Chapter 71

COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 1CHAPTER 71 PRIVATE SECURITY ORGANIZA TIONS Article 1. Title, Purpose and Definitions. Article 2. Firearms Training of Private Security Offi cers. Article 3. Employment of Private Security Offi cers. Article 4 General Provisions. Article 5. Insuran ce. ARTICLE 1 TITLE ,PURPOSE AND DEFINI TIONS § 71101. Title. § 71102. Purpose. § 71103. Definitions. § 71101. Title . This Act shall be known and may be cited as The Private Security Regulato ry Statute. SOURCE: 10 GCA § 70200; Added by P .L. 17 -14. § 71102. Purpose. The purpose of this Chap ter is to prescribe uniform procedures and qualifications throughout the territory for: establishing training standards in the use of firearms by Private Security Officers and re stricting the hiring of certain persons as Private Security Officers. SOURCE: 10 GCA § 70201; Added by P .L. 17 -14. § 71103. Definitions. For the purposes of this Chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsis tent with t he context, words used in the plural number shall include the singular number and words in the singu lar

words and their derivations shall have the meaning given herein. When not inconsis tent with t he context, words used in the plural number shall include the singular number and words in the singu lar number shall include the plural number . (a) The term Private Security Officer means an individ ual employed by any person, duly licensed and authoriz ed to conduct business in the territory of Guam, to protect a person or persons and/or property from criminal activity and other hazards; whose principal duty is that of a security director , manager, supervisor or guard; armored car service guard, courier service guard, alarm response guard, store detective, private investigator , COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 2and who may if legally authorized to do so wear, carry or pos sess or have access to a firearm in the perfor mance of his duties. (b) The term Certified T rainer means any person approved and certified by the Certifying Authority as qualified to administer and certify to successful completion of the firearms training requirements for Private Security Officers by §71202 of this Chapter .

d certified by the Certifying Authority as qualified to administer and certify to successful completion of the firearms training requirements for Private Security Officers by §71202 of this Chapter . (c) The term Persons includes individuals, f irms, associations, companies, partnerships, corporations, non -profit organizations, institu tions, or similar entities. (d) The term Firearms Identification Card means a pocket card issued bythe Guam Police Department an individual authorizing that ind ividual to own, use or possess a firearm in the territory of Guam. (e) The term Certifying Authority means the Guam Police Department. (f) The term Temporary Firearms Identifica tion Card means a pocket card issued by the Guam Police Depart ment to a resident alien employed as a Private Security Officer authoriz ing that person to use or posse ss a firearm in the territory of Guam. SOURCE: 10 GCA § 70202; Added by P .L. 17 -14. NOTE: References to 'Director of Public Safety 'changed to 'Chief of Police ' pursuant to P .L. 17 -78:1, which repealed §5102 GC providing for the Depart ment of Public Safety and reenacted §5102 establishing the Guam Police Depart ment.

Safety 'changed to 'Chief of Police ' pursuant to P .L. 17 -78:1, which repealed §5102 GC providing for the Depart ment of Public Safety and reenacted §5102 establishing the Guam Police Depart ment. ---------- ARTICLE 2 FIREARMS TRAINING OFPRIVATE SECURITY OFFICERS § 71201. Firearms Identificat ion Card. § 71202. Private Security Officer Firearm Training Requirement. § 71201. Firearms Identification Card . (a) All Pri vate Security Officers required to carry a firearm while per - form ing security duties shall be the holder of a valid govern ment o f Guam Firearms Identification Card. (b) Upon the written request of an employ ee, the Chief of Police, Guam Police Department, shall issue a temporary Firearms Identification Card. (c) The temporary Firearms Identification Card shall entitle the hold er COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 3to use or possess a firearm while active ly employed as a Private Security Officer in the territory of Guam. (d) Upon issuance of a permanent Firearms Identifi cation Card or in the event the individual is no longer employed as a Private Security Off icer, the holder of a temporary Firearms Identification Card

