Private security guards to be allowed guns in proposed law

Private security guards assigned to high-risk tasks and critical infrastructure will be armed if a Bill to amend the law is enacted.

The move is expected to free over 10,000 who are currently seconded to guard State installations, over stretching their numbers, and allow them concentrate on their core mandate of safeguarding lives and property and address other broader national security objectives.

The Private Security Regulatory Authority (PSRA) has drafted the Private Security Regulation (Amendment) Bill 2024 - which seeks to ensure amendment to the Regulations Act to allow private security guards to be armed.

Once the proposal is approved, the law will authorise the controlled issuance, ownership, and operational use of firearms by select private security officers.

According to the Interior Cabinet Secretary, incorporating armed security guards into the national security infrastructure fosters a more cohesive and integrated approach to security.

“Private security firms can serve as force multipliers, augmenting the efforts of national security organs in safeguarding critical infrastructure, public events, and sensitive establishments at no additional cost to the government,” the ministry said.

PSRA is a government agency and is charged with the responsibility of regulating the private security industry in accordance with the Act and the values and principles set out in the Constitution.

Stringent supervision

PSRA Chief Executive Officer Fazul Mohamed said arming of private guards will be implemented under stringent regulatory supervision, ensuring adherence to established safety protocols for handling firearms and related operational use of firearms.

“Pursuant to Section 45 of the Act, there is a statutory obligation for licensed entities within the private security sector to collaborate with National Security Organs to uphold public order and safety,” Fazul wrote.

Fazul further said high-risk assignments include public spaces characterised by high human traffic, shopping malls, cash in transit, maritime security, critical infrastructure, government institutions and institutions identified with elevated vulnerabilities and security risks.

Criminal threats

In the routine performance of their duties, private security personnel frequently form the initial barrier against criminal threats, including acts of terrorism and armed aggression.

“The absence of defensive capabilities and security equipment significantly compromises their ability to safeguard themselves and the public effectively.”

“This limitation not only endangers their safety but also impedes their capacity to execute their responsibilities comprehensively of protecting lives and property. In the recent past a number of security guards have been killed while on duty by armed criminals,” he added.

The PSRA boss said the enactment of the Bill will not occasion additional expenditure of public funds.

“To the contrary, it will facilitate on-boarding of private security officers into the national security infrastructure at zero cost to the government,” he said.

According to a proposed Cabinet memo, the amendment shall facilitate the issuance, possession and use of firearms by security guards under strict regulatory oversight and compliance with established safety protocols.

He said that currently, more than 10,000 police officers are engaged in providing security services that are defined as private security services, thus do not align with the fundamental core duties of the National Police Service.

“This proposed legislative amendment aims to equip private security personnel, thereby reallocating police resources to address broader national security objectives. Consequently, this will liberate in excess of 10,000 police officers, allowing them to concentrate on their core mandate of safeguarding lives and property,” Fazul said.

A comparative analysis of jurisdictions that allow security guards to be armed, according to PSRA, offers valuable insights into the efficacy and consequences of such policies. Countries like the United States of America and South Africa have embraced the practice of arming security guards to offer services in high-risk sectors such as banks and government facilities.