SHERIFFS, CONSTABLES, AND POLICE OFFICERS
PRIVATE INVESTIGATORS, SECURITY GUARDS, AND BAIL RECOVERY AGENTS
I. Any licensee who is not licensed for firearms proficiency under RSA 106-F:8 shall not openly carry or display any weapon, nor publish or advertise in any way that he or she is carrying a weapon for personal protection. This prohibition shall not be construed to prohibit a person otherwise qualified from carrying a concealed weapon.
II. No trade name or designation shall be used which implies any association with any municipal, county, state, or federal government or agency thereof. No licensee shall use a badge of any kind for identification purposes, except a security guard, who, if he or she wears any type of badge, shall wear one badge on the left breast of his or her uniform and one on his or her cap while on duty as a security guard. The word "police" shall not be used in any way, on any seal, card, badge, or advertisement by the licensee.
III. No person shall:
(a) Provide any service requiring licensure under this chapter who is not licensed under this chapter.
(b) Falsely represent that a person holds a valid license issued under this chapter.
(c) Possess a license or identification card issued to another person under this chapter.
(d) Engage in advertising or the use of any seal or card which, in the opinion of the commissioner, may tend to mislead the public.
IV. No person who is a sworn law enforcement officer employed by the state of New Hampshire, any of its political subdivisions, any other state or its political subdivisions, or the federal government, shall be issued or hold a private investigator license or agency license under this chapter.
V. Except as permitted under RSA 173-B:5-a and RSA 633:3-a, III-d, no licensee or license holder shall engage in activity or stand in the stead or as agent or representative of a person or legal entity that is judicially or statutorily prohibited from making inquiry or having contact, or otherwise legally barred from the activity requested of or performed by the licensee or license holder. A representation made by the engaging person or legal entity, taken in good faith, that no such prohibition exists shall be an affirmative defense regarding a violation of this section. A licensee who becomes aware of a prohibition shall immediately desist from further prohibited activity; shall not provide information gained through the prohibited activity to another person; and, if such information has been provided, shall have a duty to notify any aggrieved person.
Source. 2019, 324:1, eff. July 1, 2019.