Transportation Security Administration, DHS § 1562.29

§ 1562.29 Armed security officer re- lation of law, and had statutory powers quirements. of arrest; (a) General. Unless otherwise author- (iii) Before such retirement, was reg- ized by TSA, each armed security offi- ularly employed as a law enforcement cer must meet the following require- officer for an aggregate of 15 years or ments: more, or retired from service with such (1) Be qualified to carry a firearm in agency, after completing any applica- accordance with paragraph (b) of this ble probationary period of such service, section. due to a service-connected disability, as determined by such agency; (2) Successfully complete a TSA se- (iv) Has a non-forfeitable right to curity threat assessment as described benefits under the retirement plan of in paragraph (c) of this section. the agency; (3) Meet such other requirements as (v) Is not under the influence of alco- TSA, in coordination with the Federal hol or another intoxicating or hallu- Air Marshal Service, may establish in cinatory drug or substance; and the Armed Security Officer Security (vi) Is not prohibited by Federal law Program. from receiving a firearm. (4) Be authorized by TSA, in coordi- (3) Other individuals. Any other indi- nation with the Federal Air Marshal vidual must— Service, under 49 U.S.C. 44903(d). (i) Meet qualifications established by (b) Qualifications. To be qualified to TSA, in coordination with the Federal carry a firearm under this subpart, an Air Marshal Service, in the Armed Se- individual must meet the requirements curity Officer Program; in paragraph (1), (2), or (3) of this sec- (ii) Not be under the influence of al- tion, unless otherwise authorized by cohol or another intoxicating or hallu- TSA, in coordination with the Federal cinatory drug or substance; and Air Marshal Service. (iii) Not be prohibited by Federal law (1) Active law enforcement officers. An from receiving a firearm. active law enforcement officer must be (c) Threat assessments. To be author- an employee of a governmental agency ized under this section, each armed se- who— curity officer: (i) Is authorized by law to engage in (1) Must undergo a fingerprint-based or supervise the prevention, detection, criminal history records check that investigation, or prosecution of, or the does not disclose that he or she has a incarceration of any person for, any criminal offense that would disqualify violation of law; him or her from possessing a firearm (ii) Has statutory powers of arrest; under 18 U.S.C. 922(g). (iii) Is authorized by the agency to (2) May, if informed that a disquali- carry a firearm; fying offense has been disclosed, cor- (iv) Is not the subject of any discipli- rect the record in accordance with the nary action by the agency; procedures set forth in paragraphs (h) (v) Is not under the influence of alco- and (i) of § 1544.229 of this chapter re- hol or another intoxicating or hallu- garding notification and correction of cinatory drug or substance; and records. (vi) Is not prohibited by Federal law (3) Must submit to TSA his or her: from receiving a firearm. (i) Legal name, including first, mid- (2) Retired law enforcement officers. A dle, and last; any applicable suffix, and retired law enforcement officer must any other names used. be an individual who— (ii) Current mailing address, includ- (i) Retired in good standing from ing residential address if different than service with a public agency as a law current mailing address. enforcement officer, other than for rea- (iii) Date and place of birth. sons of mental instability; (iv) Social security number, (submis- (ii) Before such retirement, was au- sion is voluntary, although rec- thorized by law to engage in or super- ommended). vise the prevention, detection, inves- (v) Citizenship status and date of nat- tigation, or prosecution of, or the in- uralization if the individual is a natu- carceration of any person for, any vio- ralized citizen of the United States.

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(vi) Alien registration number, if ap- Program at any airport as needed to plicable. carry out duties under this subpart, in- (4) Must undergo a threat assessment cluding for travel to and from flights by TSA prior to receiving authoriza- conducted under this subpart. tion under this section and prior to (g) Use of force. Each armed security boarding an aircraft operating into or officer authorized to carry a firearm out of DCA as provided in § 1562.23(d)(1) under this section may use force, in- of this part. cluding deadly force, in accordance (d) Training. Each armed security of- with the Armed Security Officer Pro- ficer onboard an aircraft operating into gram. or out of DCA must: (h) Use of alcohol or intoxicating or (1) Have basic law enforcement train- hallucinatory drugs or substances. An ing acceptable to TSA; and armed security officer onboard an air- (2) Successfully complete a TSA-ap- craft operating into or out of DCA may proved training course, developed in not consume alcohol or use an intoxi- coordination with the Federal Air Mar- cating or hallucinatory drug or sub- shal Service, at the expense of the stance during the flight and within 8 armed security officer. hours before boarding the aircraft. (e) Armed security officer program. (1) (i) Credential—(1) TSA credential. An Each armed security officer onboard an armed security officer under this sec- aircraft operating into or out of DCA tion must carry a credential issued by must— TSA. (i) Comply with the Armed Security (2) Inspection of credential. An armed Officer Program. security officer must present the TSA- (ii) Restrict the distribution, disclo- issued credential for inspection when sure, and availability of sensitive secu- requested by an authorized representa- rity information (SSI), as defined in tive of TSA, the Federal Aviation Ad- part 1520 of this chapter, to persons ministration, the Federal Air Marshal with a need to know, and refer all re- Service, the National Transportation quests for SSI by other persons to TSA. Safety Board, any Federal, State, or (2) TSA and the Federal Air Marshal local law enforcement officer, or any Service may conduct random inspec- authorized aircraft operator represent- tions of armed security officers to en- ative. sure compliance with the Armed Secu- (3) Preflight identification to crew- rity Officer Program. members. When carrying a firearm, an (f) Authority to carry firearm. An armed security officer must identify armed security officer approved under himself or herself to all crewmembers this section is authorized— either personally or through another (1) To carry a firearm in accordance member of the crew before the flight. with the Armed Security Officer Pro- (j) Suspension or withdrawal of author- gram on an aircraft operating under a ization. At the discretion of TSA, au- DASSP into or out of DCA; and thorization under this subpart and 49 (2) To transport a firearm in accord- U.S.C. 44903(d) is suspended or with- ance with the Armed Security Officer drawn upon notification by TSA.

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