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Memo
To: Locksmiths and other interested parties
From: Lisa McGee, Chief
Private Security Services Section
Date: 6.27.2008
Subject: Licensing and Registration Procedures for Locksmiths and Locksmith Companies
 

 

The 2008 General Assembly, House Bill 462, designated the Department of Criminal Justice Services (DCJS) as the agency responsible for regulating issues relating to training, licensing, and registration of the locksmith industry and personnel operating within the Commonwealth of Virginia. A copy of the applicable Code of Virginia as amended can be found at www.dcjs.virginia.gov/pss/codeandregs/legislation.cfm.
 
            A regulatory committee withrepresentatives from the Private Security Services Section and the locksmith industry completed the development of the training standards. The full regulatory requirements to include minimum training standards were under authority of emergency regulations and are available for public viewing on-line at: http://www.dcjs.virginia.gov/pss/special/locksmith.cfm.   Upon executive approval, we will begin the promulgation of the permanent regulations under the Administrative Process Act, which will allow for full public participation. Please regularly review our website to keep abreast of updates, notices and any correspondence received from our Department.
 
 It is imperative that you read the Code sections and Regulations that relate to your industry in their entirety. However, for your convenience, we have included some of the major changes in this memorandum.   Also, please review the Department website www.dcjs.virginia.gov for additional information. You may access the information regarding locksmiths as well as options to view frequently asked questions.
 
 
Locksmith Credentials:
 
In order for you to continue business after September 30, 2008, companies providing locksmith services must obtain a business license from the Department of Criminal Justice Services by October 1, 2008, and individuals providing locksmith services employed by these companies must submit for a criminal history records check by October 1, 2008, complete any required training by January 28, 2009 and obtain a registration by February 26,  2009
 
Our department has posted the applications to include detailed application instructions on our website. Each application is accessible from this memorandum by holding down the Ctrl key and clicking on the application link. Application processing may take a minimum of 30 days prior to final approval, so please submit your applications to avoid any delay in receiving your credentials by October 1, 2008.   Licenses and registrations will be issued for a two-year period.   
 
 
Business License Requirements:
 
 
 
A company is required to be licensed if it is engaged in the business of providing locksmith services to another person under contract, expressed or implied. 
 
Submit to the Department:
  1. Initial business license application (PSS_LA) and applicable non-refundable fee.
  2. For each principal and supervisor of the applying business: fingerprint card, fingerprint processing application (PSS_FP) and applicable non-refundable fee. For more information, view the Fingerprints page.
  3. Documentation verifying that the applicant has secured one of the following:
    • Surety bond in the amount of $100,000 executed by a surety company authorized to do business in Virginia.
    • Certificate of insurance reflecting DCJS as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 and $300,000 issued by an insurance company authorized to do business in Virginia.
  4. Irrevocable consent for service (PSS_IRC) for each non-resident applicant.
  5. Identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth (does not apply to sole proprietors).
  6. A physical address in Virginia where records required to be maintained by the Code of Virginia and the Regulations are kept and available for inspection by DCJS. A post office box is not considered a physical address.
  7. Designate at least one individual as the compliance agent who is not designated as compliance agent for any other licensee, and who is certified or eligible for certification pursuant to 6 VAC 20-171-70. For more information, view the Compliance Agent page.
  8. Designate on the license application the type of private security business license you are seeking. The initial business license fee includes one category. A separate fee will be charged for each additional category. The separate categories are identified as follows: Security Officers/Couriers (Armed and Unarmed); Private Investigators; Electronic Security; Armored Car; Personal Protection Specialists; Security Canine Handlers; and Locksmith. Alarm Respondents crossover into both the Security Officer and Electronic Security categories, therefore if you are licensed in either of these categories, you can provide these services without purchasing and additional category.
Required Forms
 
Any company who is already licensed with the department and wishes to add categories to the current license must complete the requirements for an Additional License Category. For more information, view the Additional License Category application (PSS_LC).
 
 
Fingerprint Processing Requirements:
 
 
Fingerprints must be submitted by anyone wishing to receive a credential for any program regulated by the Private Security Services Section at DCJS.
 
The Criminal Justice Services Board, through DCJS, is obligated to secure the public safety and welfare against incompetent, unqualified, unscrupulous, or unfit persons engaging in the activities of private security services. An individual with a criminal history involving a conviction of a felony or certain misdemeanors may be denied licensure, registration or certification. Any person convicted of a misdemeanor involving moral turpitude (lying, stealing, cheating); assault and battery; damage to real or personal property; controlled substances (drugs) or imitation controlled substances; prohibited sexual behavior; or firearms offenses or any felony may have their application denied. 
 

IMPORTANT NOTE: Please be aware that some of the requirements will affect the time frame necessary for you to obtain a license. Each principle (owner, officer, director) and supervisor of the business as well as each individual applying for registration will be required to submit fingerprints to the department for a state and national criminal history check. To avoid any delays we are accepting fingerprint applications at this time. We recommend that you submit your fingerprint card and application as soon as possible for processing.

