RESOURCES

 This chapter shall be known and may be cited as the “Georgia Private Detective and Security Agencies Act.”

§ 43-38-2 – Declaration of Purpose

This chapter is enacted for the purpose of safeguarding the citizens of this state by regulation of the private detective and private security businesses….

§ 43-38-3 – Definitions

Georgia Code § 43-38-3 – Definitions

§ 43-38-4 – Creation of Board; Members; Secretary; Records; General Powers and Duties

(a) There is created the Georgia Board of Private Detective and Security Agencies. The board shall consist of seven members, each of whom shall be appointed by the Governor. Each member shall serve for a term of four years.

§ 43-38-5 – Licensure and Registration of Persons Practicing for One Year on July 1, 1981

Reserved. Repealed by Ga. L. 1987, p. 1400, § 2, effective July 1, 1987.

§ 43-38-6 – Licenses; Qualifications; Criminal Records; Fingerprints; Bond, Insurance, or Net Worth Affidavit; Display of License; Suspension; Temporary Permits; License Recognition Agreements

(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section.

§ 43-38-7 – Licensing of Armed Employees; Qualifications; Continuing Education; Fingerprints; License Card; Suspension

(a) Any employer may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for licensure under this chapter.

§ 43-38-7.1 – Registration Records of Unarmed Security Employees; Fingerprint Identification of Prospective Registrants

(a) Any individual, firm, association, company, partnership, limited liability company, or corporation engaged in the private security business and licensed pursuant to Code Section…

§ 43-38-8 – Temporary Employees

Notwithstanding any other provisions of this chapter, any person or corporation may use temporary employees for special events, provided that such temporary employment does not exceed 30 days in a calendar year and such employees do not carry firearms in connection with such employment.

§ 43-38-9 – Disposition of Applicants’ Fingerprints

(a) The board shall forward the necessary fingerprints received from each prospective licensee and registrant required to be licensed or registered by the board under this chapter to the Georgia Crime Information Center or the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by such bureau and the fingerprint system of investigation established by the Federal Bureau of Investigation.

§ 43-38-10 – Permits to Carry Firearms; Proficiency Requirement; Exemption From Specified Laws; Denial, Refusal to Renew, and Suspension of Permits; Effect of License Suspension and Restoration

(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is a license holder as defined in Code Section 16-11-125.1, who is licensed or registered in accordance with this chapter, and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the division director. No weapons permit issued under this Code section shall be transferable to another individual.

§ 43-38-10.1 – Training Instructors and Training Programs

(a) The board shall provide by rule and regulation for the registration of all training instructors or training programs so as to regulate all training requirements for licensure, registration, or weapons permits required by this chapter.

§ 43-38-11 – Denial, Revocation, or Sanction of Licenses and Registrations; Action by Board; Judicial Review

(a) The board shall have the authority to refuse to grant a license or registration to an applicant therefor or to revoke the license or registration of a person licensed or registered by the board or to discipline a person licensed or registered by the board upon a finding by a majority of the entire board that the licensee, registrant, or applicant has:

§ 43-38-11.1 – Suspension of License, Registration, or Weapons Permit

(a) After proper notification, the board may suspend the license, registration, or weapons permit of any licensee, registrant, or weapons permit holder without a prior hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or weapons permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11, is found to have had a prior felony conviction, or is currently under a first offender sentence for a felony crime that was not reported on the application for licensure or registration.

§ 43-38-12 – Applicability of the “Georgia Administrative Procedure Act.”

All hearings required to be conducted by the board shall be conducted in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; and all rules and regulations of the board shall be adopted and promulgated in accordance with Chapter 13 of Title 50.

§ 43-38-13 – Arrest Powers of Licensees and Registrants

Licensees or registrants under this chapter shall have the same power of arrest as that granted to a private person by Code Section 17-4-60.

§ 43-38-14 – Exceptions to Operation of Chapter; Local Regulation

(a) This chapter shall not apply to: (1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties;

§ 43-38-14.1 – Restrictions on Local Business Licenses

(a) No municipality, county, or other political subdivision of this state shall grant a business license to any person required to be licensed under this chapter until such person has made bona fide application to the board to be licensed under this chapter and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant’s license.

§ 43-38-15 – Applicability of Chapter

No individual, firm, association, company, partnership, limited liability company, or corporation shall engage in any activity covered by this chapter unless such individual, firm, association, company, partnership, limited liability company, or corporation is in compliance with this chapter.

§ 43-38-16 – Penalty

Any person who engages in the private detective business or private security business or offers, pretends, or holds himself out as eligible to engage in the private detective business or private security business and who is not legally licensed or registered under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that he practices in violation of this chapter shall constitute a separate offense.

§ 43-38-17 – Termination

Repealed by Ga. L. 1992, p. 3137, § 30, effective July 1, 1992

Chapter 509-1. ORGANIZATION

Chapter 509-2. LICENSURE AND REGISTRATION

Chapter 509-3. INSTRUCTORS & TRAINING PROGRAM REQUIREMENTS

Chapter 509-4. SAFETY AND CONDUCT OF LICENSEES AND REGISTRANTS

Chapter 509-5. PROCEDURAL RULES

Chapter 509-6. CHANGES