Montana Code 37-60-301. Private security license required — process server registration required — armed endorsement
37-60-301. Private security license required — process server registration required — armed endorsement. (1) Unless licensed under Title 37, chapter 1, and this chapter, a person may not practice as:
Terms Used In Montana Code 37-60-301
- Armed: means an endorsement authorizing a private investigator or a private security guard to possess and use one or more firearms in the performance of professional duties according to training and reporting requirements prescribed by this chapter and department rule. See Montana Code 37-60-101
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-60-101
- Electronic security firm: means a person who sells, installs, services, or maintains a security alarm system and who employs security alarm installers. See Montana Code 37-60-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Private investigator: means an individual who for any consideration makes or agrees to make any investigation relevant to:
(a)crimes against the United States or any state or territory of the United States;
(b)the identity, habits, conduct, business, occupation, honesty, integrity, trustworthiness, efficiency, loyalty, activity, movement, location, affiliations, associations, transactions, reputation, or character of any person;
(c)the location, disposition, or recovery of lost or stolen property;
(d)the cause of or responsibility for any fires, libels, losses, accidents, or injury to persons or property; or
(e)gathering evidence to be used before any court, board, officer, or investigating committee. See Montana Code 37-60-101
- Private security firearms instructor: means an individual who instructs private investigators and private security guards in the use of firearms that may be used while performing professional duties. See Montana Code 37-60-101
- Private security firm: means a person who provides one or more of the following:
(a)private security guard services;
(b)armed private security guard services; or
(c)armed carrier services. See Montana Code 37-60-101
- Private security guard: means an individual employed by a private security firm to protect persons or property or to direct public movement in public areas. See Montana Code 37-60-101
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Registered process server: means a person described in 25-1-1101. See Montana Code 37-60-101
- Security alarm installer: means an individual employed by an electronic security firm to sell, install, service, or maintain security alarm systems to detect and signal unauthorized intrusion, movement, break-in, or criminal acts. See Montana Code 37-60-101
(a)a private security firm;
(b)an electronic security firm;
(c)a private investigator;
(d)a security alarm installer;
(e)a private security firearms instructor; or
(f)a private security guard.
(2)Except as provided in 25-1-1101(2), a person may not practice as a registered process server or use the title “registered process server” without a registration issued by the department.
(3)A private investigator or a private security guard may not possess or use firearms while performing professional duties without meeting the qualifications specified by the department and maintaining a current armed endorsement from the department.
(4)It is unlawful for any unlicensed person to act as, pretend to be, or represent to the public that the person is licensed, registered, or endorsed as any of the license types listed in subsections (1) through (3).
(5)A person appointed by the court as a confidential intermediary under 42-6-104 is not required to be licensed under this chapter. A person who is licensed under this chapter is not authorized to act as a confidential intermediary, as defined in 42-1-103, without meeting the requirements of 42-6-104.