F.A.Qs - RJS Security Services, Inc

FREQUENTLY ASKED QUESTIONS AND ANSWERS

What are the requirements for registration as a Security Guard?
Generally speaking, applicants must be 18 years of age, have completed an 8-hour pre-assignment training course, and have not been convicted of a serious criminal offense. Must be a citizen or resident alien of the United States.

Who is exempt from registration?
A security guard who is otherwise subject to regulation with respect to registration and training by the federal government in the performance of his or her duties

A security guard providing services on a voluntary basis

Active police officers are exempt from registration, but, when employed by a contractual entity, they must complete an Employee Statement but do not need to be fingerprinted. However, police officers separated from service (e.g. retired) are considered civilians and must register as a security guard.

Peace officers while working in their official capacity for their primary employer. However, if moonlighting, a peace officer is considered a security guard and must register.

Are there additional requirements for an armed guard registration?
Yes. You must complete a 47-hour firearms course, and submit the certificate with your application for issuance of an armed guard registration card.

What are the fees, terms of registration?

Security Guards: (Registration)

$36 – Initial Application

$25 – Renewal

$99.25 – Fingerprint Fee (payable to MorphoTrust USA)

$25 – Employment Status Notification

$25 – Change of Personal Name and/or Address

$25 – Duplicate License/Registration Request

$25 – Change of Status

Term of registration is two years

What forms of payment does the Department of State accept?

Money Orders, Company Checks or Cashier’s Checks only. Must be made payable to the NYS Department of State. Do Not Mail Cash. “NO PERSONAL CHECKS OR CREDIT CARDS”

May I install security systems if I am registered as a security guard?

No. You must obtain an alarm installers license.

If I am a retired police officer, do I have to register?

Yes. Retired police officers must register and complete all training. If a retired police officer (less than 10 years), you must provide the Department of State with a signed letter of good standing from your department. In addition, if you are required by your employer to carry a firearm, or are authorized to have access to a firearm, you must provide proof to the Department of State 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 such employment. If your initial firearms training occurred more than a year before such employment, you must complete an 8 Hour Annual In-Service training for Armed Security Guard and report that training to the Department of State and your employer.

Do active police officers who do part-time security work have to be registered as a security guard?

No. Active police officers accepting secondary employment are not required to register or complete training. Individuals previously employed as police officers are considered civilians and must register and complete all training. When employed by a contractual entity, they must complete an Employee Statement, but they do not need to be fingerprinted. However, if an active police officer is hired by a contractual entity as an investigator, or if they are filing a PI/BEA/WGP application with the Department of State, they must be fingerprinted.

Can I submit a photo with my security guard application rather than the DMV ID#?

No. ID cards are produced by the Department of Motor Vehicles (DMV) using the image on file in its office. Individuals with current NYS driver licenses or non-driver ID cards “with photos” must read the section “Informed Consent,” sign and date it, provide their 9-digit DMV ID number, and return the bottom portion with their application packet.

Individuals who do not have a current NYS photo driver license or non-driver ID card must go to a DMV office and have their photo taken (at no cost to them) before submitting their application to the Department of State. This is referred to as an “image-only” transaction. When these individuals go to a DMV office, they must bring the insert (enclosed with their guard application) titled “If You Don’t Have a NYS Driver or Non-Driver ID” with them. This insert provides instructions and will be retained by the DMV office. The “image-only” transaction produces an FS-6T receipt that displays the individual’s 9-digit ID number for the new client record. Individuals who get “image-only” captures should save their receipts and write that ID number on their DOS original and renewal applications.

Once an individual is approved for licensure or registration, the Department of State sends his or her name and DMV number to the Department of Motor Vehicles to have an ID card printed. DMV sends the ID card to the residence address on file with the Department of State.

May I satisfy my due diligence requirements by accessing the information available on the Department of State Web site?

No. You are still required to call the Registry to obtain a transaction number.

How long do companies have to submit security guard registration applications after calling the guard Registry and receiving a transaction number?

Employers must submit the security guard registration application with appropriate documentation within 24 hours of receiving a transaction number.

Do applicants have to submit fingerprints?

Yes. All applicants must submit fingerprints.

What address do I mail the security guard application packet(s)to?

Full application packets should be mailed to:
NYS Department of State,
Division of Licensing Services, PO Box 22052
Albany, NY 12201-2052

What does an applicant or employer have to submit with the registration application?

A completed application must include:

The completed, signed application
copy of certificate showing completion of an 8-hour pre-assignment course;- signed DMV consent form
receipt that provides proof of fingerprint completion
$36.00 fee payable to the NYS Department of State
any additional documentation requested in response to specific questions on the application form; and if employment will commence with filing of the application, the Notice of Employment section must be completed by your employer

* If applying for an armed security guard registration, a course completion certificate for 47 hours of firearms training, or a copy of the waiver issued by the Division of Criminal Justice Services

Note: Security guard employers should, at a minimum, retain one copy of each of the above listed items in their personnel files for each of their guards

How soon does a guard need to send his or her renewal form and $25 fee to the Department of State?

