Security Guards; Concealed Weapons

Subject:

Security Guards; Concealed Weapons

Requested By:

Mr. Haywood R. Starling, Director

N.C. State Bureau of Investigations

Question:

Is it lawful for a registered security guard to carry a concealed weapon while performing his contractual duties within the confines of a building which is not owned by either the security guard or the contracting security company by which he is employed?

Conclusion:

No.

A registered security guard is not permitted to carry a concealed weapon.

"§ 14-269. Carrying concealed weapons. – If anyone, except when on his own premises, shall willfully and intentionally carry concealed about his person any bowie knife, dirk, dagger, sling shot, loaded cane, brass, iron or metallic knuckles, razor, pistol, gun or other deadly weapon of like-kind, he shall be guilty of misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both. This section shall not apply to the following persons: Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring to carry arms or weapons, civil officers of the United States while in discharge of their official duties, officers and soldiers of the militia and the State guard when called into actual service, officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties, provided, however, full-time sworn law enforcement officers may carry a concealed weapon when off-duty in jurisdiction where assigned if so authorized by written regulations of the law enforcement unit, which must be filed with the clerk of the court in the county where the law enforcement unit is located, provided further, that no such regulation shall permit the carrying of a concealed weapon while the officer is consuming or under the influence of intoxicating liquor."

The registered security guard is not in a class specifically exempted in G.S. § 14-269 from the statutory prohibition against carrying a concealed weapon off ones own premises. The right to carry a concealed weapon off ones own premises is limited to officers of the military and the various governments in the discharge of their official duties and only with special permission and limitations when off duty. G.S. § 14-269.

The business of furnishing protection for private premises has expanded rapidly in recent years. Employees of companies contracted to provide security have generally replaced the company night watchman. The security guard on duty often has no direct contact with the owners or possessors of the premises. He simply patrols whichever premises he is directed to by the company. These security guards have no interest nor dominion over the land but are mere employees furnishing security.

The General Assembly in the 1979 Session (Chapter 818) rewrote the 1973 Private Protective Services Act as Chapter 74 C. of the General Statutes. This act requires the licensing of all persons, firms, associations and corporations in any manner working in private protective services. A security guard or night watchman is clearly within the scope of the act. G.S. § 73C-3. This act establishes a Private Protection Services board to set educational and training requirements for all those in the private protective services business and to administer the licensing of those complying.

The act sets requirements for the registration of all armed security guards which includes the completion of a basic training course on legal limitations on the use of hand guns and on the powers and authority of an armed private security officer. G.S. § 73C-13(h)(1)(a). The registration permit authorizes the armed security officer, "while in the performance of his duties or traveling directly to and from work, to carry a standard .38 calibur or .32 calibur revolver or any other firearm approved by the board and not otherwise prohibited by law." G.S. § 74C-13(b)(1).

The contention that a man driving in his own car on a public highway is on his own premises as to G.S. § 14-269 has been specifically rejected. State v. Gainey, 273 N.C. 620 (1968). This section nor any other section in the act allows a private security officer to carry a concealed weapon while on business, traveling to and from business, or at any other time.

In passing the Private Protective Services Act, the legislature puts strict requirements and regulation procedures on the business of private protective services. The act clearly spells out the firearms rights secured through a registration permit. While this statute in no way affects the right of citizens to openly bear arms, it does put restrictions on those furnishing private protective services. The statute does not authorize a security agent to exceed the statutory limitations on the carrying of concealed weapons.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General