Upon issuance of a permanent Firearms Identifi cation Card or in the event the individual is no longer employed as a Private Security Off icer, the holder of a temporary Firearms Identification Card shall surrender the card to the Guam Police Department. (e) A Private Security Officer in possession of a valid Firearms Identification Card may carry a firearm concealed while on official duty or while traveling to and from his place of duty . (f) APrivate Security Officer may carry his personal ly owned firearm while on official securi ty duty provided that the firearm is legally registe red and shall first be approved for such use by his emp loyer. SOURCE: 10 GCA § 70203, Added by P .L. 17 -14. NOTE: References to 'Director of Public Safety 'changed to 'Chief of Police 'pursu - ant to P .L. 17 -78:1, which repealed §5102 GC providing for the Depart ment of Public Safety and reenacted §5102 establish ing the Guam Police Depart ment. § 71202. Private Security Officer Firearms T raining Requirements. (a) All Private Securi ty Officers in posses sion of a valid Firearms Identification Card shall receive pre -issue fire arms instructions as prescribed in Su bsection (b) of this Section

equirements. (a) All Private Securi ty Officers in posses sion of a valid Firearms Identification Card shall receive pre -issue fire arms instructions as prescribed in Su bsection (b) of this Section before being authorized to carry a firearm on duty . (b) Pre -issue firearms instructions shall consist of two (2) hours of training including, but not limited, to the follow ing subjects: (1) Legal limitations on the use of fi rearms; (2) Handling of a firearm; and (3) Safety and Maintenance. (c) All Private Security Officers authorized and re quired to carry a firearm on duty shall also receive initial firearms marksmanship train ing on an approved firearms target course pres cribed by the Certifying Authority . Individuals must obtain a minimum score of sixty percent (60%) on an approved silhouette target. (d) All Private Security Officers authorized and required to carry a firearm on duty shall receive annual firearms refre sher training as prescribed by Subsections (b) and (c) of this Section. (e) Upon completion of any training required by §71202, the employer COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 4shall within thirty (30) days forward a recorded

Section. (e) Upon completion of any training required by §71202, the employer COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 4shall within thirty (30) days forward a recorded copy of such completion signed by a certified trainer to the Cer tifying Authority . The original training record docu ment shall be maintained by the Person employ ing a Private Security Officer . Such records shall be made available for examination by the Certifying Authority upon request. (f) All training required by t his Chapter shall be administered by a certified trainer who is approved by the Certifying Authority and meets the following minimum requirements: (1) He must be a citizen of the United States or a resident alien. (2) He must be of legal age. (3) He must h ave a minimum of one (1) year supervisory experience with a private security organi zation or with any Federal, U.S. military , state or territorial law enforce ment agency . (4) He must not have been convicted in any jurisdiction of any felony or any crime involving moral turpitude for any of which a full pardon has not been granted.

territorial law enforce ment agency . (4) He must not have been convicted in any jurisdiction of any felony or any crime involving moral turpitude for any of which a full pardon has not been granted. (5) He must not have been discharged from the military service under other than honorable condi tions. (6) He must be currently employed as a Private Security Officer as defi ned in this Chapter . (g) The certified trainer shall have the authority to appoint one or more instructors to assist in the imple mentation of the training program. SOURCE: 10 GCA § 70204; Added by P .L. 17 -14. ---------- ARTICLE 3 EMPLOYMENT OFPRIVATE SECURI TY OFFICERS § 71301. Employment Qualifications. § 71301. Employment Qualifications . No person shall be employed as a Private Security Officer in Guam unless they first meet the following qualifications: (1) He must be at least eighteen (18) years o f age; (2) He must be a citizen of the United States or a resident alien;COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 5(3) He must not have been convicted in any jurisdiction of any felony for which a full pardon has not been granted; (4) He must not have been declared by any court of

