Can private security officers and commissioned security officers in Arkansas carry tasers on the job, and do they have to be trained in their use?

Plain-English summary

Representative Jonathan Barnett asked AG Dustin McDaniel two questions about Commissioned Security Officers (CSOs) and Private Security Officers (PSOs) using tasers. The taser-possession ban in A.C.A. § 5-73-133(b)(1) only reaches people 18 and younger. The Private Investigators and Private Security Agencies Act (A.C.A. §§ 17-40-101 et seq.) does not say anything specific about tasers.

The AG's answers:

Question 1: Can CSOs and PSOs carry and use tasers on duty? Yes. State law does not prohibit it. The only criminal-law restriction on taser possession applies to people 18 and younger. CSOs and PSOs, being adults, are not affected by that restriction. Whether a CSO's or PSO's use of a taser in a particular situation is lawful depends on the circumstances, including whether the force is justified under A.C.A. §§ 5-2-606, -608, -609. Note that A.C.A. § 5-2-610 (justified use of force by law enforcement officer) does not apply to CSOs or PSOs because they are private officers, not public servants.

Question 2: Must CSOs and PSOs be trained in taser use? Not under current state law. The only taser-training requirement in state law is A.C.A. § 5-73-133(c), which requires "[a]ny law enforcement officer using a taser stun gun [to] be properly trained in [its] use and informed of any danger or risk of serious harm and injury that may be caused by [its] use ... on a person." "Law enforcement officer" is defined at A.C.A. § 5-1-102(10) as "any public servant vested by law with a duty to maintain public order or to make an arrest for an offense." CSOs and PSOs are private officers, not public servants (see A.C.A. § 17-40-102(10), (21)), so this training requirement does not apply to them.

The AG flagged the policy mismatch. The General Assembly required taser training for law enforcement officers, presumably to protect the public from improperly used tasers. But CSOs and PSOs use tasers in similar situations and can cause similar harm. The Arkansas Board of Private Investigators and Private Security Agencies has authority under A.C.A. § 17-40-207(a)(4) to "establish and enforce standards governing the ... conduct of persons" including CSOs and PSOs, which the AG read to include the authority to require taser training. The Board had not done so as of 2014. The AG noted the gap could be a policy matter for the General Assembly to address.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Can private security officers in Arkansas carry tasers? At the time of this opinion, yes. State law's only taser-possession restriction applies to people 18 and younger (A.C.A. § 5-73-133(b)(1)). Adult CSOs and PSOs can carry tasers on duty.

Do Arkansas security officers have to be trained in taser use? Not under state law as of 2014. The taser training requirement at A.C.A. § 5-73-133(c) applies only to "law enforcement officers," meaning public servants with arrest authority. Private security officers fall outside that definition. The Arkansas Board of Private Investigators and Private Security Agencies has authority to require training but had not exercised it.

What's the difference between a Commissioned Security Officer and a Private Security Officer? Both are regulated under the Private Investigators and Private Security Agencies Act (A.C.A. § 17-40-101 et seq.). The differences are spelled out in A.C.A. § 17-40-102. CSOs typically have additional commissioning that gives them broader authority. PSOs are basic private security personnel. Both are private, not public, employees.

Are CSO/PSO uses of force covered by the law enforcement officer justification statute? No. A.C.A. § 5-2-610 (justified use of force by law enforcement officer) does not extend to CSOs or PSOs. They have to rely on the general justification provisions at A.C.A. §§ 5-2-606 (self-defense), -608 (defense of property), -609 (defense of person), or other applicable statutes.

Could a CSO or PSO be criminally liable for using a taser improperly? Yes. The legality of any use of force is a fact-and-law question. Improper use of a taser, like improper use of any force, could expose the security officer to criminal or civil liability. The general justification provisions in the criminal code apply.

Background and statutory framework

Arkansas's regulatory framework for private security personnel runs through the Private Investigators and Private Security Agencies Act (A.C.A. §§ 17-40-101 to -353), which the Board of Private Investigators and Private Security Agencies administers. The Board can establish standards for licensing, training, and conduct under A.C.A. § 17-40-207(a)(4) and § 17-40-208.

The taser-related criminal law is at A.C.A. § 5-73-133:

• Subsection (b)(1): possession ban for those 18 and younger.
• Subsection (c): training requirement for law enforcement officers.

