PSP Issues Notice to Act 235 Agents Regarding the Anderson Decision

As our viewers are aware, in August of this year, a devastating en banc opinion was issued by the Pennsylvania Superior Court in Commonwealth v. Anderson, where it ruled that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless of the language in Act 235 that requires a private security guard carry his/her certificate when “on duty or going to and from duty and carrying a lethal weapon.”

Today, the Pennsylvania State Police issued a notice to all Act 235 agents informing them of the decision and stating that it would be advisable for them to obtain a license to carry firearms. Specifically, the email notification declares:

Dear _____,
Please note that in August 2017, the Pennsylvania Superior Court issued an opinion in Commonwealth v. Anderson, ___ A.3d ___ (Aug. 23, 2017), and ruled that an Act 235 certification is not a substitute for a license to carry. Agents are reminded of the Regulations governing Act 235, at Section 21.26(d), which state “The issuance of a certification card to a privately employed agent does not grant the agent the right or privilege to carry, possess, own, or have under his control a firearm contrary to 18 Pa.C.S. § § 6101—6120 (relating to Uniform Firearms Act).” In light of this ruling, it may be prudent for agents to obtain a license to carry their firearms while in an off-duty status, including traveling to and from places of employment, or in instances where agents are required to conceal a firearm on duty, including loaded carry inside of a vehicle. Agents should direct questions regarding this to their employers.
Sincerely,

Major Troy S. Lokhaiser
Executive Director

As I originally stated in the blog article from August 24th, if you are an Act 235 security guard, it is now imperative that you obtain a license to carry firearms, immediately. Likewise, if you are a law enforcement officer, including constable, sheriff, deputy or police officer, even a Pennsylvania State Trooper, you must immediately obtain a license to carry firearms, based on the Superior Court’s decision in Anderson.

If you or someone you know is being prosecuted for carrying a firearm absent a license to carry firearms, contact FICG today to discuss your options.


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

3 thoughts on “PSP Issues Notice to Act 235 Agents Regarding the Anderson Decision

  1. This is an insane decision in my opinion. It just shows that the elite do not trust those who are active law enforcement officers or certified security guards, when they are not in uniform and not on duty. They have passed all their background checks proving they are trust worth.

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    1. these are the “elite” people who wrote laws which contradict the bill of rights.
      don’t expect anything they do to be straight or sensible.

      Like

  2. I would like to know why there is not a law or rule that 235 agents make a decent salary when we have to test every 4 years written and practical test pay to renew our license yet we get paid 10 to 14 dollars most places we work for.we put our lives on the line like regular police and state troopers yet we are paid pennies.some unarmed guards make more then us depending on the company you work for.also why is it not a state job when we have to train and pass test by the state of pa..this occupation is very disrespected.

    Like

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