New Mexico: Unarmed Security Officers
Legislation and Details for New Mexico
New Mexico Statutes
Chapter 61 – Professional and Occupational Licenses
Article 27B – Private Investigations Act
and
New Mexico Administrative Code
Title 16 – Occupational and Professional Licensing
Chapter 48 – Private Law Enforcement Practitioners
New: On February 8, 2022, new rules went into effect that extend the licensure period for initial applicants from two years to three years. In addition, for those already licensed and renewing, all license numbers ending in an even number will renew for a final two year term with a prorated fee and those with license numbers ending in an odd number will renew for three years.
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1. FEES: The fees were changed to align with the three year licensure cycle. The new fees are as follows:
Initial applications:
Private Patrol Operations Company – No Fee Required
Private Patrol Operator – $550.00
Private Patrol Operations Manager – $400.00
Security Guard Level One and Two – $75.00
Renewal applications for license numbers ending in an even number:
Private Patrol Operations Company – No Fee Required
Private Patrol Operator – $300.00
Private Patrol Operations Manager – $200.00
Security Guard Level One and Two – $50.00
Renewal applications for license numbers ending in an odd number:
Private Patrol Operations Company – No Fee Required
Private Patrol Operator – $450.00
Private Patrol Operations Manager – $300.00
Security Guard Level One and Two – $75.00
2. Continuing education requirements have also changed to reflect the three year licensure cycle. Two hours of continuing education credits per year are required for Private Patrol Operators and Security Guards.
3. Background check requirements for renewals were changed. Only licensees/registrants that carry firearms must complete the background check upon renewal. All initial applicants must still complete the federal background check.
In New Mexico, individual Security Guards are employees of a private patrol manager or private patrol company, and must be registered with the department.
According to New Mexico Statutes §61-27B-15. Security guard; levels of registration
A. A security guard shall be registered at one of the three levels enumerated in this section that are based on experience, age and other qualifications of the registrant:
(1) Level one is the entry level registration for security guards who will be working in a position not requiring the registrant to carry arms;
(2) Level two is the intermediate level registration for security guards who are required to be armed but not with firearms; and
(3) Level three is the advanced level registration for security guards who may be required to be armed with a firearm.
Proprietary Security: Individuals working as proprietary security guards are exempt from the registration requirement.
See: NM Stat § 61-27B-4 b (1) (2021) and NMAC §16.48.1.11(B)(1)
ARMED:
An individual seeking registration as a level three armed security guard must meet the requirements to be granted registration as a level two security guard and maintains in good standing a current registration as a level two security guard.
See: NM Stat §61-27B-18(B)(2)
The applicant must be employed by a private patrol company under the direct supervision of a licensed private patrol operator, another level three security guard or a private patrol operations manager.
See: NM Stat §61-27B-18(B)(7)
A level three security guard or a private patrol operations employee may carry a firearm upon successful completion of the mandatory firearm training required by rules of the department.
See: NM Stat §61-27B-31
Fees for Level One and Level Two
Security guard registration fee is $50. Renewal fees: $50
Fees for Level Three/Armed
$75.00 for Level Three registration. Renewal fees: $75
Fingerprinting fee is $44 in addition to application fee above. See application.
See: FAQ’s
See: Security Guard Application Form (all levels)
See: Private Investigations Advisory Board Rule Book
Special Event Security Personnel
New Mexico allows the temporary use of unlicensed New Mexico security personnel for certain “Special Events.”
The Rules are clear that the grant is temporary, for a narrow purpose and for out of state personnel only. The Rules states in part:
61-27B-19.
Special event permit; nonresident security guard procedure; qualifications; prohibited:
A. A private patrol company employing a nonresident security guard temporarily for a special event shall apply to the department for
and may be issued a special event permit for each nonresident security guard qualified to be employed at the special event.
B. A special event permit is issued for a specific nonresident security guard and a specific special event and shall not
be transferred to another security guard or used for a special event other than for the special event for which the permit is issued.