The use-of-force justifications in the criminal code (A.C.A. § 5-2-601 et seq.) include:

• § 5-2-606: self-defense
• § 5-2-608: defense of premises
• § 5-2-609: defense of person
• § 5-2-610: justification for law enforcement officers (limited to public servants)

The 2014 opinion observes a regulatory gap: private security personnel can use a serious-force tool without mandated training, while law enforcement officers cannot. The AG suggested this gap warrants legislative attention or Board action.

Citations

• A.C.A. § 5-73-133(b) (taser possession ban for those 18 and younger)
• A.C.A. § 5-73-133(c) (taser training required for law enforcement officers)
• A.C.A. § 5-1-102(10) (definition of law enforcement officer)
• A.C.A. §§ 17-40-101 to -353 (Private Investigators and Private Security Agencies Act)
• A.C.A. § 17-40-102(10), (21) (CSO and PSO definitions)
• A.C.A. § 17-40-207(a)(4) (Board authority to establish conduct standards)
• A.C.A. § 17-40-208 (CSO/PSO training requirements)
• A.C.A. §§ 5-2-606, -608, -609 (general use-of-force justifications)
• A.C.A. § 5-2-610 (law enforcement officer use-of-force justification)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS

THE ATTORNEY GENERAL
Dustin McDANIEL

Opinion No. 2014-023

May 19, 2014

The Honorable Jonathan Barnett
State Representative

1980 Highway 412 West
Siloam Springs, Arkansas 72761-3805

Dear Representative Barnett:

This is my opinion on your questions about commissioned security officers, private security officers, and taser stun guns:

1. May CSOs and PSOs carry and utilize taser stun guns while
   performing the duties of their employment?

2. Assuming CSOs and PSOs may carry/utilize taser stun guns,
   must CSOs and PSOs be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person?

RESPONSE

In my opinion, state law does not prohibit CSOs or PSOs carrying or using tasers on the job. Nor is there currently any requirement in state law that CSOs or PSOs receive taser training although, as explained below, it is my view that the Arkansas Board of Private Investigators and Private Security Agencies may require such training.

State law does require that law enforcement officers receive taser training. The fact that law enforcement officers must be properly trained in the use of tasers, whereas no such training is required of CSOs and PSOs, may be a policy matter for the General Assembly to consider and address. I am of course limited, in issuing opinions, to address the law as it is currently written.

I also note that any person's use of a taser on another person may be lawful or not, depending on the circumstances.

Question 1: May CSOs and PSOs carry and utilize taser stun guns while performing the duties of their employment?

As you note, criminal law prohibits taser possession by or sale to people under age

19. It does not prohibit other people, including CSOs and PSOs, from possessing
    tasers.

The Private Investigators and Private Security Agencies Act defines "commissioned security officer" and "private security officer," directly regulates them, and subjects them to further regulation by the Arkansas Board of Private Investigators and Private Security Agencies. The Board has authority, in my view, to establish and enforce standards governing the use of tasers by CSOs and PSOs beyond the standards that generally apply to all persons, but has not done so to date.

I conclude that state law does not prohibit CSOs or PSOs possessing tasers on the job.

When anyone, including a CSO or PSO, uses force against someone else, the action's legality is a question of fact as well as law. It may be lawful; it may be a tort or crime. Criminal law specifies circumstances in which the use of force is justified and therefore cannot result in criminal liability.

Question 2: Assuming CSOs and PSOs may carry/utilize taser stun guns, must CSOs and PSOs be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person?

The only taser training requirement under state law is contained in a criminal-law provision and requires "[a]ny law enforcement officer using a taser stun gun [to] be properly trained in [its] use and informed of any danger or risk of serious harm and injury that may be caused by [its] use ... on a person." For purposes of this statute, "law enforcement officer" means "any public servant vested by law with a duty to maintain public order or to make an arrest for an offense." Because CSOs and PSOs are private officers, not public servants, this law does not require CSOs or PSOs to receive the training and information required to be given to law enforcement officers.

One might question, from a policy standpoint, this apparent distinction between private security personnel and public law enforcement officers. But questions of this nature are properly addressed to the General Assembly. I am of course constrained, in issuing opinions, to addressing the law as it is currently written.

The Private Investigators and Private Security Agencies Act requires CSO and PSO training and authorizes the Board to establish training topics, which as noted above may include taser possession and use.

Assistant Attorney General J. M. Barker prepared this opinion, which I approve.

Sincerely,

Dustin McDaniel
Attorney General

DM/JMB:cyh