New York: Unarmed Security Officers

Legislation and Details for New York

Legislation/Source:

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

Authorizing Department

NYS Department of State
Division of Licensing Services

One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
Licensing Information: (518) 474-4429
Security & Armored Car Guards: (518) 474-7569
Fax: (518) 473-6648
Email: licensing@dos.ny.gov

Official website

Mailing Address:
NYS Department of State,
Division of Licensing Services
P.O. Box 22001
Albany, NY 12201-2052

Branch Office:
Department of State, New York City Location
123 William Street, New York, NY 10038-3804

Licensure and License Fees

In New York State, a Security Guard registration process with a corresponding issuance of a registration card upon completion of all requirement is the primary way security officers are regulated.
See: FAQ Security Guard

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.

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 Guards

Fees for Registration Application:
  $36 – Initial Application
  $102 – 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.
See: NY Gen Bus L § 89-F.6

More information about fees

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

Foreign Jurisdiction Licensure

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 registered and trained in NY.
See: Divisions of Licensing Services: Proprietary Security Guard Employer

Age Requirements

New York General Business Law § 89-h(3)

The applicant must be at least 18 years old

Citizenship

New York General Business Law § 89-h(4)

The applicant must be must be citizen or legal resident alien of the U.S.

Experience

Not Required

Exemptions

EXEMPTIONS (DO NOT REQUIRE A WAIVER FROM DCJS)

I.  Police Officers:
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.

Information retrieved from: http://www.dos.ny.gov/licensing/securityguard/sgtraining.html

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”
 •  Former Police, Corrections Bride and Tunnel Officers (among more) are exempt from the training requirements for firearm certification.
.
For more information, see: .
http://codes.findlaw.com/ny/penal-law/pen-sect-400-00.html

Permit Required

Not Required

Requirement to carry an ID card

A valid state-issued registration card is required to perform security guard functions.
See: NY Gen Bus L §89-H

In addition to their state issued registration card, individual Security Guards maintain an Employee’s identification card issued by the licensed employer. The rules describe the design and requirements of such identification card.
See: 19 CRR-NY 170.9

A security guard wearing a military style uniform shall prominently display the state issued registration card on his or her outer garment.
See: 19 CRR-NY 170.14

Moral Character

The applicant must be of good moral character and fitness
See: NY Gen Bus L § 89-H (2012) AT 89-h (6)

Fingerprint

All applicants must submit electronic fingerprints through IdentoGO by MorphoTrust USA.
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

•  $13.25 – FBI fee (Only Security Guard License applicants must pay the FBI fee.)

See: Details on Electronic Fingerprinting

Substance Abuse

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

Mental Health

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

Criminal History Background Check

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.

Personal References

Not Required

Training Requirements

Initial Training Requirements:

•   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.

Annual Training Requirements
•   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 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.

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

Exam Requirement

Examination is required for the completion of certain training courses.
See: A full list of the various levels of training

Child Support

According to N.Y. Dom. Rel. Law § 13-244; 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: Application form

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