Temporary License: Not allowed. See FAQ’s:
It is unlawful for an individual to act as a security guard or make any representation as being a security guard unless the individual is licensed by the department. An individual is not licensed until a security guard ID card is issued with the individual’s unique registration number. A “pending” status only means the PI Board has received and is processing an application. Completion of security guard training is only the first step toward being licensed as a security guard.
New Mexico regulatory authorities have the discretion to enter into “Reciprocity Agreements” regarding licensure for security companies and personnel.
Reciprocity recognizes the out of state licensure process as long as the other state’s requirements. The Rules hold:
61-27B-33.
C. The department may develop rules that allow for reciprocity on a temporary or limited basis without requiring an applicant licensed
or registered in another state subject to a reciprocity agreement to be licensed or registered in New Mexico; provided that the
state of licensure or registration:
(1) has licensure or registration requirements that meet or exceed those of New Mexico;
(2) has no record of disciplinary action taken against the applicant in the last year; and
(3) can verify that the applicant has engaged in activities for at least one year in the state with reciprocity that
are required to be licensed or registered pursuant to the Private Investigations Act.
Level One
The applicant must be at least 18 years of age
See: NM Stat § 61-27B-16
Level Two
The applicant must be at least 21 years of age
See: Application Form
None specified.
Level One
None required
Level Two
Applicant must maintain in good standing a current registration as a level one security guard and possesses a high school diploma or its equivalents and is employed by a private patrol company under the direct supervision of a licensed private patrol operator, a level three security guard or a private patrol operations manager;
See: NM Stat § 61-27B 17(B) 1 and 3 and 5
Level Three
61-27B-18. Security guard; level three; registration; requirements
B. The department shall issue a registration for a level three security guard to an individual who files a completed application accompanied by the required fees and who submits satisfactory evidence that the applicant:
(2) The applicant must meet the requirements to be granted registration as a level two security guard an maintains in good standing a current registration as a level two security guard.
(4) The applicant must possess a high school diploma or its equivalent.
(7) is employed by a private patrol company under the direct supervision of a licensed private patrol operator, another level three security guard or a private patrol operations manager;
NM Stat § § 61-27B-4(B). Persons exempted/ NMAC § 16.48.1.11
B. Investigations Act does not apply to:
(1) an individual employed exclusively and regularly by one employer in connection with the affairs of that employer, provided that the individual patrols or provides security only on the premises of the employer as limited by the employer.
(2) an individual employed exclusively to provide temporary security at a private event that is not open to the public
(3) individuals providing temporary security at athletic or other youth events and where the events occur under the auspices of a public or private school or a nonprofit organization.
(4) an attorney licensed in New Mexico conducting private investigations while engaged in the practice of law.
(5) an officer or employee of the United States or this state or a political subdivision of the United States or this state while that officer or employee is engaged in the performance of the officer’s or employee’s official duties.
(6) a person engaged exclusively in the business of obtaining and furnishing information concerning the financial rating of persons.
(7) a charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit.
(8) a licensed collection agency or an employee of the agency while acting within the scope of employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor’s property.
(9) admitted insurers, adjusters, agents and insurance brokers licensed by the state performing duties in connection with insurance transactions by them, or
(10) an institution subject to the jurisdiction of the director of the financial institutions division of the department or the comptroller of currency of the United States.
An applicant for a level three security guard must be firearm certified by the New Mexico law enforcement academy or the national rifle association.
See: NM Stat § 61-27B-18(B)(6)
B. Each security guard shall receive a card issued by the department in the security guard’s name with a definite expiration date that shall be carried by the security guard at all times when the security guard is performing duties that require the security guard to be registered pursuant to the provisions of this section. A security guard is not required to obtain a new card each time the security guard changes employment.
See: NM Stat § 61-27B-15(B)
Level One and Level Two and Level Three
Applicant must have good moral character.
See: NM Stat § 61-27B-16(B)(2)
See also the “Code of Ethics for private security employees” outlined in NMAC 16.48.1.8(B)
Level One and Level Two and Level Three
C.BACKGROUND CHECK: Pursuant to Section 61-27B-34 of the act, NMSA 1978, all applicants for initial issuance of a level one and level two and level three security guard registration in New Mexico shall be required to be fingerprinted to establish positive identification for a federal criminal history background check pursuant to the instructions within the application provided by the department.
NM Admin Code 16.48.2.17, 16.48.2.18 and 16.48.2.19
Also see Application.
NMAC § 16.48.2.17 and NMAC § 16.48.2.18
Pursuant to Section 61-27B-34 of the act, all applicants for initial issuance, reinstatement or renewal of a level one and level two security guard registration in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(C). All applicants for licensure or registration , all applicants for initial issuance, reinstatement or renewal of a level one security guard registration in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check.
(1). All applicants for licensure or registration shall be fingerprinted electronically as required for submission to the federal bureau of investigation to conduct a national criminal history investigation and for submission to the department of public safety to conduct a state criminal history investigation.
(2). Initial and renewal applicants will need to register on-line with the agent for New Mexico department of public safety prior to going to an electronic fingerprinting location:
(a) at the electronic fingerprinting location, the applicant will need to provide the electronic fingerprinting technician with a registration number they received after registering online.
(b) a designated fee determined by the New Mexico department of public safety shall be paid at the time of registration by credit card or at the fingerprinting site by cashier’s check or money order, and
(c) fingerprint results will be sent electronically to the department.
All applicants must use the following fingerprint process to request a FBI and State criminal history background check:
• The fee is $44.00, which can be paid at the time of registration by credit card or at the fingerprinting site by cashier’s check or money order.
See: Application Form
See: Fingerprint registration
In accordance with procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the department may deny, suspend or revoke a license or registration held or applied for under the Private Investigations Act or reprimand or place on probation a licensee or registrant upon grounds that the licensee, registrant or applicant:
(K) has been chronically or persistently inebriated or addicted to the illegal use of dangerous or narcotic drugs;
Levels One and Two:
The Department may deny, revoke or suspend a license or registration held or applied for if the individual has been adjudged mentally incompetent or insane by regularly constituted authorities.
See: 61-27B-26(L)
In addition, for Level Three:
The applicant must also provide proof of successful completion of a psychological evaluation prescribed by the department to determine suitability for carrying firearms.
See: Section 16.48.2.19 (C):
C. PSYCHOLOGICAL EVALUATION
(1) Requirements: Prior to certification as a level three security guard in the state of New Mexico, upon initial licensure only, it shall be necessary for each applicant to be examined by a licensed psychologist regarding the individual’s mental suitability to carry a firearm within the individual’s scope of duty as a licensed level three security guard. Any psychologist licensed and in good standing in the state of New Mexico or other United States jurisdiction, is able to administer the exam.
(c) The original evaluation form shall be signed and transmitted directly to the department within thirty days by the psychologist that performed the psychological evaluation
(d) The applicant knowingly providing false information or knowingly failing to disclose information shall be grounds for denial of licensure.
(e) Any examinee who fails the psychological evaluation shall not complete another psychological evaluation for at least ninety days from the date indicated on the original evaluation form signed and transmitted directly to the department by the psychologist that performed the psychological evaluation. If an examinee fails the evaluation, the department will make an electronic annotation in the candidate’s file to ensure compliance with this rule.
(2) Evaluation standards: The psychological evaluation shall consist of at least one of the following psychological assessment to include the Minnesota multi-phasic inventory-2 restructured form, the Minnesota Multi-Phasic Inventory 2, or the Personality Assessment Inventory, as well as two additional measures of emotional functioning (Beck Depression Inventory-II, Beck Anxiety Inventory, PTSD Checklist-C).
All levels:
Background investigations for licensure may include reviews by regulation and Licensing Department and the Private Investigations Advisory Board as well as the state police and the Federal Bureau of Investigations.
