Tag: Denver

Concealed Carry

Understanding Objectivity and Subjectivity in Security Guard Investigations

Mark Schneider

When investigating crimes, incidents, or accidents, security guards must distinguish between objectivity and subjectivity. Understanding these concepts is crucial, especially within the framework of Colorado laws and statutes, to ensure that actions taken are lawful and appropriate.

Defining Objectivity and Subjectivity

Objectivity refers to the practice of making decisions based on observable and verifiable facts, devoid of personal feelings, interpretations, or prejudice. An objective approach relies on clear evidence and facts that can be independently verified.

Subjectivity, on the other hand, involves personal feelings, opinions, and biases. Decisions made subjectively are influenced by an individual’s personal perspectives and emotions, which can vary widely from person to person.

Differences Between Objectivity and Subjectivity

  • Basis: Objectivity is grounded in facts and evidence, while subjectivity is based on personal feelings and opinions.
  • Consistency: Objective assessments are consistent and replicable by others, whereas subjective assessments can vary significantly between individuals.
  • Reliability: Objectivity provides a reliable basis for decision-making, ensuring fairness and impartiality. Subjectivity can lead to biased or unfair decisions.

Legal Framework for Security Guards in Colorado

In Colorado, several statutes govern the actions of security guards when investigating and detaining individuals. Key statutes include:

Colorado Revised Statutes 18-1-707

Use of Physical Force in Making an Arrest or in Preventing an Escape

Colorado Revised Statutes 18-1-707 outlines the conditions under which physical force may be used in making an arrest or preventing an escape. For security guards, this statute is crucial as it delineates the circumstances and limitations for using force:

  • Authorization to Use Force: Security guards can use the minimum and necessary amount physical force when they reasonably believe it is necessary to make an arrest or prevent an escape from custody.
  • Reasonable Force: The force used must be reasonable and proportionate to the situation. Excessive force is prohibited.
  • Deadly Force: Deadly force can only be used if the security guard reasonably believes it is necessary to protect themselves or others from imminent danger of death or serious bodily injury.

Colorado Revised Statutes 18-4-407

Detention of Suspected Shoplifters

Colorado Revised Statutes 18-4-407 provides guidelines for the detention of individuals suspected of shoplifting:

  • Reasonable Grounds: Security guards must have reasonable grounds to believe that a person has committed or is committing theft within the premises.
  • Detention: The suspected shoplifter can be detained in a reasonable manner and for a reasonable length of time to investigate the suspected theft.
  • Investigation: During the detention, security guards may conduct an investigation, including requesting the individual to identify themselves and verify ownership of the property in question.
  • Notification of Law Enforcement: After detaining the suspected shoplifter, security guards should promptly notify law enforcement authorities to handle the situation further.

Colorado Revised Statutes 16-3-201

Arrest by a Private Person

Colorado Revised Statutes 16-3-201 details the conditions under which a private person, including a security guard, can make an arrest:

  • Commission of a Crime: A security guard can arrest a person if a crime has been committed in their presence. The crime must be witnessed directly, and the security guard must have firsthand knowledge of it.
  • Immediate Pursuit: If a crime has been committed and the suspect is attempting to escape, a security guard may pursue and detain the individual immediately. Note that this must follow the companies policies, post orders, detainment and use of force policy.
  • Use of Force: The statute allows for the use of reasonable force to make the arrest, similar to the provisions under 18-1-707.

Probable Cause and Physical Witnessing

Under statutes 18-1-707 and 16-3-201, security guards must have probable cause and physically witness a crime to detain a person. Probable cause requires a reasonable belief, based on objective facts, that a person has committed a crime. This contrasts with reasonable suspicion, which is a lower standard used by only police officers that allows for temporary detention and investigation.

