4.4 Firearms, Restraints & Other Defensive Equipment
Key Takeaways
- An armed Delaware security guard needs separate Board firearms approval and must follow the current training, qualification, uniform, patch, and visible-carry rules.
- A weapon qualification authorizes carrying specified equipment in regulated work; it never supplies the legal justification for use.
- Baton, chemical or inflammatory spray, and handcuff use require the manufacturer-required training from a certified instructor and current certification.
- Current Section 5 generally prohibits animals but permits a Board-approved, trained detection canine and licensed handler for four specified detection purposes.
Yellow Card is not firearms authority
The unarmed Yellow Card does not authorize armed duty. Delaware Code Section 1321 and 24 DE Admin. Code 1300 § 1.0 require separate firearms approval and training for a commissioned security guard. The Board's February 2026 final order updated the applicable rule; older study PDFs and archived rule pages may still display the former 90-day interval or a blanket animal ban. Use the current DSP firearms instructions and the 2026 final order, not those superseded details.
Initial firearms instruction is at least 40 hours unless Professional Licensing grants a credential-based waiver. The initial qualification supplies one day and one low-light shoot for the first year, and an additional day shoot must occur at least 60 days after initial certification within that calendar year. Ongoing qualification requires at least three qualifying shoots per calendar year on at least two separate days, including one low-light shoot; the two day shoots cannot occur on the same date and the rule uses a 60-day minimum between scheduled day shoots. The passing score is 80 percent. A commissioned guard qualifies with the same make, model, and caliber carried, uses factory-fresh ammunition, and follows the approval process before changing weapons.
Firearms approval remains separate from the five-year Yellow Card cycle: the firearms license is valid for one year and compliance documentation is required for annual continuation. On armed duty, the guard wears the approved distinctive uniform and agency patch and carries the handgun in plain view. None of those qualifications supplies a reason to display or use a firearm; the present facts must independently satisfy Delaware force law.
Nonfirearm equipment
Section 3 controls law-enforcement-style batons, inflammatory or chemical sprays, and handcuffs. Before carrying an item, the guard must complete the manufacturer's required training through a certified instructor and maintain certification and requalification consistent with manufacturer standards. The employing Class B, C, or D agency maintains qualification records. A different weapon or item requires prior approval from the Director of Professional Licensing. Agency policy may be stricter.
| Equipment | Regulatory control | Operational reminder |
|---|---|---|
| Firearm | Separate approval, initial instruction, and current qualifications | Qualify with the weapon carried; use still needs lawful justification |
| Baton | Item-specific manufacturer training and current certification | Impact can cause serious injury; never use for punishment |
| Chemical or inflammatory spray | Same item-specific certification rule | Consider wind, bystanders, contamination, breathing problems, and aftercare |
| Handcuffs | Same item-specific certification rule | Custody needs lawful grounds, fit checks, monitoring, and prompt transfer or release |
| Other defensive item | Prior Director approval | Commercial availability does not authorize duty carry |
| Detection canine | Narrow Section 5 exception with agency request, Board approval, licensed handler, and training | Detection only; never treat the exception as general patrol or force authority |
The current canine exception
Effective in February 2026, Section 5 no longer imposes an absolute animal ban. Animals remain prohibited except for a canine used solely to detect firearms, ammunition, explosives, or controlled substances. A licensed Class B or Class C agency must request approval from the Board. The handler must be a Delaware-licensed security guard, and both handler and canine must complete training consistent with the detection work. The agency maintains the certifications and must make them available to Professional Licensing within 72 hours for inspection.
This is a narrow operational exception. A privately owned dog, a client waiver, ordinary obedience training, or a guard's Yellow Card does not satisfy it. The canine is not authorized for crowd control, apprehension, punishment, general patrol attack work, or detection outside the four listed categories. The Director may investigate complaints and immediately suspend canine use at a job site when an emergency requires action to protect public health or safety.
Authorization versus justification
Keep two questions separate. Authorization asks whether the guard, equipment, training, agency, and assignment satisfy the licensing rules. Justification asks whether a particular use is lawful and necessary now. A current certificate may answer the first; it never automatically answers the second.
A certified handcuff user may not restrain an argumentative visitor without legal grounds. A commissioned guard may not display a handgun to speed up a badge check. A spray carrier must consider wind, enclosed space, bystanders, contamination, breathing problems, and aftercare. A canine approval permits the specified detection work, not detention or force. Every tool creates retention, injury, medical, and evidence risks.
Readiness and reporting
At shift start, inspect only authorized equipment under policy: condition, secure retention, expiration or service status, seals, safe function checks, and documentation. Never substitute borrowed or personal equipment without approval. Immediately report loss, discharge, damage, contamination, expired certification, or unauthorized access.
After any display or use, stabilize danger, call police or emergency medical help as appropriate, stop when necessity ends, monitor affected people, provide trained aftercare, preserve evidence, identify witnesses and recordings, and make required notifications. The report should name the equipment, warnings when feasible, action, duration, effects, care, and disposition.
The exam-ready chain is approved guard + approved equipment + current training + authorized assignment + independently lawful use. Every link matters.
What does firearms qualification establish for a Delaware commissioned security guard?
What is required before a guard carries handcuffs for Delaware security work?
When may a Delaware private security agency use a canine under current Section 5?