Mo. Code Regs. tit. 17 § 20-2.105

Current through Register Vol. 49, No. 8, April 15, 2024
Section 17 CSR 20-2.105 - Weapons

PURPOSE: The St. Louis Board of Police Commissioners authorizes a private security officer to carry a firearm in the performance of his/her duties. There are limitations and responsibilities as indicated.

(1) Limitations on Carrying Weapon. An armed private security officer licensed by the St. Louis Board of Police Commissioners may be permitted to carry on his/her person an authorized firearm, while traveling in either direction by the most direct route (without deviation and/or not to exceed one (1) hour) between his/her residence and place of assignment provided s/he is-
(A) In uniform;
(B) Firearms-qualified;
(C) Wearing a valid badge/identification card issued by this department; and
(D) Full-time, off-duty Missouri Peace Officers Standards and Training- (POST-) certified police officers with a minimum of six hundred (600) hours of training are exempt from this requirement.
(2) Private security officers who are authorized to carry their firearms to and from their place of residence have no authority to use their firearms during that travel period.
(A) Except as provided above, a firearm and protective devices may only be carried by a security officer while on his/her licensed premises.
(B) A firearm and protective devices may not be carried off assigned premises for any nonduty related activities (lunch, fueling cars, personal relief, etc.). Full-time, off-duty Missouri POST-certified police officers and St. Louis Airport Police Officers are exempt from this requirement.
(3) The authorization to carry a firearm may be revoked if a private security officer discharges or uses his/her firearm and it is determined to be unjustified. Each incident will be decided on a case-by-case basis with the circumstances surrounding the use being the primary factors under consideration.
(4) Inspection and Registration. All firearms used by private security officers must be inspected by the department armorer or his/her designee and must be registered and on file in the private security section. Armed security officers may only use a duty weapon which is personally owned by them or owned by their agency.
(A) Only one (1) approved firearm may be carried on duty.
(B) Except as provided above, private security officers must carry a double action .38 Special caliber revolver or a 9mm Luger (9x19) caliber semi-automatic pistol. The carrying of any other caliber weapon, including derringers, .357 Magnums, and shotguns, is prohibited. Only factory loaded, commercially available ammunition may be carried.
(C) For armed, uniformed security officers, the firearm shall be exposed and worn on a belt at the waist on the side of the dominant hand. No other methods, such as a shoulder holster, ankle holster, etc., shall be permitted in uniform. The holster must positively secure the weapon with a strap or snap.
(D) For armed security officers on uniform-exempt status the firearm shall be worn on a belt at the waist on the side of the dominant hand. No other methods, such as a shoulder holster, ankle holster, etc., shall be permitted for uniform-exempt status. The holster must positively secure the weapon with a strap or snap.
(E) Private security officers are required to annually requalify with their firearms during the month of license renewal, and at six- (6-) month intervals.
(F) Notwithstanding the foregoing, any deviation from the mandates of this subsection shall be made on an ad hoc basis, for good cause, only by written order of the chief of police with the consent of the board of police commissioners.
(G) Private security officers who wish to carry a semi-automatic pistol while working security are limited to weapons manufactured by Beretta, Glock, Ruger, Sig-Sauer, Smith & Wesson, and Springfield Armory and registered with the private security section. A semi-automatic weapon carried by a private security officer must be double-action only.
(5) Requirements for Police Officers from Other Jurisdictions Carrying Duty Weapons. Police officers from other jurisdictions working as private security officers in the City of St. Louis may be permitted to carry their department duty weapon upon satisfying the following requirements:
(A) The officer must be a full-time employee of his/her agency and must submit a letter to the private security section from the chief law enforcement officer of his/her department indicating that the officer is a full-time commissioned officer;
(B) The officer must be certified by his/her respective state with a minimum of six hundred (600) hours training at a state-approved academy. A copy of the certification must be presented to the private security section at the time of application for the security license;
(C) The officer must present a letter from the chief law enforcement officer of his/her department indicating the make, model, and serial number of the weapon that they are allowed to carry while working for their department;
(D) The officer must present a letter from the chief law enforcement officer of his/her department indicating a policy that requires the officer to requalify with the duty weapon a minimum of twice each year, and that the officer is subject to random drug testing;
(E) The firearm must be approved by the St. Louis Metropolitan Police Department's armorer or his/her designee;
(F) All other part-time police officers and reserve officers from other jurisdictions are restricted to weapons approved by the board for other private security officers and are required to successfully complete the firearms training program mandated by the board of police commissioners; and
(G) Tasers or other devices not specifically permitted may not be carried or used by security officers or police officers working security, unless specifically exempted by the board of police commissioners.
(6) Discharge of Firearms. A private security officer may not discharge a firearm in the performance of his/her duties (other than for practice or training at a firing range or similar authorized location) except when-
(A) Reasonably necessary to protect him/herself or another from death or serious bodily harm. Note: Security officers are not permitted to discharge their weapons to destroy any injured or dangerous animal unless their safety or the safety of a third party is directly threatened.
(7) Shots Fired Report. A private security officer, upon firing his/her weapon and/or using force to make an arrest, shall notify the nearest police district and have an official police report prepared. The reporting officer will see that a copy of the police report is forwarded to the commander of the private security section.
(8) Safety First Rules for Gun Handling. The licensed private security officer is responsible at all times for his/her weapon whether in or out of his/her possession. The following rules must be learned and obeyed:
(A) All weapons must be treated with the caution and respect due a loaded gun. Most accidents occur with a weapon thought to be unloaded;
(B) The weapon should be checked for ammunition each time it is handled;
(C) The barrel and action must be clear of obstruction before using the weapon;
(D) The weapon must be kept in good working condition;
(E) The weapon should not be drawn or pointed at any person unless the situation justifies such action;
(F) When the weapon is unattended, it must be properly secured and safe from children and curious people; and
(G) Ammunition carried on duty must be new factory-service ammunition. No reloads or wad cutter ammunition is permitted.
(9) Nonlethal Weapons. Private security officers may only carry the following nonlethal defensive weapons or equipment:
(A) Pepper mace (o.c. spray), after completion of approved training;
(B) Handcuffs, after completion of approved training;
(C) Metal baton not more than twenty-six inches (26") long when fully extended and not weighing more than twenty-one (21) ounces, after completion of approved training; and
(D) Wooden or composite baton not more than twenty-six inches (26") long and not weighing more than twenty-one (21) ounces, after completion of approved training. Note: Private security officers and corporate security advisors will only be authorized to carry an impact weapon after they have received training by a board-approved instructor. It is the responsibility of the employer to provide board-approved training in the proper use of this equipment. An agency has the right to determine which of these items may be carried by its licensed security employees.

17 CSR 20-2.105

AUTHORITY: section 84.340, RSMo 2000.* Original rule filed April 8, 1988, effective July 11, 1988. Amended: Filed Feb. 13, 2002, effective Aug. 30, 2002. Amended: Filed May 14, 2008, effective Dec. 30, 2008. Amended: Filed April 23, 2012, effective Oct. 30, 2012.

*Original authority: 84.340, RSMo 1939.