The Role of Objectivity in Detaining Individuals

When detaining individuals under the relevant Colorado statutes, security guards must base their actions strictly on objective evidence. Here are key points to ensure objectivity:

  1. Direct Observation: Detainment must be based on directly witnessing a crime or incident. Hearsay or indirect evidence is insufficient.
  2. Clear Evidence: Collect and document clear evidence that supports the decision to detain, such as video footage, witness statements, and physical evidence.
  3. Avoid Personal Bias: Ensure that personal feelings, prejudices, or assumptions do not influence the decision to detain. Focus solely on the facts.
  4. Consistent Application: Apply the same standards and procedures to all individuals to ensure fairness and impartiality.

Examples of Objectivity in Action

Example 1: Suspected Shoplifting

A security guard at a retail store observes a customer acting suspiciously. The guard notices the customer taking several items off the shelves and placing them in a large bag. The customer then bypasses the checkout counters and heads towards the exit.

  • Direct Observation: The security guard directly witnesses the customer placing items into the bag and attempting to leave without paying.
  • Clear Evidence: The guard has clear evidence, such as video footage from the store’s surveillance system, showing the customer’s actions.
  • Detainment: Based on the objective evidence, the guard detains the customer in a reasonable manner as per CRS 18-4-407.
  • Investigation: The guard asks the customer to identify themselves and verify the ownership of the items. The customer is unable to provide a receipt or proof of purchase.
  • Notification of Law Enforcement: The guard promptly notifies the police, who arrive to take over the situation.

This scenario demonstrates the guard’s objective approach, relying on direct observation and clear evidence, ensuring the detention is lawful and appropriate.

Example 2: Trespassing Incident

A security guard at a private property recognizes an individual who had previously been issued a trespass notice by the police for the same location. The guard has a record of the trespass notice and a photo of the individual.

  • Direct Observation: The security guard directly observes the individual entering the property, which they have been legally prohibited from accessing.
  • Clear Evidence: The guard has documented evidence, including the trespass notice issued by the police and a photograph of the individual.
  • Detainment: Based on CRS 16-3-201, the guard detains the individual, ensuring the use of reasonable force as necessary.
  • Notification of Law Enforcement: The guard immediately contacts the police to report the trespassing and request their assistance.

In this example, the security guard’s actions are guided by objective evidence – the documented trespass notice and direct observation of the individual violating it. This ensures the detainment is lawful and justified.

Conclusion

For security guards in Colorado, understanding and distinguishing between objectivity and subjectivity is essential when investigating crimes, incidents, or accidents. By adhering to objective standards and ensuring actions are supported by clear and verifiable evidence, security guards can lawfully and effectively carry out their duties under statutes 18-1-707, 18-4-407, and 16-3-201. In addition to following legal requirements, security guards must also adhere to their company’s policies, post orders, use of force policies, and detainment policies to avoid any professional repercussions or termination. This comprehensive approach not only ensures compliance with the law but also upholds the principles of fairness and justice in their work.

Concealed Carry

How to Become a Licensed Security Guard in Denver: A Complete Guide

Mark Schneider

An Guide For Requirements To Become A Licensed Security Guard In Denver

Embarking on a career as a security guard in Denver is a process that demands meticulous attention to both legal and practical requirements. The city’s unique regulations necessitate a thorough preparation strategy, ensuring prospective security guards are well-equipped to uphold public safety with professionalism and competence. This enhanced guide delves deeper into the step-by-step process, offering additional clarity and details to assist you in navigating the pathway to becoming a licensed security guard in Denver.

Comprehensive Guide to Becoming a Licensed Security Guard in Denver

Step 1: Familiarize Yourself with Legal Requirements

  • Begin by thoroughly understanding the specific legal framework governing security guards in Denver, as stipulated in Denver’s Municipal Code, Article V. This includes the licensing prerequisites set forth by Ordinance No. 1177-17, effective since June 1, 2018, which mandates licensure for anyone aspiring to work as a security guard within the city. Applicants must be at least 18 years old to apply.

Step 2: Obtain a Letter of Hire

  • A critical initial step is securing a letter of hire from a Denver-licensed private security employer. This letter is a prerequisite for the licensing process, evidencing your prospective employment and the employer’s intention to hire you upon successful license acquisition.

