(b) The questionnaire shall request the recipient:
(1) To rate the applicant on the following traits:
- Character;
- Integrity; and
- Reputation; and
(2) Indicate as to whether s/he know of any reason why the applicant should not be issued a license.
NH Rev Stat § 106-F:6
II. Prior to approval of any armed private investigator, armed bail recovery agent, or armed security guard license issued under this chapter, the applicant shall submit to a fingerprint examination conducted by the Federal Bureau of Investigation, and the department of safety shall be authorized to use the records of the Federal Bureau of Investigation in the screening of applicants.
Saf-C 2203.02(b)(3)
An applicant shall provide an explanation on Form DSSP 259 ( NH individual security guard application) if the applicant has indicated affirmatively, that the applicant is or has ever been a user of drugs or narcotics, excepting those under the direction of a health care practitioner.
Saf-C 2203.06
Any applicant who has been treated for mental illness, as defined by RSA 135- C:2, X, or emotional disorder shall be required to obtain a written statement from the individual’s licensed health care practitioner that the individual is able to perform the duties and responsibilities of a private investigator or security guard, whichever is the applicable license the individual is applying for.
(a) The commissioner shall deny an application, if the applicant:
(1) Makes a material misstatement in a license application or application for license renewal;
(2) Has a felony conviction;
(3) Has a record of a violent misdemeanor;
(4) Has a record of a conviction involving theft, fraud, deceit, or misrepresentation; or
(5) Committed any act which, if committed by a licensee, would be grounds for suspension, or revocation under this chapter or RSA 106-F.
(b) For the purposes of (a)(1) above, incorrect information on the following subjects shall be considered material misstatement:
(1) Whether the applicant has ever been arrested for a crime that has not yet been adjudicated, or convicted of a crime in this or any other state or nation that has not been pardoned or annulled by a court;
(2) Whether the applicant has ever been treated for a mental illness or an emotional disorder or confined to an institution;
(3) Whether the applicant has ever been a user of drugs or narcotics, excepting those under the direction of a health care practitioner;
(4) Whether the applicant has ever applied for a license for a private investigator, security guard, or bail recovery agent whether as an individual or as an officer of a partnership or corporation requiring a license, which has been denied, revoked or suspended in New Hampshire or any other state, Canadian province or nation.
(c) The commissioner shall consider the totality of the applicant’s record, and whether the results of the background investigation casts doubt on the applicant’s future good behavior, or on their character, integrity or competence to be licensed.
(d) In making a determination in (c) above, the commissioner shall consider, but not be limited to the totality of the following factors:
(1) Number and severity of criminal convictions;
(2) Adverse information discovered in the background investigation, and a lack of mitigating information from the applicant to explain the information discovered;
(3) A lack of disclosure of adverse information or incorrect information in applications for new or renewal licenses;
(4) Adverse information disclosed by references that is corroborated by the background investigation; and
(5) Adverse information disclosed by the law enforcement agency notified during the background investigation in Saf-C 2203.07(b).
Saf-C 2203.07 Background Investigation
(a) Upon receipt of a completed application, the division shall conduct a background investigation into the character, competency, and integrity of the applicant.
(b) The background investigation shall include a criminal records check on each applicant. In addition, the division shall notify the local law enforcement agency in which the applicant resides as to the individual’s application for a license.
(c) If the criminal records check reveals that the applicant omitted or has any offenses or arrests that were not disclosed or made available to the division, or the division receives information that the individual lacks the character, competence or integrity for the license applied for, the division shall:
(1) Require a questionnaire to be filled out by the references disclosed by the applicant, pursuant to Saf-C 2203.08; and
(2) Require the applicant to submit to the division a letter of explanation as to why the information was not disclosed and as to an explanation of the circumstances surrounding the arrest or offense, as applicable.
NH Rev Stat § 106-F:6
An applicant for any license issued under this chapter shall include the following in his or her application:
III. For an original license, the names of at least 3 unrelated persons to whom inquiry can be made concerning the applicant’s character as to integrity and reputation for honesty.
Also See: NH Employee Security Guard Application
Also See: NH individual Security Guard Application
ARMED:
NH Rev Stat § 106-F:8-a Licensee Proficiency
All armed security guards, armed private investigators, and armed bail enforcement agents shall meet minimum requirements in the proficiency in the use of firearms upon initial licensure and at least once per year. The requirements shall be as follows:
• The practical police course or the tactical revolver course, with a minimum qualification score of 75 percent.
• Shotgun familiarization course required for all security officers and bail enforcement agents whose employers issue, or have as part of their equipment, shotguns.
• Four hours of instruction, to include firearms techniques and safety, laws on the use of deadly force, and the moral and ethical use of force. Only qualified firearms instructors shall be used to certify the successful completion of the requirements.
ARMED: Applicant must provide NH Firearms Proficiency Certification.
NH Rev Stat § 161 – B: 11(I)
The department shall be authorized to certify that an obligor is not in compliance with a legal order of support, or that any party has failed, after receiving notice, to comply with subpoenas or orders relating to paternity or child support proceedings, to any licensing board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses held by the obligor or party.
Forms and documents:
Individual Application for Private Investigator, Security Guard and Bail Bondsman
NH Employee Security Guard Application
Information for Security Guard Employee
Resources and Legislation: