New York: Unarmed Security Officers
Legislation and Details for New York
General Business (GBS) Article 7-A Security Guard Act (89-E through 89-W)
and
Official Compilation of Codes, Rules And Regulations Of The State Of New York
Title 19. Department of State
Chapter V. Division of Licensing Services
Subchapter C. Private Investigators/Watch, Guard and Patrol Agencies/And Bail Enforcement Agents
Part 170 Employees
In New York State, a Security Guard registration process with a corresponding issuance of a registration card upon completion of all requirements is the primary way security officers are regulated.
See: Info re Security Guard on Department web site
In New York State, Security Businesses require licensure while individual employees of licensees are registered with the Department.
Upon entering an employment relationship, the individual has to either be registered with the Department and is in possession of a registration card or the employer has to file an application for registration. Generally, an application for registration can be submitted by the individual or the employer.
See: Security Guard Application
Proprietary Security
Although proprietary entities employing individuals to fulfill the duties of a Security Guard are not considered Security Guard Companies under the law and do not require licensure, the individual guards employed must be registered Security Guards holding a valid registration card issued by the Department.
See: Application for Proprietary Security Guard Employer
Fees for Registration Application:
$36 – Initial Application
$25 Renewal
$101.75 – Fingerprint Fee (payable to IDEMIA)
If the individual hired by a security company is already duly registered with the Department, the employer shall file an Employment Status Notification form accompanied by a $25 fee.
Although employment is not required to obtain a state-issued registration card, the registered individual has to be employed in order to perform the functions of a Security Guard.
The registration expires two years from the date of issuance and has to be renewed by submission of a renewal form by the card holder not more than sixty nor less than thirty days prior to expiration. The fee for renewal is $25.
See NY Gen Bus L § 89-M
ARMED:
Individuals seeking employment as an armed guard must apply for a Special Armed Guard Registration Card and be in the possession of a valid state firearms license.
“Special armed guard registration card” shall mean a registration card issued by the department signifying that the individual thereon has been certified by the department to perform security guard functions and to carry firearms in connection with such functions. Nothing herein contained shall relieve such guard from any provision of law which requires that he or she be licensed to carry such firearm.”
See: New York General Business Law § 89-F(12)
The requirements for registration are the same as for unarmed guards, except for training provisions. In addition, armed applicants must obtain a firearm license and meet the requirements pursuant to Section §400.00.
New York explicitly requires NY Approved training, provided under a curriculum approved for NY.
See: Security Guard Training Requirements
This policy is also true for proprietary security companies whose employees all have to be registered and trained in NY.
See: Divisions of Licensing Services: Proprietary Security Guard Employer
UNARMED: The applicant must be at least 18 years old.
See: New York General Business Law § 89-h(3):
ARMED: The applicant must be 21 years of age or older.
See: How to Obtain an Firearms License in NY
See: § 400.00 Licensing and other provisions relating to firearms :
No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply;
UNARMED: No requirement.
ARMED:
New York Penal Law § 400.00(1)
No license shall be issued or renewed except for an applicant:
(f) who being a noncitizen (i) is not illegally or unlawfully in the United States or (ii) has not been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. 922(y)(2).
(h) who, having been a citizen of the United States, has not renounced his or her citizenship.
Also, an applicant for a firearms license must be a NY State resident.
Not Required
The Security Guard Act exempts active police officers from the definition of a security guard. This means active police officers accepting secondary employment are not required to register or complete training. However, if you are an active police officer, anticipating retirement, and still wish to obtain a Security Guard Registration, you must provide proof of original police officer training and a letter of good standing from the agency that employs you, along with the original Security Guard Application and finger print receipt.
Retired Police Officers:
In order to be exempt from the training, you must provide DOS with a letter from your department (signed by your department) indicating your retirement date. In addition, if you are required by your security guard employer to carry a firearm, or are authorized to have access to a firearm, you must provide proof to DOS and your employer of having completed a Basic Course for Police Officers (or an equivalent course), that included initial firearms training, within one year prior to employment as an armed security guard.
If your initial firearms training occurred more than a year before employment as an armed security guard, you must complete an 8 Hour Annual Firearms Course for Security Guards and report that training to DOS and your employer.
If it has been more than 10 years since you retired as a police officer, you are additionally required to complete the 8 Hour Annual In-Service Training Course for Security Guards every year thereafter.
II. Peace Officers:
Section 170.1 of Title 19 NYCRR exempts from the definition of a security guard, any individual designated as a peace officer under Article 2 of the NYS Criminal Procedure Law (CPL). The powers of a peace officer are only valid while the individual is acting in his or her official capacity for their primary employer. Consequently, during outside employment (moonlighting), a peace officer is no longer acting in his or her official capacity, and, therefore, must register and complete all training, (unless the individual has either been waived, or is exempt [based on specific job titles] (see Recent Amendments that may have a direct affect on you, below).
Current Peace Officers Applying for Firearms Training Waivers
If your employer has authorized you to carry a firearm in the line of duty, and you have been employed for 18 months or more and can exhibit a valid certificate, you are exempt from the 47 Hour Firearms Course, and the addition 8 Hour Annual Firearms Course for holders of an armed security guard registration. Individuals seeking registration as an armed guard, must provide the Department of State with a copy of a waiver letter (issued by DCJS) and a certificate of completion for the MPTC Basic Course for Peace Officer with Firearms, or both the Basic Course for Peace Officers without Firearms and Firearms and Deadly Physical Force [long firearms course].
Recent Amendments that may have a direct affect on you:
Section 89-n (4) GBL has been amended to exempt certain categories of peace officers (see Categories of Peace Officers Exempt from Training per Amendment to §89-n (4) GBL, next page) from the following training: 47 Hour Firearms Course, 8-Hour Pre-Assignment, OJT, and 8 Hour Annual In-Service. To qualify for an exemption, a peace officer must either be currently employed in one of the job titles (see categories of Peace Officers Exempt from Training per Amendment to §89-n (4) GBL, next page), or retired from one of those job titles for not more than 10 years. Although exempt from the 8 Hour Annual In-Service training course for the first 10 years of retirement, the retired peace officer is subject to an 8 Hour Annual Firearms training course, if their basic course was completed more than a year prior to filing their security guard application.Note: If it has been more than 10 years since an individual retired as a peace officer, they are required to completed the 8 Hour Annual In-Service Training Course for Security Guards, and additionally, if armed, the 8 Hour Annual In-Service Firearms Training Course every year thereafter.
Categories of Peace Officers Exempt from Training per Amendment to §89-n (4) GBL
A. Sheriffs, Undersheriffs, and Deputy Sheriffs of NYC, and sworn officers of the Westchester County Department ofPublic Safety Services as defined in NYS CPL, §2.10 (2):
In order to be exempt from the 47 Hour Firearms Training Course, 8-Hour Pre-Assignment, OJT, and Annual In-Service Training, individuals must provide the Department of State with either a copy of their Basic Course for Peace Officers certificate, or a letter from the personnel office of the entity for which they work(ed), indicating basic peace officer training. If currently employed, they must also provide a copy of their ID card showing current employment in one of the appropriate law enforcement categories, and that they are in good standing.
B. Security Personnel for the Triborough Bridge and Tunnel Authority as defined in NYS CPL, §2.10 (20):
In order to be exempt from the 47 Hour Firearms Training Course, 8-Hour Pre-Assignment, OJT, and Annual In-Service Training, individuals must provide the Department of State with either a copy of their Basic Course for Peace Officers certificate, or a letter from the personnel office of the entity for which they work(ed), indicating basic peace officer training. If currently employed, they must also provide a copy of their ID card showing current employment in one of the appropriate law enforcement categories, and that they are in good standing.
C. Uniformed Court Officer as defined in NYS CPL, §2.10 (21) (a):
In order to be exempt from the 47 Hour Firearms Training Course, 8-Hour Pre-Assignment, OJT, and Annual In-Service Training, individuals must provide the Department of State with either a copy of their Basic Course for Peace Officers certificate, or a letter from the academy indicating their academy training. These courses must meet or exceed the MPTC basic course without firearms. In addition, if the individual is in an armed position, the individual must have completed MPTC Basic Course for Peace Officer with Firearms, or both the Basic Course for Peace Officers without Firearms and Firearms and Deadly Physical Force [long firearms course]. If currently employed, the individual must also provide a copy of their ID card showing current employment, and that they are in good standing.
