Armed transport considerations
It has been nine months now since I have made the decision to expand my business from Executive Protection (KC Protective Services LLC) to facility security and transport (KC Cann Transport LLC). This journey has been unique to anything I have experienced within my lifetime. I have learned many things along the way, and I have educated many people on laws, security procedures and tactics just as much, if not more, than before. I have made many new friends and built more business relationships in the past nine months than I have in my entire 25-year military and law enforcement careers. DHSS continues to move forward tweaking its rules and regulations as necessary to ensure the industry is operating in the safest and most fair and efficient way possible. This also means they are holding each licensed facility accountable for their actions or lack thereof.
Over the past several months, transportation companies comprised of a wide range of military veterans, law enforcement veterans, private security trained and experienced personnel and individuals and companies with transportation experience have developed their business models and begun building their standard operating procedures (SOPs). I have built a strong business relationship with many of these companies that some may say are my “competitors.” Yes, in some ways they are, but in others, they are “partners.” Many of us transport facility license holders are like-minded. Many of us have the same or similar goals, objectives, and backgrounds. We want to ensure the industry stays safe and operates with the highest standards. Hiring companies without the appropriate training and experience could open the door for disaster for this newly legalized industry.
In order to keep owners, management, employees, and assets of the industry safe from the almost guaranteed theft, burglary and robberies that are sure to come with this high revenue, high-value industry, the personnel protecting these employees, facilities, and assets must have the tools they need to mitigate any ill intentions. Many discussions have developed regarding the possession/transport of a Schedule 1 narcotic (marijuana, in this case), while armed. This article is not about “guns.” The “gun” or “firearm” is used as a last resort. Think of it as “better to have and not need, than to need and not have.” We’ll leave that discussion for another time. Many are under the impression that the mere possession of marijuana while armed is a class “E” felony in Missouri. At face value, that would be easy to believe for most people. The advantage of having law enforcement or legal background is it opens your eyes to a different perspective. Although no city, state, or federal entity associated to the DHSS medical marijuana program has come right out and “officially” said it “IS” or “IS NOT” illegal to transport/possess MMJ while armed, many of us company owners and operators with law enforcement backgrounds have discussed it many times.
18 U.S. Code §924(c): This federal law makes it a crime to use or to carry a firearm during and in relation to, or possessing a firearm in furtherance of, a “crime of violence” or a “drug trafficking crime.” The penalties are steep. However, thanks to the Strengthening of the 10th Amendment Through Entrusting States (STATES) Act, the federal government entrusted the state of Missouri (and every other state in the U.S.) to make their own decision on the legalization of marijuana in their state. Therefore, if the state has legalized medical marijuana, which Missouri has, and the state has issued the transport company a state-certified license to transport the legalized substance (22 Medical Marijuana transportation companies to date) the issue of having the marijuana while armed within that state is no longer a concern; some would say, “a moot point”. This is assuming the security company is operating within the scope of the law and their license of course. This would not exempt the transport company or facility security company from acquiring any city or county jurisdictional armed security license as required by that jurisdiction. Typically, the process is not much more than, if anything, a weapons qualification course with that jurisdiction (municipal police or county sheriff’s office).
SPECIAL NOTE: These are my opinions and conclusions based on research I have conducted and conversations I have had with local law enforcement entities, County Sheriff’s Departments, and Missouri State Highway Patrol Officers (MSHP). Everyone should do their own homework and consult with their attorneys before deciding what is best for their own business.
This does pose another question; why doesn’t the state design a program that would qualify the transport company/facility security company so that they are qualified/certified to provide these armed services in any jurisdiction within the state of Missouri? As it stands now, the transport/facility security company needs to obtain a specific license for each jurisdiction it operates in, assuming one exists for that city/county. This also means, each protection agent that operates in that jurisdiction will need to go through each jurisdiction’s application process and weapons qualification, if applicable. To clarify, each security officer that meets the definition of an armed security officer/guard in the jurisdiction in which they are operating in as outlined by the responsible agency for that jurisdiction will need to verify the process with that agency. I wish I could say every jurisdiction is the same but instead I will say, do your homework. Contact your local law enforcement for each jurisdiction your facility is in and ensure you obtain the correct training, qualifications, and credentials. No one said the process would be easy. If it were easy, everyone would be doing it, or at least trying.
Schnell is president of KC Cann Tran, a Blue Springs-based security and licensed transportation company.