Frequently asked questions
Am I permitted to carry my firearm loaded in my car while traveling to and from work if I have my Act 235 certificate?
In August 2017, the Pennsylvania
Superior Court issued an opinion in Commonwealth v. Anderson, ___ A.3d
___ (Aug. 23, 2017), and ruled that an Act 235 certification is not a
substitute for a license to carry. Agents are reminded of the Regulations
governing Act 235, at Section 21.26(d), which state “The issuance of a
certification card to a privately employed agent 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 (relating to Uniform Firearms
Act).” In light of this ruling, it may be prudent for agents to obtain a license to carry their firearms while in an
off-duty status, including traveling to and from places of employment, or in
instances where agents are required to conceal a firearm on duty, including
loaded carry inside of a vehicle. Agents should direct questions
regarding this to their employers.
If I am authorized to carry firearms under Title 18 § 926C (LEOSA), must I still obtain Act 235 to carry a firearm at work?
While federal and state law both permit ACTIVE and QUALIFIED RETIRED law enforcement officers to carry and conceal firearms with the appropriate identification, the provisions of Act 235 are separate and distinct from that. Act 235 requires that “privately employed agents, regardless of their place of residence or employers’ location who, as an incidence to their employment, carry a lethal weapon within this Commonwealth” obtain either training or a waiver of training and are certified through the program managed by the Pennsylvania State Police.
The act specifies that it is misdemeanor (22
P.S. § 49. Penalties) for a privately employed person to carry a firearm in the
course of employment without the required training/waiver and certificate. So, while it is not a firearms violation
(either state or federal) to rely on LEOSA when working armed, it is a
chargeable offense to carry a firearm for employment in PA without Act 235.
Can I get a waiver for Act 235 if I am serving or have served in the military?
No. The training for Act 235 is focused on the requirements of this profession in Pennsylvania, so regardless of having received similar training or having similar experience in the military, each applicant must complete the training program to be certified.
Can I get a waiver for Act 235 if I have am currently or was previously certified as an armed security officer in another state?
No. The training for Act 235 is focused on the requirements of this profession in Pennsylvania, so regardless of having received similar training or having similar experience in another state, each applicant must complete the training program to be certified.