NM Stat § 61-27B-16(B)(4)
A qualified applicant is an individual who has not been convicted of a felony or an offense involving dishonesty, an offense involving an intentional violent act or the illegal use or possession of a deadly weapon and has not been found to have violated professional ethical standards.
All applicants are required to have background and criminal history checks commencing with fingerprint filings. The pertinent law holds: Pursuant to Section 61-27B-34 of the act, all applicants for initial issuance or reinstatement of a security guard registration in New Mexico shall be required to be fingerprinted to establish positive identification for a state and federal criminal history background check. All applicants for licensure or registration shall be fingerprinted electronically as required for submission to the federal bureau of investigation to conduct a national criminal history investigation and for submission to the department of public safety to conduct a state criminal history investigation.
Not Required
Level One:
Pursuant to 16.48.2.17 D. NMAC, An eight hour curriculum is the minimum training required and must be completed within twelve months prior to application for security guard level one registration. The training shall be taught by a department approved instructor that has been approved by the superintendent. Training and examination shall be conducted pursuant to the curriculum provided by the department. Training shall be taught by an in-person instructor. The training will include:
See Standardized Level One Security Guard Training
The training shall be taught by a department approved instructor that has been approved by the superintendent. Training and examination shall be conducted pursuant to the curriculum provided by the department. Training shall be taught by an in-person instructor. Curriculum may be reviewed by the department at the direction of the superintendent.
Level Two:
Pursuant to 16.48.2.18 D & E. NMAC, the following twenty hour curriculum in addition to the Level One training is the minimum
training required and should be completed within twelve months prior to application for security guard level two registration. The training will include:
See Standardized Level Two Security Guard Training
The training shall be taught by a department approved instructor that has been approved by the superintendent. Training and examination shall be conducted pursuant to the curriculum provided by the department. Training shall be taught by an in-person instructor. Curriculum may be reviewed by the department at the direction of the superintendent.
Level Three:
Pursuant to 16.48.2.19 D. NMAC, the following sixteen hour curriculum in addition to the Level One and Level Two training and firearm certification is the proposed minimum training to be required and would be completed within twelve months prior to application for security guard level three registration. The training will include:
See Standardized Level Three Security Guard Training
(5) (The applicant must provide) proof of completing a department approved firearm training program as defined in Subsection C of 16.48.2.19 NMAC prior to being placed on a guard post for the first time as a level three security guard; that training must be provided by:
(a) a public educational institution in New Mexico or an educational institution licensed by the higher education department pursuant to the Post-Secondary Educational Institution Act;
(b) an in-house training program provided by a licensed private patrol company using a curriculum provided by the department and taught by an instructor who has been approved by the superintendent;
(c) the New Mexico law enforcement academy; or
(d) any other department-approved educational institution using a curriculum approved by the department and taught by an instructor who has been approved by the superintendent;
(9) proof of being firearm certified by an instructor recognized and certified by the New Mexico law enforcement academy or the national rifle association (NRA) law enforcement activities division;
(10) proof of level two weapon endorsement or proof of completing department approved weapon training as defined in Subsection E of 16.48.2.18 NMAC;
All Levels:
An applicant must achieve a passing score of no less than 90 percent on the board approved jurisprudence examination, provided by the board, covering the Private Investigations Act and the rules.
See: NMAC § 16.48.2.17(B)(4) and NMAC § 16.48.2.18(B)(5) and NMAC § 16.48.2.19(B)(4)
Training and examination shall be conducted pursuant to the curriculum provided by the department.
See: NMAC Section 16.48.2.17 (D) and Section 16.48.2.18 (D):
N.M. Stat. Ann. § 40-5A-1 through § 40-5A-135
A person who submits an application for a license issued by a board is not eligible for issuance of the license if he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings.
See: Section 40-5A-5
Forms:
• Security Guard License Application
• Security Guard Renewal Application
• FAQ
• New Mexico Regulation & Licensing Department – Laws and Rules
New Mexico Legislature
• Article 27B