WSR 02-24-026

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed November 27, 2002, 9:41 a.m. , effective January 1, 2003 ]

Date of Adoption: November 27, 2002.

Purpose: (1) The department needs to plug the gap in current law by passing a rule that will require aliens to produce their alien firearm licenses when applying for and renewing their armed security guard licenses. The department issues aliens armed security guard licenses and by doing so it implies that the alien is legal to be armed, which is not true because an alien commits a felony by carrying or possessing a firearm without an alien firearm license.

(2) Maintaining the annual shooting requirements at the security guard company level will reduce turn-around time and reduce workloads for armed security guard licensing renewals without compromising public safety.

Citation of Existing Rules Affected by this Order: Amending WAC 308-18-120 and 308-18-240.

Statutory Authority for Adoption: Chapter 18.170 RCW.

Adopted under notice filed as WSR 02-21-090 on October 21, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: January 1, 2003.

November 26, 2002

Alan E. Rathbun

Assistant Director


AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97)

WAC 308-18-120   Armed private security guard applications -- Conditions.   (1) Any person desiring to be an armed private security guard shall obtain a firearms certificate from the criminal justice training commission, make application on a form prescribed by the director, and pay a nonrefundable fee as prescribed by WAC 308-18-150.

(2) If the applicant is an alien resident, the applicant must provide proof of their Alien Firearm License when they submit an application for original or renewal of their armed security guard license. Proof of Alien Firearm License may be provided by submitting a copy of their current Alien Firearm License.

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-120, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-120, filed 11/6/91, effective 12/7/91.]


AMENDATORY SECTION(Amending WSR 97-17-050, filed 8/15/97)

WAC 308-18-240   Required records.   The minimum records the principal of a private security guard company shall be required to keep are:

(1) Preassignment training and testing records for each private security guard.

(2) Private security guard temporary registration card ledger showing the department-supplied registration number, applicant's name, date of issue, date of expiration and date card was forwarded to the director.

(3) The company principal shall maintain proof of annual shooting requirements for each armed security guard employed by the security guard company in the armed security guard's training files or employee's files.

These records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.

[Statutory Authority: RCW 18.170.180(1), 43.24.086 and 34.05.482. 97-17-050, 308-18-240, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 18.170.180. 91-22-112, 308-18-240, filed 11/6/91, effective 12/7/91.]

Washington State Code Reviser's Office