PRIVATE
DETECTIVES AND PRIVATE DETECTIVE AGENCIES
PRIVATE
SECURITY PERSONS
FIREARMS
Private
Detectives and Private Detective Agencies
Q.
When does a person need a license to act as a private detective?
A.
If a person acts as, advertises or otherwise represents that the person
is a private detective, private investigator or special investigator.
Q.
What types of activities does a private investigator do?
A.
A private investigator investigates or obtains or furnishes information
regarding:
1. Crimes or wrongs done or threatened against the United States
, any state or territory, or any political subdivision thereof.
2. The identity, conduct, business, honesty, activity, movement,
whereabouts, affiliations, associations, transactions, acts, reputation
or character of any person, if such information is obtained in secret,
without the knowledge of the person being observed.
3. The location, disposition or recovery of lost or stolen property.
4. The cause or responsibility for fires, libels, losses, accidents,
damage, injury or death.
5. Securing evidence to be used before any court, public board,
officer, or investigating committee.
Q.
Does a person acting to provide personal protection need to be licensed
as a private detective?
A.
Yes. A person who acts as a private security person and does not wear
a uniform, including one who provides personal protection of individuals
from bodily harm or death.
Q.
When can a private detective carry a concealed weapon?
A.
Wisconsin law does not allow a person, who is not a peace officer, to
carry a concealed weapon. This includes licensed private detectives.
“Firearm"
means a weapon from which a shot is discharged by gunpowder, including
but not limited to handguns and shotguns.
"Peace
officer" means any person vested by law with a duty to maintain
public order or to make arrests for crime, whether that duty extends
to all crimes or is limited to specific crimes. Wis. Stats. §
939.22 (22)
Q.
Can a private detective wear or use a badge?
A.
No. Licensed private detectives may not wear, use or display any badge,
shield or star in the course of acting as a private detective.
Q.
Does an armored car company need to be licensed as a private detective
agency and license its employees as security guards?
A.
Only if the security guards are armed. If the armored car personnel
are unarmed, no license is needed from this department for the armored
car company or armored car personnel.
Q.
Who doesn't need a license as a private detective?
A.
1. A public officer or employee while performing an official duty.
2. Attorneys, law students or law school graduates employed by an attorney
or persons directly employed by an attorney or firm of attorneys whose
work as private detective, investigator or special investigator is limited
to such attorney or firm or to persons directly employed by an insurer
or a retail credit rating establishment. A person who accepts
employment with more than one law firm shall be subject to the licensing
provisions of this section.
3. Any person employed directly or indirectly by the state or by a municipality,
as defined in or
to any employee of a railroad company under or
to any employee of a commercial establishment, while the person is acting
within the scope of his or her employment and whether or not he or she
is on the employer's premises.
4. An employee of any agency that is licensed as a private detective
agency and that is doing business in this state as a supplier of uniformed
private security personnel to patrol exclusively on the private property
of industrial plants, business establishments, schools, colleges, hospitals,
sports stadiums, exhibits and similar activities if the person obtains
a permit as a private security person. (SEE PRIVATE
SECURITY PERSONS)
Q. Is it required that every owner of a private detective agency
be licensed as a private detective?
A.
No. An individual, the members of a partnership and the officers of
a corporation having a private detective agency license who are not
engaged in the work of a private detective, do not need to be licensed
as a private detective.
Q.
Does an off duty police officer need to be licensed as a private detective
to do private detective work?
A.
No, with certain conditions. Off-duty law enforcement officers
do not need to be licensed when employed by a person or entity and when
such employment has been officially authorized by the officer's law
enforcement employment department or agency as an appropriate extension
of the officer's function; provided that the law enforcement agency
gives the hiring person or entity a written statement concerning who
is responsible or liable for the actions of the off-duty law enforcement
officer while that person is performing services for the hiring person
or entity.
Q.
Does a person working for an insurance company need to be licensed?
A.
No. Persons directly employed by an insurer and persons working
as insurance adjusters under contract with an insurer do not need to
be licensed.
Q.
