ACT 235 LETHAL WEAPONS TRAINING
FREQUENTLY ASKED QUESTIONS
Who Must Be Certified?
Any person who is privately employed and required as a condition of
employment to carry a lethal weapon must be certified. Example of
private employees are:
- Security Guards
- Armored Truck Guards
- Alarm Response Guards
- Night Watchmen
- Private Investigators
Governmental employees, such as police officers, are not required to
have lethal weapons certification to perform their duties as
government employee. If a government employee has a second job
(moonlighting) in which he is privately employed and must carry a
lethal weapon, he must be certified even if the second job is located
within the jurisdiction of his government employer.
What Is A Lethal Weapon?
Any weapon calculated to produce death or serious bodily harm is
considered a lethal weapon. The most common examples are:
- Pistols
- Revolvers
- Billy Clubs
- Nightsticks
- Rifles
- Shotguns
A blackjack is considered a prohibited offensive weapon, and as such
cannot be carried by privately employed agents.
Who Administers The Act and Establishes Standards?
The Pennsylvania State Police administers the Act and provides
applications at all installations except Turnpike and Interstate
Stations.
What Is The Purpose of Lethal Weapons Certification?
It is evidence that the person to whom it is issued has complied with
the Lethal Weapons Training Act. It is not a license to carry a
firearm. Licenses to carry a firearm are issued by local authorities.
What Are The Requirements For Certification?
- The applicant must be at least 18 years old and submit the required application
- The applicant must pass a psychological evaluation, which is valid for 6 months.
- The applicant must pass a physical evaluation which is valid for 6
months and includes but is not limited to:
- Neurological condition- The applicant must be free from any
debilitating condition, such as tremor, lack of coordination, convulsion, fainting episodes and similar conditions.
- Cardiovascular condition- The applicant must be able to withstand
significant cardiovascular stress.
- Intoxicants- The applicant must be free from the addictive or
excessive use of either alcohol or drugs.
- Visual acuity- The applicant must have visual acuity of at least 20/70
uncorrected in the stronger eye, correctable to at least 20./20; and
20/200, uncorrected in the weaker eye, correctable to at least 20/40,
and must be free of any significant vision abnormality. Important: The
uncorrected and corrected standards must be met for each eye.
- Audio acuity- The applicant must be able to distinguish a normal
whisper at a distance of 15 feet with each ear, independently.
- Other conditions- The applicant must be free from any other
significant physical defect or disorder which would, in the
physician's opinion, impair the applicant's ability to handle a lethal
weapon.
- The applicant cannot be convicted, have plead guilty or nolo contendere to a disqualifying criminal offense, which include, but are
not limited to, the following crimes:
- Murder
- Rape
- Aggravated Assault
- Robbery
- Burglary
- Kidnapping
- Voluntary Manslaughter
- Arson
- Involuntary Deviate Sexual Intercourse
- Recklessly Endangering Another Person
- Terroristic Threats
- The applicants must pay a $50.00 fee at the time of the application
(this is an application fee, not a fee for fingerprinting) and a
$30.00 fee to receive certification.
- The applicant must satisfy a training requirement which includes
completion of the established course or approval of the waiver of
training.
How Long Does the Certification Process Take?
If all required documents are received in a timely fashion (at
approximately the same time) approval for training is issued in
approximately 2 months.
How Long Is The Required Course?
The basic training initial certification course is 40 hours and
certification renewal course is 8 hours.
How Long Is The Certification Card Valid?
The certification card is valid for 5 years unless revoked or invalidated.
How Does An Applicant Locate A School For Training?
After an application is processed, and approval to attend a school has
been granted, applicants will be provided a list of all certified
schools.
What Problems May Arise If An Applicant Attends School Before Receiving State Police Approval To Do So?
Certification will not be granted unless the applicant passes the
physical examination, psychological examination and fingerprint check.
Attending a school prior to approval does not guarantee certification.
Unless an applicant notifies the school that approval has been
granted, his grades will not be sent to the State Police and he will
not receive certification.
Training alone does not satisfy the requirements of the Lethal Weapons
Training Act. Without certification, carrying a lethal weapon,
incidental to private employment is a violation of the law.
