(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442 of Title 11, unless they have been issued a concealed deadly weapons permit.

Terms Used In Delaware Code Title 24 Sec. 1321

  • Board: shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies. See Delaware Code Title 24 Sec. 1302
  • Commissioned security guard: shall mean an individual employed to:

    a. See Delaware Code Title 24 Sec. 1302

  • License: shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board. See Delaware Code Title 24 Sec. 1302
  • Officer: shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title. See Delaware Code Title 24 Sec. 1302
  • Person: shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. See Delaware Code Title 24 Sec. 1302
  • Registration: shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section. See Delaware Code Title 24 Sec. 1302

(b) It shall be unlawful for anyone licensed, under this chapter, to carry any type of weapon unless the Board has approved the use of such weapon and, if approved, the person has been trained in the use of such weapon, by a board-approved instructor.

(1) Private investigative, private security and armored car agencies shall be held responsible for monitoring all firearm certification or recertification for their employees for compliance with promulgated rules and regulations.

(2) Private investigative, private security and armored car agencies must provide the Professional Licensing Section with documentation that employees are compliant with firearm certification and recertification requirements of the Board.

(3) The Board may revoke the ability to carry a weapon if a registration holder or agency fails to comply with promulgated rules and regulations.

(c) It shall be unlawful for an individual, employed as a security guard, to carry a firearm during the course of performing their duties as a security guard, if they have not been issued a commissioned security guard license.

(d) It shall be unlawful for any person to hire or employ an individual or for any individual to accept employment, in the capacity of a security guard, to carry a firearm in the course and scope of employment duties unless the security guard has been issued a commissioned security guard license.

(e) It shall be unlawful for a commissioned security guard to carry a firearm unless:

(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to or from a place of assignment;

(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;

(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;

(4) The firearm is in plain view; and

(5) The firearm is the type of weapon that the commissioned security guard qualified with pursuant to this chapter.

24 Del. C. 1953, § ?1318; 50 Del. Laws, c. 301, § ?1; 69 Del. Laws, c. 285, §§ 3,?7; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 99, § 20;

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