The requirements can be found in 6 VAC 20-171-30 of the Regulations.
Submit to the Department
  1. Fingerprint processing application (PSS_FP) and applicable non-refundable fee.
  2. Fingerprint card: use the card provided by DCJS.
Important Information
  1. Individuals submitting any additional applications, who have not submitted fingerprints to DCJS within the past ninety (90) days, must submit fingerprints and fees again.
  2. Any individual who has ever been convicted or found guilty of a felony or misdemeanor (not to include minor traffic violations) in Virginia or any other jurisdiction to include military court martial or currently under protective orders must submit a Criminal History Supplemental Form. For more information, view the Criminal History page.
Forms
 
NOTE: If you have already submitted a fingerprint as an owner, compliance agent or registrant within the last 90 days, you will not be required to re-submit.
 
 
 
 
Compliance Agent Requirements:
 
 
 
At least one certified compliance agent is required to be employed by a licensed private security services business to assure the compliance of the private security services business and its personnel with the Code of Virginia and the state regulations relating to private security services. A business license will not be issued unless this requirement has been met.
 
The requirements can be found in 6 VAC 20-171-70 of the Regulations. Certifications are issued for 24 months.
Eligibility Requirements
  1. Be a minimum of 18 years of age.
  2. One (1) of the following:
    • Three years (3) of managerial or supervisory experience in a private security services business, a federal, state, or local law enforcement agency, or in a related field. (This now includes locksmith experience as private security experience).
    • Five years (5) experience in a private security services business, with a federal, state, or local law enforcement agency, or in a related field.
  3. Be a United States citizen or legal resident alien of the United States.
Training Requirements
6 Hours plus exam, Consisting of:
Submit to the Department
  1. Initial compliance agent certification and entry-level training enrollment application (PSS_CA) and applicable non-refundable fee;
  2. Fingerprint card, fingerprint processing application (PSS_FP) and applicable non-refundable fee. For more information, view the Fingerprints page.
  3. Official documentation verifying eligibility. For more information, view the Official Documentation page.
Important Information
  1. Following review of all application requirements, the department shall assign the applicant to an entry-level compliance agent training session.
  2. Following the 6-hour training, the applicant must achieve a minimum passing score of 80% on the compliance agent examination.
  3. If you do not successfully complete the final exam the first time, you may take it a second time at our office in Richmond at no extra cost. However, if you fail the retest, you will need to complete all initial training requirements to include application, fee and entry-level training before testing again.
Before a certification will be issued, individuals must complete all required training.
Required Form
 
 
Registration Requirements:
 
 
Individuals required to be registered, pursuant to §9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, private investigator, personal protection specialist, locksmith, alarm respondent, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement. If carrying a handgun concealed, the individual must also have a valid concealed handgun permit and the written permission of his employer pursuant to §18.2-308 of the Code of Virginia.
 
 

IMPORTANT NOTE: Each registrant is required to provide an approved picture to the Department for their photo ID registration card. To meet this requirement you may either visit one of the Private Security Services Training Schools or the Department of Criminal Justice Services. A list of schools that provide this service is listed at: Photo ID Schools

 
Eligibility Requirements
  1. Be a minimum of 18 years of age.
  2. Successfully complete all initial training requirements for each registration category, including firearms endorsement if applicable, requested pursuant to the compulsory minimum training standards in 6VAC20-171-360 with the exception of locksmiths who meet the statutory requirements for waiver as set forth in §9.1-140.1 (Please review training options below).
Each person seeking or required to seek registration as a locksmith may be employed for a period not to exceed 90 consecutive days in any categories listed above while completing the compulsory minimum training standards, provided:
  • Fingerprint cards have been submitted pursuant to 6VAC20-171-30;
  • The individual is not employed in excess of 120 days without having been issued a registration from the department
  1. Be a United States citizen or legal resident alien of the United States.
Training Requirements
18 Hours, Consisting of:
Submit to the Department
  1. Initial registration application (PSS_RA) and applicable non-refundable fee;
  2. Fingerprint card, fingerprint processing application (PSS_FP) and applicable non-refundable fee. For more information, view the Fingerprints page.
Additional Applications
  1. For those who will have access to a firearm, they must complete the requirements for a Firearms Endorsement. For more information, view the Firearms Endorsement page.
  2. Any individual who is already registered with the department and wishes to add categories to his/her current registration must complete the requirements for an Additional Registration Category. For more information, view the Additional Registration Category page.
  3. Any individual who has ever been convicted or found guilty of a felony or misdemeanor (not to include minor traffic violations) in Virginia or any other jurisdiction to include military court martial or currently under protective orders must submit a Criminal History Supplemental Form. For more information, view the Criminal History page.
  4. Certain training exemptions may be granted for required training courses. For more information, view the Training Exemptions page.
 
 
 
Training Options:
 
In order to meet the training requirements for a registration as a locksmith an individual must meet one of the following:
 
  1. Submit documentation of having been actively and continuously providing locksmith services immediately prior to July 1, 2008, for at least two years. A supplement application to verify experience is available on the website.
 
2. Certain partial training exemptions may be granted for required training courses. For more information, view the Training Exemptions page
 
3. Complete the locksmith entry-level training course at a certified training school. Schools certified to provide this training will be posted on the website once approved.
 

 
It is imperative that you read the Code sections and Regulations that relate to your industry in their entirety. We realize that the newly enacted legislation requiring the regulation of the locksmith industry is a significant change for many. Our office will be posting additional information on this new legislation on our website to help keep you informed.
 
We look forward to helping guide you through understanding this new environment. Staff are available should you require any assistance, or additional information, please contact the Private Security Services Office at 804-786-4700 or view the website for contact information. 

 

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