Free Practice Questions for PA Act 235

PA Act 235 is the Lethal Weapons Training Act of 1974 (22 P.S. §§ 41-50.1), administered by the Pennsylvania State Police under 37 Pa. Code Chapter 21. It certifies privately employed agents — watch guards, protective patrolmen, detectives, and criminal investigators — who carry a lethal weapon as an incidence of their employment.

Under 22 P.S. § 43, lethal weapons include but are not limited to firearms and other weapons calculated to produce death or serious bodily harm, and a concealed billy club is named specifically. 37 Pa. Code § 21.1 defines firearm as a pistol, revolver, rifle or shotgun and adds that a nonconcealed billy club is also a lethal weapon. Chemical mace or any similar substance is expressly excluded from the definition.

The initial course is 40 hours: a 26-hour academic module and a 14-hour firearms module. The academic module is subdivided into course introduction (1 hour), legal authority (2), constitutional restrictions (1), principles of justification (3), Pennsylvania Crime Code (8), limited authority (2), incident investigation report (1), testifying in court (1), skills training (4), and final examination and closing (3).

Under 37 Pa. Code § 21.19(3)(i), an applicant must attain a minimum score of 70% in the academic module and, if applicable, 75% in the firearms module. A candidate who fails a module may re-enroll in that module only before the Commissioner's approval to attend training expires, and must repeat the entire failed module.

Five years. 37 Pa. Code § 21.20 states that the certification card 'must be valid for 5 years,' matching 22 P.S. § 47(d). Renewal must be applied for within the 6 months before expiration under § 21.24(a); expired certification cards are void and the holder must reapply as an initial applicant under § 21.13.

Under 37 Pa. Code § 21.24(b)(1), agents certified with a firearm attend classroom instruction and firearms range training totaling 8 hours, and agents certified to carry a lethal weapon other than a firearm attend a 3-hour program. Firearms agents must score at least 70% in the academic renewal module and 75% in the firearms renewal module.

No. Pennsylvania has no statewide licensing statute for unarmed security guards. Act 235 applies to privately employed agents who carry a lethal weapon as an incidence of employment. Security and investigative businesses are separately licensed by county Courts of Common Pleas under the Private Detective Act of 1953 (22 P.S. §§ 11-30).

Under 18 Pa.C.S. § 505(b)(2), deadly force is justifiable only when the actor reasonably believes it is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or threat. Under § 507(c), deadly force is never justifiable solely to protect property.

No. 37 Pa. Code § 21.26(d) states that issuance of a certification card 'does not grant the agent the right or privilege to carry, possess, own, or have under his control a firearm contrary to 18 Pa.C.S. §§ 6101-6120.' The Pennsylvania State Police state that an Act 235 certification is not a substitute for a license to carry. Section 6106(b) contains no Act 235 exception; armed guards rely on § 6106(b)(6), which covers employees of common carriers, banks, or business firms protecting money, valuables and property in the discharge of those duties. For the commute and for off-duty carry, obtain a License to Carry Firearms under 18 Pa.C.S. § 6109.

Under 37 Pa. Code § 21.5, a certified agent must immediately forward written notification of any change in physical, psychological, or criminal history circumstances that would have prohibited certification, and must report a change of address in writing within 5 days. Separately, under § 21.4 and 22 P.S. § 48(b), the employer must notify the Commissioner within 5 days when it discharges a certified agent for cause. Chapter 21 contains no 5-day arrest reporting rule for agents.