5N-1.131. Approval of Other Firearms

(1) In addition to firearms authorized pursuant to Section 493.6115(6), F.S., the department approves the following weapons for use by Class “G” licensed employees of security and private investigative agencies, when performing Chapter 493, F.S., regulated duties under the conditions identified below. A Class “G” licensee is only authorized to carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in Section 493.6105(5) or 493.6113(3)(b), F.S.

(a) Use of 12-gauge pump-action shotguns or semi-automatic rifles as a secondary weapon, to carry or to remain in a vehicle, when the agency is engaged in:

1. Fulfillment of contractual obligations to guard United States, state, or local government facilities where the government contract specifically requires use of these weapons.

2. Fulfillment of contractual obligations to guard critical infrastructure facilities as defined in Section 493.631, F.S., where the contract specifically requires use of these weapons.

(b) Use of 12-gauge pump-action shotguns as a secondary weapon, where the shotgun remains in a vehicle for use only if needed, when the agency is engaged in:

1. Armored car services or agencies that replenish automated teller machines.

2. Courier services involving the transport of large amounts of currency and/or valuables.

3. Guarding and/or transporting prisoners.

4. Close protection bodyguard services.

(c) Use of automatic or select-fire firearms when the licensed security or private investigative agency provides services directly to the United States government, and the government contract specifically requires use of these weapons.

(2) Ammunition Guidelines and Restrictions.

(a) Ammunition for semi-automatic rifles shall be of .223/5.56 mm or of a statutorily compliant pistol caliber as described in Section 493.6115(6), F.S.

(b) Ammunition for the 12-gauge pump-action shotgun shall consist of .00 buckshot only. The use of slug-type ammunition is prohibited.

(c) All ammunition must be otherwise compliant with Rule 5N-1.129, F.A.C.

(d) Agency employees who carry firearms approved under this rule are prohibited from using less-lethal ammunition. For purposes of this rule, the term “less-lethal ammunition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body.

(3) An agency employee holding a Temporary Class “G” Statewide Firearms License is prohibited from using the weapons specified herein, and are only authorized to utilize the weapons specified in Section 493.6115(6), F.S.

(4)(a) Firearms waivers previously issued by the Division, authorizing the use of firearms by agency employees with Class “G” licenses in circumstances and conditions where the use of such weapons are prohibited by this rule, shall remain valid until such time as the contractual obligations requiring the use of such weapons cease to exist.

(b) During the pendency of the agency’s contractual obligation referenced above, the agency shall on a quarterly basis, provide the Division with a list of all Class “G” licensed employees currently assigned to perform security services for the contract in question. Each quarter’s list shall indicate which Class “G” employees, if any, have been newly assigned to, or removed from, providing security services under the agency’s contract.

(c) Each such agency shall notify the Division within 15 days of cessation of the contractual obligation referenced above. All future use of 12-gauge pump-action shotguns or semi-automatic rifles shall be in accordance with this rule.

Rulemaking Authority 493.6103 FS. Law Implemented 493.6115(6) FS. History–New 12-11-16.