Do persons employed to act as shoppers in business establishments and
report on the efficiency of employees, the quality of services or the
condition of the premises need to be licensed?
A.
No. In addition, p persons employed by an employer and engaged to pose
as patrons for the purpose of checking honesty of employees and then
reporting to that same employer are not required to be licensed. However,
if the person engaged to pose as a patron is supplied by a separate
business entity under contract with the employer, then that person would
need to be licensed as a private detective.
Q.
Do consultants who contract to a private detective or private detective
agency and who perform no investigatory work of any kind themselves,
need to be licensed?
A.
No.
Q.
Can a private investigator from another state work in Wisconsin while
pursuing an investigation?
A.
Yes, under limited circumstances. A person who is not licensed
as a private detective in Wisconsin, who commences an investigation
in another jurisdiction and who physically enters into Wisconsin for
the purpose of pursuing that investigation, does not need a license,
provided that the person is accompanied by a licensed private detective
while conducting the investigation and that the person is not armed
with a firearm.
Q. Does a company contracting with the federal government to
provide security or investigations work for the federal government or
on federal property or in support of a federal agency need to be licensed
as a private detective agency and obtain either private detective licenses
or private security permits for its employees?
A.
The answer would depend upon whether federal law would pre-empt state
law. Sometimes, the work being performed, if being done pursuant to
federal statute, will pre-empt state law because federal statute explicitly
states that it does. Once instance of express federal pre-emption is
in providing airport security at passenger terminals. In other instances,
federal contracts issued pursuant to federal statute may implicitly
pre-empt state law, by specifying work conditions and employee qualifications.
Finally, work performed on federal land and under federal jurisdiction
for federal purposes will most often pre-empt state law by implication
as well.
Any
company desiring to contract with the federal government in these areas
should consult with the federal agency or contracting entity involved
for more information, and consult private counsel as necessary to determine
whether state law might apply.
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Private
Security Persons
Q.
What is a private security person?
A.
A "Private security person" means any private police, guard
or any person who stands watch for security purposes. “Private
security person" includes a person employed by a private detective
agency to act as an usher, a ticket-taker or an event attendant at events
which include, but are not limited to, athletic events, concerts, fairs,
festivals and trade shows. But there are exceptions.
Q.
What are the exceptions?
A. An off-duty law enforcement officer when employed by a person or
entity and when such employment has been officially authorized by the
officer's law enforcement employment department or agency as an appropriate
extension of the officer's function; provided that the law enforcement
agency gives the hiring person or entity a written statement concerning
who is responsible or liable for the actions of the off-duty law enforcement
officer while that person is performing services for the hiring person
or entity.
A
person employed by a private detective agency who acts as an usher,
ticket-taker or event attendant at events which include, but are not
limited to, athletic events, concerts, fairs, festivals and trade shows,
provided that all of the following conditions are met:
1. The person does not wear any clothing, badge, patch or lettering
which identifies the person as one who provides a security function
at the event or who refers to himself or herself by a title, such as
a private security person, a private police officer or a private public
safety person.
2. The person is not armed with a dangerous weapon.
Q.
Can a person with a felony conviction obtain a private security permit?
A.
No, unless that person has been pardoned. It does not matter how long
ago the felony conviction occurred. This requirement is set forth in
statute, and the department cannot grant any exceptions.
Q.
Can a person with a misdemeanor conviction obtain a private security
permit?
A.
Yes, under certain conditions. If the conviction is not substantially
related to private security work a permit may be issued. Or, a permit
may be issued with certain conditions or limitations in some instances.
Q.
Does the department issue temporary permits?
A.
Yes, the temporary permits are issued for 30 days and are issued to
allow a person to work while the required background investigation is
being conducted. The permit terminates at the end of 30 days and cannot
be extended or renewed. Now that the Department utilizes a digital fingerprinting process, the need for temporary permits has greatly diminished.
Q.
Is a private security person required to wear a uniform?
A.
Yes. A private security person holding a permit must wear a uniform
while on duty. A person may perform security guard services as a private
security person without wearing a uniform only if the person is licensed
as a private detective or is exempt by law from the requirement for
a license or permit.
Q.
