24 Del. Admin. Code §§ 1300-3.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1300-3.0 - Baton, Inflammatory Agent Sprays, Chemical Sprays and Handcuffs

3.1 The Board only approves security guards and armored car guards registered in 24 Del.C. Ch. 13 to carry law enforcement style batons, inflammatory agent sprays, chemical sprays and handcuffs. The carrying of these weapons/items is only authorized after the security guard/armored car guard completes the appropriate training program with a certified instructor as required by the manufacture of the weapon/item. It shall be the security guard/armored car guard's responsibility to maintain certification and requalification with the weapon/item consistent with manufacturer standards.

3.1.1 Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Director.

3.1.2 Any person registered in 24 Del.C. Ch. 13 who, upon inspection, fails to provide a valid certification for any of the above weapons, if carried in performance of their duties, will be subject to disciplinary actions consistent with the law.

3.2 It shall be the responsibility of all Class B, C & D agencies to record and maintain said records on an employee's qualifications with any approved weapon(s)/item(s) carried in performance of that employee's duties under 24 Del.C. Ch. 13.

3.2.1 These records are subject to review and audit by the Section as prescribed in 24 Del.C. Ch. 13.

3.2.2 Any agency licensed in 24 Del.C. Ch. 13 who, upon inspection, fails to provide a valid certification for any employee found to be carrying any of the above weapons/items in the performance of their duties, will be subject to disciplinary actions consistent with the law.

3.3 The Board shall have the right to deny any certification or re-certification from an instructor or training program that is deemed to be not within generally accepted practices for the weapon/item. Any denial may be appealed by submitting a request to the Professional Licensing Section and addressing the Board of Examiners.

24 Del. Admin. Code §§ 1300-3.0

Adopted 11/04/94
13 DE Reg. 502 (10/01/09)
15 DE Reg. 1181 (02/01/12)
18 DE Reg. 154 (8/1/2014)
22 DE Reg. 69 (7/1/2018) (Final)