TPS Firearms & Weapons Regulations 2 — Questions and Answers
Question 1: What is the legal standard for a commissioned security officer to use deadly force with a firearm?
- Reasonable belief that deadly force is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual assault (Correct answer)
- Any time the officer feels threatened by another person
- When the employer's post orders authorize the use of a firearm
- When a law enforcement officer requests assistance
Correct answer: Reasonable belief that deadly force is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual assault
Texas Penal Code §9.32 requires a reasonable belief that deadly force is immediately necessary to prevent death, serious bodily injury, kidnapping, or sexual assault.
Commissioned security officers must meet the same legal standard as any private citizen when using deadly force. Under Texas Penal Code §9.32, deadly force is justified only when the actor reasonably believes it is immediately necessary to protect themselves or another from death, serious bodily injury, kidnapping, or sexual assault.
Question 2: A security officer is required to requalify with their duty firearm how often under Texas DPS requirements?
- Annually (Correct answer)
- Every 6 months
- Every 2 years
- Every 5 years
Correct answer: Annually
Texas DPS requires commissioned officers to complete annual firearms requalification to maintain their firearm endorsement.
Under 37 TAC Chapter 35, commissioned security officers with a firearms endorsement must complete annual requalification with their duty weapon(s). This requalification includes a live-fire qualification course and must be conducted by a DPS-licensed firearm instructor. Failure to requalify results in loss of the firearms endorsement.
Question 3: What does 'firearm retention' mean in the context of security officer training?
- Techniques to prevent an assailant from taking the officer's firearm during a physical confrontation (Correct answer)
- The policy of keeping a firearm in a secure storage locker
- The legal requirement to maintain firearm registration
- The storage of firearms at the end of each shift
Correct answer: Techniques to prevent an assailant from taking the officer's firearm during a physical confrontation
Firearm retention training teaches officers physical techniques to keep their weapon if someone attempts to grab or take it during a struggle.
Firearm retention training addresses one of the most dangerous scenarios for an armed officer: an assailant attempting to take their weapon. Retention techniques involve body positioning, weapon holster selection (retention holsters), grip techniques, and physical counter-moves to prevent weapon removal.
Question 4: Under what circumstances may a security officer draw their firearm (present it) without firing?
- When they reasonably believe they may need to use it to protect against an imminent threat of serious bodily injury or death (Correct answer)
- Whenever they encounter a person who is verbally aggressive
- To intimidate a person who is trespassing on private property
- Any time they feel uncomfortable in a situation
Correct answer: When they reasonably believe they may need to use it to protect against an imminent threat of serious bodily injury or death
Drawing a firearm (weapon presentation) is still a use of force and must be justified by a reasonable belief of an imminent serious threat. Pointing a firearm at someone without justification is assault.
Pointing a firearm at another person without justification constitutes assault under Texas Penal Code §22.01. Officers may present their firearm when they reasonably believe it may be immediately necessary due to an imminent serious threat, but should not draw in response to minor threats, verbal conflicts, or trespassing situations.
Question 5: What is the significance of a 'retention holster' for an armed security officer?
- It provides additional mechanisms to prevent unauthorized removal of the firearm from the holster (Correct answer)
- It is a required storage container for firearms at the end of a shift
- It reduces the weight of the firearm for extended carry
- It is required by Texas DPS for all commissioned officers
Correct answer: It provides additional mechanisms to prevent unauthorized removal of the firearm from the holster
Retention holsters have locking mechanisms (thumb breaks, rotating hoods, trigger guards) that require deliberate movements to draw the weapon, preventing accidental loss or disarming during physical confrontations.
Retention holsters are designed to hold the firearm securely during physical activity and resist unauthorized removal. Level I retention holsters use a thumb snap; Level II add a rotating hood; Level III add a trigger guard mechanism. Armed security officers benefit significantly from retention holsters because they prevent weapon takeaways that could be catastrophic for the officer and bystanders.
Question 6: What federal law prohibits certain individuals from possessing firearms, and how does it affect security officer employment?
- 18 U.S.C. §922(g) — persons convicted of felonies, domestic violence misdemeanors, or subject to domestic violence protective orders are prohibited from possessing firearms (Correct answer)
- The Gun Control Act requires background checks only at gun stores, not for officer employment
- Federal law has no impact on state security officer licensing
- The Brady Act applies only to law enforcement officers
Correct answer: 18 U.S.C. §922(g) — persons convicted of felonies, domestic violence misdemeanors, or subject to domestic violence protective orders are prohibited from possessing firearms
Federal law (18 U.S.C. §922(g)) prohibits specific categories of persons from possessing firearms. Persons in these categories cannot legally carry a duty firearm, making them ineligible for armed security work.
18 U.S.C. §922(g) of the Gun Control Act establishes federal firearms prohibitions for persons including: convicted felons, domestic violence misdemeanor convicts, persons subject to qualifying domestic violence restraining orders, and others. Security companies and the DPS screen for these prohibitions during the background check process.
TPS Firearms & Weapons Regulations 2
What is the legal standard for a commissioned security officer to use deadly force with a firearm?