Step 3: Mandatory Security Guard Training

  • Enroll in our comprehensive security guard training program that covers at least 16 hours of instruction. Our program should be completed within 60 days before submitting your license application. The curriculum encompasses the fundamentals of security work such as duties, effective communication, interaction with law enforcement, and the principles of use of force among other vital skills.

Step 4: Undergo a Background Check

  • A pivotal requirement is the submission to a national criminal history records check conducted by the FBI, which remains valid for 60 days. This background check is an essential step, ensuring that candidates meet the high standards required for public safety roles. The check can be completed at any authorized Colorado Fingerprinting location.

Step 5: Obtain a Work Clearance Physical

  • Secure a work clearance physical from a licensed physician, registered nurse, or physician assistant. This must be done within 60 days of applying for your license and serves to confirm that you are physically and mentally fit to perform the duties of a security guard without compromising any person’s health, welfare, or safety.

Step 6: Firearms Endorsement (If Required)

  • For positions requiring the carrying of a firearm, you must obtain a special endorsement. This involves additional training and proficiency demonstration in firearms use, with a minimum requirement of 5 hours of classroom instruction and 3 hours of range time. Applicants must be 21 or older for this endorsement and achieve at least an 80% score on the firearm qualification test.

Step 7: Prepare Required Documentation and Photo

  • Assemble all necessary documentation, including a detailed work history and background affidavit, along with a firearms endorsement request if applicable. A clear headshot photo is required for identification purposes, alongside a valid form of ID. These documents are crucial for the application process and must be meticulously prepared.

Step 8: Submit Your License Application

  • With all prerequisites met and documentation prepared, proceed to submit your security guard license application through the Denver Department of Excise and Licenses. The application must be comprehensive, including the letter of hire, all required paperwork, and a $50.00 licensing fee. The processing time ranges from 5 to 30 business days, after which your security license will be emailed, and your badge mailed to you.

Step 9: Uniforms and Badges Compliance

  • Ensure compliance with Denver’s regulations regarding security guard uniforms and badges. These items must be distinct and approved by the Denver Department of Excise and Licenses to prevent confusion with law enforcement personnel. It is mandatory to wear the approved badge and carry the license while on duty.

Step 10: License Maintenance and Renewal

  • Denver mandates annual renewal of the security guard license, which involves an updated CBI background check, verification of ongoing employment through a letter of hire and a letter of firearm endorsement request. Renewal also requires an 8-hour security guard course and, for those with a firearms endorsement, annual firearms training and qualification. The renewal fee is $25.00.

Achieving and maintaining licensure as a security guard in Denver is a detailed but rewarding process. It not only ensures that all security personnel meet the city’s high standards of training and integrity but also prepares you for a vital role in community safety and protection. Our organization is dedicated to supporting prospective security guards through every phase of training and certification. For those seeking the mandatory 16-hour class or specialized firearms training, our certified trainers are equipped to provide the necessary knowledge and skills.

By following these detailed steps and meeting all of Denver’s specific requirements, you will be well on your way to a fulfilling career as a licensed security guard, contributing significantly to the safety and security of the public.

For those in need of the mandatory 16-hour class or specialized firearms training, please contact Mark at 720-924-6654 or via email at cccdinstructor@gmail.com. Our training programs are designed to fully prepare you for your responsibilities as a licensed security guard in Denver, ensuring you contribute effectively to public safety and security.

Useful Links:

Required Documents:

sg_letter_of_hireDownload
certificate_of_physical_and_mental_fitnessDownload
affidavit_of_criminal_and_employment_historyDownload
letter_of_firearm_endorsement_requestDownload
firearm_training_certificationDownload
letter_of_plainclothes_endorsement_requestDownload
Concealed Carry

Does Colorado Have A Firearm Magazine Capacity Limit?