A renewal is mailed to the guard 90 days prior to the expiration date. Guards must renew their registration by the expiration date of their current registration or they cannot work as a security guard. If their registration has not been renewed within 6 months after the expiration date of their current registration, they must re-apply and re-qualify.

When should companies notify Licensing Services of employment?

Basically, on employment:
If employment commences with the filing of the application, the Notice of Employment section should be completed by the employer. No additional fee is required.

If security guard is applying independently, the Notice of Employment section need not be completed.

If the individual is already registered as a security guard, a “Security Guard Employment Status Notification” form and $25 fee must be completed and sent to the Division of Licensing Services.

What other documentation should employers retain in their personnel files?

Security guard employers should, at a minimum, retain one copy of each of the following in their personnel files for each of their guards.

Temporary Identification Card (required upon termination of the guard)
Copy of Employment Status Notification (used for hiring and termination of the guard)

Can a qualifier for a Private Investigator or Watch, Guard or Patrol Agency license work as an unarmed or armed guard under his or her license without additional filing as a security guard?

Yes. A qualifier complies with statutory requirements. A separate registration as a security guard is not needed.

If a Watch, Guard or Patrol Agency or Private Investigator qualifier does guard work, does the qualifier have to be registered as a security guard?

The qualifier of a Watch, Guard or Patrol Agency or Private Investigator does not need a separate registration as a security guard as long as the qualifier is providing guard services for the qualifier’s own company.

However, if the qualifier provides guard services for another Watch, Guard or Patrol Agency or Private Investigator, the qualifier must obtain a security guard registration in order to provide guard services to that company.

Is security guard registration required from individuals who are waiting to be appointed as Peace Officers? NYC Special Patrolmen are granted peace officer authority pursuant to CPL §2.10 (27). While waiting to be appointed, the individual(s) will be employed to perform security guard functions.

Our rules provide that peace officers performing security guard duties in the course of their peace officer status are exempt from the registration requirements. However, no such exemption exists for individuals who are performing security functions while awaiting such status. Therefore, if the individuals are performing security guard functions, they must be registered.

I am an authorized employer. Will the Department of State accept security guard applications with my stamped signature?

The Department of State will accept security guard applications with an employer’s stamped signature. Employers wishing to do so must submit a signed statement with a sample of the rubber stamp. The liability for misuse rests with the qualifier.

I need some information and forms relating to training courses.

The NYS Division of Criminal Justice Services, Office of Public Safety – Security Guard Program, has regulatory authority over training requirements. Please visit their website.

Security Guard Training Requirements

Section 89-G of Article 7A requires all persons engaged in security guard activities be registered with the New York Department of State (DOS), and complete all training (unless exempt) at schools approved by the Division of Criminal Justice Services (DCJS). The following training courses are required:

Security Guard (unarmed)

Initial Training Requirements:

8 Hour Pre-Assignment Training– A general introductory course. You must complete this course and submit a copy of the certificate issued to you with your security guard application.

16 Hour On-The-Job Training (OJT) – A course relevant to the duties of guards, requirements of the work site, and the needs of the employer. You must complete this training within 90 days of employment as a security guard.

Annual Training Requirement:

8 Hour Annual In-Service Training – This course must be completed each calendar year you hold a security guard registration. Your registration is issued for two years, therefore, you must complete two 8 Hour Annual In-Service training courses within your registration effective and expiration dates to be eligible for renewal.

Armed Security Guard

Initial Training Requirements:

8 Hour Pre-Assignment Training – A general introductory course. You must complete this course and submit a copy of the certificate issued to you with your security guard application.

47 Hour Firearms Training – You must possess a valid NYS Pistol Permit and security guard registration to enroll in this course. Upon successful completion of this course, submit a copy of the certificate with your application for an armed guard registration upgrade.

Annual Training Requirements:

8 Hour Annual In-Service Training – This course must be completed each calendar year you hold an armed security guard registration. Your registration is issued for two years, therefore, you must complete two 8 Hour Annual In-Service training courses within your registration effective and expiration dates to be eligible for renewal; and

8 Hour Annual Firearms Training – This course must also be completed each calendar year you hold an armed security guard registration. Your registration is issued for two years, therefore, you must complete two 8 Hour Annual Firearms training courses within your registration effective and expiration dates to be eligible for renewal.

Peace Officer Waivers – Applications for a waiver of firearms 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 BELOW. 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.

EXEMPTIONS (DO NOT REQUIRE A WAIVER FROM DCJS)

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.

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 Couse, 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 of
Public 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.

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.
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.
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.
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.