What are the other on duty requirements?
A.
A private security person must have on his or her person while
on duty as a private security person the private security permit issued
to him or her by the department and, if carrying a firearm, the firearms
permit issued to him or her by the department. (SEE MORE ABOUT FIREARMS
UNDER THE FIREARMS SECTION)
A private detective agency must also furnish all employees acting as
private security personnel with an identification or name tag which
shall at a minimum contain the person's name, number or other information
which clearly identifies the person and the agency, or the person and
the entity contracting with the agency. A private detective agency must
ensure that all employees who act as private security personnel wear
identification or name tags which are visible to the public at all times.
A licensed private detective agency must also furnish all employees
acting as private detectives with an identification which shall contain
at a minimum a current full face, head and shoulders color photograph
of the person, the person's name and the name and address of the agency.
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Firearms
Q.
When may a private security person or private detective carry a firearm?
A.
Wisconsin law does not allow a person, who is not a peace officer, to
carry a concealed weapon. This includes licensed private detectives
and persons with a permit as a private security permit.
“Firearm"
means a weapon from which a shot is discharged by gunpowder, including
but not limited to handguns and shotguns.
"Peace
officer" means any person vested by law with a duty to maintain
public order or to make arrests for crime, whether that duty extends
to all crimes or is limited to specific crimes. Wis. Stats. § 939.22
(22)
No owner or employee of a private detective agency may carry on, about
or near their person any firearm unless all of the following apply:
(a) The circumstances or conditions of the owner's or employee's
assignment as a private security person give rise to a substantial need
for being armed.
(b) The agency requires the owner or employee to carry a firearm
when acting as a private security person.
(c) The client and the agency agree in writing that the agency
will assign armed security personnel to the client.
(d) The agency has received a permit from the department.
(e) The owner or employee is not prohibited from possessing a
firearm under State
or any federal law.
(f) The
owner or employee has not been convicted of a misdemeanor that is substantially
related to the work of being a private detective or private security
person.
(g) The owner or employee must be in uniform.
(h) The owner or employee must be on duty.
(i) The owner or employee complies with all federal or state laws
or local ordinances when carrying a firearm.
(j) The owner or employee does not hold a temperately private
security permit.
(k)
The agency has obtained a comprehensive general liability policy required
by administrative rules of the department.
Q.
What are the requirements for a peace officer to carry a firearm?
A.
A person who is a peace officer ,
may carry on, about or near his or her person a firearm, concealed or
otherwise, when acting as a private detective or private security person,
if the peace officer obtains a firearms permit from the department.
The
department may grant an exception from this requirement to a peace officer
who submits to the department a letter from a law enforcement agency,
written not more than one month before the date of receipt by the department,
stating that the law enforcement agency will accept liability for the
peace officer's use of a firearm while on duty for the private detective
agency.
Q. Can a loaded firearm be transported in a vehicle?
A.
Under certain circumstances. The firearm must be in plain view.
“In plain view" means it is visible from ordinary observation to
a person outside the vehicle. A firearm located in
a glove compartment, in a briefcase, under a seat of a vehicle, or covered
by the clothing of an occupant, is not "in plain view."
If the firearm is a handgun, the owner or employee must transport the
firearm in a holster which is in plain view as well.
If
the firearm is other than a handgun, the owner or employee must transport
the firearm in a device inside the vehicle which locks the firearm in
position and prevents an unauthorized person from removing the firearm
from the locking device and which is in plain view.
The owner or employee must also comply with all of the general requirements
and conditions necessary to carry a firearm.
Q.
How does a person obtain a firearm permit?
A.
Please review the credentialing information contained on this web site
for further information and requirements, or contact the department.
Before an agency may receive a permit from the department the owner
or employee who will be assigned to carry a firearm while on duty shall
obtain a certificate of proficiency in the care, handling and use of
a firearm. A copy of Firearms Certification of Proficiency (form #467) may be obtained from
the Department of Regulation and Licensing, Bureau of Direct Licensing
and Real Estate, 1400 East Washington Avenue, P.O. Box 8935
, Madison, Wisconsin 53708.
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