How Are Waivers of The Basic Training Course Obtained?
The selection of the application relating to waivers must be
appropriately completed as follows:
1) Academic Waiver - The director of a certified Lethal Weapons or
Municipal Police training school must verify, by signature, that the
applicant has successfully completed a formal course of instruction
comparable to the academic course prescribed by the Commissioner, with
5 years prior to receipt of the application by the Department.
2) Firearms Waiver - The director of a Certified Lethal Weapons or
Municipal Police training school, or certified police or lethal
weapons firearms instructor must verify, by signature, that the
applicant has successfully completed a formal combat firearms course
of instruction comparable to the firearms course prescribed by the
Commissioner within 1 year prior to receipt of the application by the
Department. If verified by a firearms instructor, a copy of the
instructors certification must accompany the application.
Diplomas and certificates should not be attached to applications for
the purpose of documenting equivalent training for a waiver. Only the
signature procedure on the application will be used to request a
waiver. An applicant who cannot meet the requirements outlined in the
Academic and /or Firearms waiver section will be required to complete
the section(s) applicable to obtain certification.
Who Can Apply For A Waiver?
Anyone who has completed comparable training and can document the
training with the necessary signatures may apply for a waiver. These
waivers relate to basic training only. No waivers are granted for the
renewal course.
Who Is Responsible For Reporting Address Changes?
The certified agent must report any change of address directly to :
Pennsylvania State Police
Lethal Weapons Certification
8002 Bretz Drive
Harrisburg, PA 17112
(717) 346-4087
What Is An Exemption From The Provisions Of The Act?
Legislative changes to the Act have created exemptions from the
physical, psychological, application fee and training requirements for
certain police officers under certain conditions as follows:
Active Pennsylvania State Police Officers
No exemption will be granted.
Retired Pennsylvania State Police and Pennsylvania Municipal Police Officers -
Exempt from the physical testing requirement, the psychological
testing requirement, the $ 50.00 application fee and the training
requirement, provided the officer retired after at least 20 years of
service and assumed the duties of a private agent within 3 years of
retirement. If the officer waits more than 3 years from his date of
retirement to apply for certification he must comply with the physical
and psychological testing requirements. If the officer retires with
less service than 20 years, or at any length of service because of a
disability, no exemption will be granted.
Active Pennsylvania Municipal Police Officers
(hired before June 18, 1974) - Exempt from the physical testing
requirement, the psychological testing requirement and the $ 50.00
application fee provided the officer is employed full time by a
municipal police department and has been so employed since before June
18, 1974.
Active Pennsylvania Municipal Police Officers
(hired after June 18, 1974) - Exempt form the $ 50.00 application fee,
and if he has completed physical and /or psychological examination(s)
as a prerequisite to police employment or as a condition of continued
police employment will be exempted from the physical and psychological
testing requirement, provided the officer is employed full-time by a
municipal police department.
Active or Retired Part-Time Pennsylvania Municipal Police Officers,
Federal or Other Police Officers
(Campus Police, Capitol Police, any officer from another state, etc.)
No exemption will be granted.
What Is The Penalty For Violating The Act?
An individual carrying a lethal weapon incidental to employment
without certification may be convicted of a misdemeanor offense with a
prison term not to exceed one year, or a fine not to exceed $1,000.00
or both.
Who Can Enforce This Law?
Any Pennsylvania State Police or local police officer may enforce the
provisions of this law.
When Must A Certification Card Be Renewed?
A certification card must be renewed before it expires; expired cards
cannot be renewed. If the card expires the applicant must go through
the entire initial application process again, including the 40 hours
training program.
What Is The Procedure For Renewal?
To renew a certification, complete a renewal application and forward
it to the address on the form along with two color photographs and a $
30.00 fee. Approval for training will be sent with a list of schools
offering the training.
When the 8 hour renewal course is completed, and the grades for the
renewal course are transmitted to the state Police by the certified
training school, applicants will receive a new certification card.
Where Should Questions Concerning The Act Be Directed?
Pennsylvania State Police
Lethal Weapons Certification
8002 Bretz Drive
Harrisburg, PA 17112
(717) 346-4087
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