D. Court Clerks as defined in NYS CPL, §2.10 (21) (b):
In order to be exempt from the 47 Hour Firearms Training Course, 8-Hour Pre-Assignment, OJT, and Annual In-Service Training, individuals must provide the Department of State with either a copy of their Basic Course for Peace Officers certificate, or a letter from the academy indicating their academy training. These courses must meet or exceed the MPTC basis course without firearms. In addition, if the individual is in an armed position, the individual must have completed MPYC Basic Course for Peace Officer with Firearms, or both the Basic Course for Peace Officers without Firearms and Firearms and Deadly Physical Force [long firearms course]. If currently employed, the individual must also provide a copy of their ID card showing current employment, and that they are in good standing.
E. NYS Corrections Officers as defined in NYS CPL, §2.10 (25):
(This does not include city or county correction officers.) In order to be exempt from the 47 Hour Firearms Training Course, 8-Hour Pre-Assignment, OJT, and Annual In-Service Training, individuals must provide the Department of State with a letter from the NYS Department of Correctional Services and a copy of their ID card showing that they are currently employed as a NYS Corrections officer in good standing.
Note: Individuals who are no longer active peace officers and do not have a valid basic course certificate, or do not qualify for either a waiver or an exemption, must complete the 47 Hour Firearms Training Course, 8 Hour Pre-Assignment, and OJT.
New York Penal Law § 400.00 (1)
• “No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply”
Peace Officer Waivers – Applications for a waiver of training for unarmed and armed security guards may be reviewed up to a maximum of four years after separation from a non-exempt, sworn, full-time peace officer position in New York. IF YOU ARE A SEPARATED POLICE OFFICER OR EXEMPT PEACE OFFICER, DO NOT SUBMIT A WAIVER APPLICATION, SEE EXEMPTIONS ABOVE. For the purposes of registration, you may be granted a waiver from training if you can demonstrate completion of training that meets or exceeds the minimum standards for the 8 Hour Pre-Assignment, OJT, or 47 Hour Firearms courses. To request a waiver, call DCJS directly at (518) 457-6726, or contact them in writing at 80 South Swan Street. 3rd floor, Albany NY 12210-8002. If approved, DCJS will send you a waiver letter to submit with your security guard application to DOS.
ARMED: An applicant for a special armed registration card must possess a valid license to carry a firearm issued by the state of New York pursuant to Section 400.00 of the penal code.
A valid state-issued registration card is required to perform security guard functions.
See: NY Gen Bus L §89-H
CRR-NY 170.9: Employees’ identification cards issued by licensee.
(a) Each employee of a licensed private investigator or watch, guard or patrol agency providing services as either an investigator or security guard shall be issued a company identification card as described herein. Each employee of a licensed bail enforcement agent shall be issued a company identification card as described herein.
19 CRR-NY 170.14: State Issued Identification Card
A security guard wearing a military style uniform shall prominently display the state issued registration card on his or her outer garment.
ARMED:
Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same. Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises. Every person licensed to purchase or take possession of a semiautomatic rifle shall have the license for the same on his or her person while purchasing or taking possession of such weapon. Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his or her special duties, or police
officer.
UNARMED: The applicant must be of good moral character and fitness
See: NY Gen Bus L § 89-H (2012) AT 89-h (6)
ARMED:
New York Penal Law § 400.00(1)(b)
Applicant must be: 1 (b) of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others;
All applicants must submit electronic fingerprints through IdentoGO by IDEMIA. Fingerprints submitted will be used to check the criminal
history records of the FBI.
Rolled fingerprints are not acceptable.
Applicants must visit a site in New York to complete the fingerprinting process. Applicants should NOT schedule an appointment at a site outside of New York State.
Fees:
• Division of Criminal Justice Services (DCJS) fee: $75.00
• Fingerprint Vendor fee: $13.25
See: Security Guard Application
ARMED:
New York Penal Law § 400.00(4)
Before a (firearms) license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made. In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed and verified. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the Federal Bureau of Investigation.
