TEAR GAS

Tear gas and other chemical agents commonly used in the security professions may only be used after the proper training and certificate have been attained. The following excerpts from the Business and Professions Code explain the requirements.

DIVISION 3, CHAPTER 11.5, PRIVATE SECURITY SERVICES
ARTICLE 4

Business & Professions Code Section 7583.35

Every licensee, qualified manager, or a registered uniformed security guard, who in the course of his or her employment carries tear gas or any other non-lethal chemical agent, shall complete the required course pursuant to Section 12403.5 of the Penal Code.

Business & Professions Code Section 7583.36

A licensee shall not permit any employee to carry tear gas or any other nonlethal chemical agent prior to ascertaining that the employee is proficient in the use of tear gas or other nonlethal chemical agent. Evidence of proficiency shall include a certificate from a training facility approved by the Department of Consumer Affairs, Bureau of Security and Investigative Services that the person is proficient in the use of tear gas or any other nonlethal chemical agent.

Business & Professions Code Section 7583.37 (Excerpt)

The director may assess fines as enumerated in Article 7 (commencing with Section 7587). Assessment of administrative fines shall be independent of any other action by the bureau
or any local, state, or federal governmental agency that may result from a violation of this article. In addition to other prohibited acts under this chapter, no licensee, qualified manager, or registered security guard shall, during the course and scope of licensed activity, do any of the following: . . .

(d) Carry or use tear gas or any other nonlethal chemical agent in the performance of his or her duties unless he or she has in his or her possession proof of completion of a course in the carrying and use of tear gas or any other nonlethal chemical agent.

APPLICABLE PENAL CODE SECTIONS

Section 12403.5

Notwithstanding any other provision of law, a person holding a license as a private investigator or private patrol operator issued pursuant to Chapter 11 (commencing with Section 7500), Division 3 of the Business and Professions Code, or uniformed patrolmen employees of a private patrol operator, may purchase, possess, or transport any tear gas weapon, if it is used solely for defensive purposes in the course of the activity for which the license was issued and if the person has satisfactorily completed a course of instruction approved by the Department of Consumer Affairs in the use of tear gas.

FOR FURTHER INFORMATON FOLLOW THE LINKS BELOW:

http://www.bsis.ca.gov/forms_pubs/guardgd.pdf


 

Sintex Security Services Inc. teaches the Tear Gas/Chemical Agent class during regularly scheduled classes. This module contains the following class instruction/certification.

 

 

A) Chemical Agents

 

 

B. Chemical Sprays

 

1. Three types of Chemical Agents
2. Historical Points
3. Why Use Pepper Spray?
4. When to Use Pepper Spray

 

C. Legal Aspects

 

1. The California Tear Gas Act (1969)
2. Misuse
3. Liability Issues
4. Regulation

 

D. Chemical Properties

 

1. Mace
2. Tear Gas
3. Pepper Spray
4. Effects
5. Psychological and Physiological Effects
6. First-Aid
7. Risks
8. Mechanical Failure

 

E. Maintaining, Storing, and Disposal

 

1. Safety
2. Care and Maintenance
3. Disposal

 

F. Deploying the Agent

 

1. Carrying the Device
2. Use Strategy

 

G. Proper Reasons to Want Pepper Spray/Chemical Agents

 

E-1200 Tear Gas/Chemical Agents: Course, BSIS License: $60.00

Business & Professions Code Section 7583.5

 

(a) Every licensee and any person employed and compensated by a licensee, other lawful business or public agency as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in the carrying and use of firearms. This subdivision shall not apply to armored vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after January 1, 1977, shall complete a course in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which shall be prescribed by the Department of Consumer Affairs.

 

(b) No uniformed employee of a licensee shall carry or use any firearm unless the employee has in his or her possession a valid firearm qualification card.

Note: It is illegal for a licensee or registrant to carry a concealed weapon on duty without a permit issued by local authorities. The firearm permit issued by BSIS only allows the security guard to carry an exposed firearm while on duty.
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