1PRIVATE SECURITY ORGANIZATIONS 5(3) He must not have been convicted in any jurisdiction of any felony for which a full pardon has not been granted; (4) He must not have been declared by any court of competent jurisdiction incompe tent by reason of mental disease or defect unless competency has been restored him; (5) He must not suffer from habitual drunkenness or from narcotic addiction or dependence; (6) He must not possess any medical or physical disability which in the judgement of the employer prevents him from performing the duties of a Private Security Officer; and (7) He must not have been discharged from the military service under other than honorable condi tions. SOURCE: 10 GCA § 70205; Added by P .L. 17 -14. ---------- ARTICLE 4 GENERAL PROVI SIONS § 71401. Unlawful Acts. § 71402. Reciprocity . § 71403. Severability . § 71401. Unlawful Acts . (a) It shall be unlawful for any person to know ingly: (1) Employ any individual as a Private Security Officer if t he individual has been convicted in any jurisdiction of a felony for which a full pardon has not been granted; (2) V iolate any provision of this Title; (3) Employ any individual as a Private Security Officer who has

been convicted in any jurisdiction of a felony for which a full pardon has not been granted; (2) V iolate any provision of this Title; (3) Employ any individual as a Private Security Officer who has been dis charged from the military servi ce under other than honorable condi tions. (b) The violation of any of the provisions of this Section shall constitute a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or up to one (1) year of imprisonment, or both. SOURCE: 10 GCA § 70206; Added by P .L. 17 -14.COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 6§ 71402. Reciprocity . Full reciprocity shall be accord ed to Private Security Officers who are properly certified in another state having selec tion and training require ments at least equal to the requirements o f the territory of Guam. SOURCE: 10 GCA § 70207; Added by P .L. 17 -14. § 71403. Severability . If any provision of Chapter 71, Title 10, Guam Code Annotated or the application thereof to any person or circum stance is held invalid, such inval idity shall n ot affect other provisions or application of Chapter 71 which can be given effect without the invalid provisions or

on thereof to any person or circum stance is held invalid, such inval idity shall n ot affect other provisions or application of Chapter 71 which can be given effect without the invalid provisions or application and to this end the provisions of Chapter 71 are declared to be severable. SOURCE: P.L. 17 -14. ---------- ARTICLE 5 INSURANCE §71501. Insurance. § 71501. Insurance Requirements. Each employer of armed private security personnel shall file with the Department of Revenue and Taxation a certificate of insurance evidencing general liability coverage for bodily injury, personal injur y, and property damage with endorsements for assault and battery in the minimum annual aggregate amount of One Hundred Fifty Thousand Dollars ($150,000) for bodily or personal injury, and a minimum annual aggregate amount of One Hundred Thousand Dollars ($ 100,000) for property damage. All private security employers are required to secure a policy with the least deductible amount. Any policy issued to a private security employer with a deductible amount shall bear a certification from the insurer, or its dul y appointed general agent or sub -agent, and shall state that the deductible set forth in

a private security employer with a deductible amount shall bear a certification from the insurer, or its dul y appointed general agent or sub -agent, and shall state that the deductible set forth in the policy is the least amount duly approved by the Commissioner of Banking and Insurance. The certificate of insurance required herein does not apply to employers of unarmed security personnel who do not provide armed security services. For this purpose, employers of unarmed security personnel shall mean employers who shall prohibit or shall not allow COL1230201110GCA HEALTH AND SAFETY CH.71PRIVATE SECURITY ORGANIZATIONS 7security personnel to use physical force, and/or possess or have acc ess to firearms, clubs or batons, shock or stun devices, and incapacitating agents. The Department of Revenue and Taxation shall adopt a designation that shall identify on a business license that such business is licensed to provide armed security service s. If at any time the certificate of insurance is revoked, or cancelled, then the Department shall revoke the business license of such business that is required to maintain a certificate of insurance. SOURCE: 10 GCA § 70208; Added by P .L. 17 -14.

s revoked, or cancelled, then the Department shall revoke the business license of such business that is required to maintain a certificate of insurance. SOURCE: 10 GCA § 70208; Added by P .L. 17 -14. Amended b y P.L. 22 -147:2 (12/29/94) , and P .L. 31 -144:2 (Nov . 17, 2011) . 2011 NOTE: Reference to the 'Insurance Commisioner' changed to the 'Commissioner of Banking and Insurance' pursuant to P.L. 27 -088:10 (May 6, 2004).COL12302011