New York General Business Law § 89-H(9)
The applicant must not have a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence on alcohol or drugs which, as determined by the department, renders the applicant unable to perform the essential functions of the security guard position, with or without reasonable accommodation, or who, as determined by the department, poses a direct threat to health or safety.
ARMED:
New York Penal Law § 400.00(1)(e)
Applicant cannot be an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802 (Controlled Substance Act)
New York General Business Law § 89-H(7)
The applicant must not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease or defect which has not been removed
ARMED:
New York Penal Law § 400(1)
(i) who has stated whether he or she has ever suffered any mental illness; (j) who has not been involuntarily committed to a facility under the jurisdiction of an office of the department of mental hygiene pursuant to article nine or fifteen of the mental hygiene law, article seven hundred thirty or section 330.20 of the criminal procedure law, section four hundred two or five hundred eight of the correction law, section 322.2 or 353.4 of the family court act, or has not been civilly confined in a secure treatment facility pursuant to article ten of the mental hygiene law.
New York General Business Law § 89-H(5)
The applicant must not have been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment.
All applicants are screened and the affirmations verified in said application.
All applicants’ records are reviewed by the FBI and the NY Department of State.
New York Penal Law § 400.00(1)
(c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense;
(d) who is not a fugitive from justice;
Not Required
Training Requirements:
New York State General Business Law Article 7-A, section 89-n requires security guard applicants and/or security guards to complete the following training courses:
*8 Hour Pre-Assignment Training Course for Security Guards
This is an 8 hour course required by New York State as the first step in obtaining a security guard registration card from the New York State Department of State. The course provides the student with a general overview of the duties and responsibilities of a security guard. Topics covered in this course include the role of the security guard, legal powers and limitations, emergency situations, communications and public relations, access control, and ethics and conduct. The passing of an examination is required for successful completion of this course.
16 Hour On-the- Job Training Course for Security Guards
This is a 16 hour course that must be completed within 90 days of employment as a security guard. The course provides the student with detailed information on the duties and responsibilities a security guard. Topics covered in this course include the role of the security guard, legal powers and limitations, emergency situations, communications and public relations, access control, ethics and conduct, incident command system, and terrorism. The passing of an examination is required for successful completion of this course.
8 Hour Annual In-Service Training Course for Security Guards
This is an 8 hour course that must be completed within 12 calendar months from completion of the 16 Hour On-the-Job Training Course for Security Guards, and annually thereafter. The course is structured to provide the student with updated and enhanced information on the duties and responsibilities of a security guard. Topics include the role of the security guard, legal powers and limitations, emergency situations, communications and public relations, access control, and ethics and conduct.
*47 Hour Firearms Training Course for Armed Security Guards
This is a 47 hour course required by New York State as the first step in obtaining a special armed guard registration card from the New York State Department of State. To attend the course students must possess a valid pistol license pursuant to NY Penal Law Section 400.00 and a valid NYS security guard registration card. The course consists of 7 hours of NYS Penal Law Article 35 (Use of Force/Deadly Physical Force) and 40 hours of range instruction and qualification. To successfully complete the course the student must pass a written examination on Article 35 and qualify with a handgun.
8 Hour Annual Firearms Training Course for Armed Guards
This is an 8 hour course that must be completed within 12 calendar months from completion of the 47 Hour Firearms Training Course for Armed Guards, and annually thereafter. To attend the course students must possess a valid pistol license pursuant to NY Penal Law Section 400.00 and a valid NYS security guard registration card. The course consists of 3 hours of NYS Penal Law Article 35 (Use of Force/Deadly Physical Force) and 5 hours of range instruction and qualification. To successfully complete the course the student must pass a written examination on Article 35 and qualify with a handgun.
*Security guards or security guard applicants need only complete this course once.
See: Security Guard Training Requirements FAQ
See: A list of approved security schools
New York’s mandatory training programs are offered by approved schools and educational entities.
See: A full list of the various levels of training
Examination is required for the completion of certain training courses.
See: A full list of the various levels of training
According to N.Y. Dom. Rel. Law § 13-244 (C); N.Y. Soc. Serv. Law § 6A-111b:
An occupational or professional license may be revoked for failure to pay child support
A Child Support Statement is mandatory in New York State regardless of whether or not the applicant has children.
See: Security Guard Application