Mark Schneider

Understanding Colorado’s Magazine Capacity Limit: An Overview of CRS 18-12-302

Colorado law restricts magazine capacity under Colorado Revised Statute § 18-12-302. This law, which took effect on July 1, 2013, makes it a criminal offense to possess, sell, or transfer any magazine that holds more than 15 rounds—unless specific exceptions apply.

What Is Colorado’s Magazine Capacity Limit?

  • A “large-capacity magazine” (LCM) is any detachable magazine that holds more than 15 rounds.
  • A round in the chamber does not count toward that 15-round limit.
  • Possession of a prohibited magazine is a Class 2 misdemeanor.
  • If the magazine is used during a felony or violent crime, the charge increases to a Class 6 felony.

Exceptions to the Law

1. Grandfathered Magazines

Magazines that were owned prior to July 1, 2013 and have been kept in continuous possession are exempt from the law.

2. Burden of Proof

If charged, and you claim the magazine was grandfathered, the burden is on the prosecution to prove otherwise.

3. Exempt Individuals and Entities

The following are not subject to the law:

  • Colorado-based manufacturers transferring LCMs to the military, law enforcement, or out-of-state recipients.
  • Employees of licensed gun dealers acting in the scope of their duties.
  • Members of the armed forces or government agencies who use LCMs as part of official duties.
  • Anyone lawfully transporting magazines out of state for licensed manufacturers.

Real-World Examples

Example 1: Illegal Possession

In 2024, John Doe buys a 30-round magazine online and uses it at a range in Colorado. A fellow shooter reports him. John is investigated, and it’s confirmed the magazine was acquired after July 1, 2013. He is charged with a Class 2 misdemeanor.

Jane Smith owns a 30-round magazine passed down from her father, who bought it in 2010. She’s had it continuously since 2012. During a check by a wildlife officer, Jane explains the history and has proof of legal possession. She is not in violation of CRS 18-12-302.

Why Are High-Capacity Magazines Still Sold?

Some Colorado gun stores sell magazine parts kits legally. These kits are intended for repairing existing magazines, not assembling new ones.

If you assemble a new high-capacity magazine from parts, and it holds more than 15 rounds and wasn’t owned before the 2013 cutoff, that’s a violation of CRS 18-12-302. The law targets complete, functional magazines—not individual parts—but intent and end use matter.

Moving to Colorado With High-Capacity Magazines

CRS 18-12-302 is silent on whether people moving into Colorado can legally bring high-capacity magazines they owned in other states. This legal gray area leaves many newcomers uncertain. If you’re relocating with LCMs, it’s strongly advised you seek legal guidance before bringing them into the state.

Upcoming Legislation – Effective August 1, 2026

In 2025, Colorado passed a new law that will expand restrictions on semiautomatic firearms and magazines, effective August 1, 2026. Under this law:

  • Certain semiautomatic rifles with detachable magazines—including AR-15 and AK-pattern rifles—will be banned from sale in Colorado.
  • Buyers must pass a background check and complete a state-approved firearm safety course for applicable firearm purchases.
  • All new semiautomatic firearms sold must have fixed magazines with a maximum capacity of 15 rounds.

This legislation significantly expands Colorado’s regulation of firearms and adds new challenges for lawful gun owners. As always, firearm owners are encouraged to stay informed, trained, and legally prepared.

Final Thoughts

Colorado’s magazine limit law is just one part of a broader legislative framework that impacts responsible gun owners. CRS 18-12-302 imposes real restrictions, but it also includes important exceptions like grandfathered magazines and protections for manufacturers, military, and lawful dealers.

If you own firearms in Colorado, it’s your responsibility to stay compliant while defending your rights. Education, preparation, and proactive steps are essential—not only to avoid legal issues but to stand strong as a Second Amendment supporter.

Take the Next Step in Protecting Yourself

If you live in Colorado and want to stay on the right side of the law while exercising your Second Amendment rights:

👉 Sign up for a CCW class today, Colorado Firearms Safety Course or learn more about self-defense insurance options.

Have questions? Call us at 720-924-6654 or email cccdinstructor@gmail.com — we’re here to help.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding specific legal questions or concerns.