What is legal? Who is liable? Who is qualified?

Recently I was asked to contribute to a series of articles about Guns in churches by our friend Brian Gallagher of “SecurityatChurch.com”. Due to travel and time restrictions we were unable to respond, but we read all the responses from others.

I think good points were made about the necessity of a security program and the need to have, what we call, “Intervention Capable” reactors/responders as part of a Security Team.

From our contacts within thousands of churches we have seen the entire gambit of inventive solutions that churches have come up with. Some mega-churches hire dozens of active local police officers to be present during services, both uniformed and plain clothes. Some rely on off duty law enforcement congregation members. Some rely on volunteer civilian “Concealed Carry” individuals.

The main areas of concern are,

1. First – what is legal in your state?
2. Second – who’s liable if something goes wrong, as in a shooting of innocent bystanders?
3. Third – what should be the measure of who is qualified to be in this “Intervention Capable” (pronounced “Armed”) role?

What is legal?

As pointed out in the various responses to Brian’s request for opinions, each state may have different laws that dictate the legality of arming a Security team. Texas requires a private security license while Colorado requires only a Concealed Handgun permit.

Who is Liable?

The first thing we think of when approaching this issue is “Insurance”. When active law enforcement or private security shoots someone, intentional or not, the majority of the liability will rest first on the local municipal government or the private security company’s insurance. With any other individual the liability will rest on the individual and the church that authorized the security team.

Numerous insurance companies have dedicated entire web sites and resources to Church Security and Safety issues. Understand that it is not in the interest of these insurers to promote “armed civilian security teams” as these increases the risk that they might have to pay a claim against the church.

However, as much as they might resist, numerous insurers are “insuring” these civilian concealed carry permit teams as a part of their coverage.

Who’s qualified?

In the resources provided by the insurance companies there are only vague references to “Training”, but no clear path to what is “adequate” for training.

The typical course of police training in Texas consists of 576 hours of training in subjects ranging from fitness to firearms. The typical course of private security training in Texas consists of 60 hours of training. The typical Conceal Handgun Permit requires only 8 hours of training. Some states don’t even require the individual to fire a handgun.

Several years ago we saw the need for some type of training that would serve as a standard for church security teams that was both legal and acceptable to insurance companies. After working with one particular insurance company for two years and investing thousands in research and development we were left high and dry by the company’s management and threatened with lawsuits. That is when we retreated to our present platform which meets the Texas state private security requirements and abandoned any hope of working with any insurance company to promote a national standard.

Conclusion /Opinion –

Because of the challenges involved with developing a recognized national standard of “qualifications” we do not believe there is an easy answer for churches who want clear path to an acceptable program of qualifications and training needed for armed church security teams.

All of our efforts have gone into adhering to each state’s requirements for professional security licensing of individuals to perform armed commercial security work for churches. This way we are leaving the training and certification standards to the state and not someone’s opinion.

Chuck Chadwick founded the National Organization for Church Security and Safety Management (NOCSSM) www.nocssm.org in 2002. He is also president of Gatekeepers Security Services (GSS) www.gatekeeperssecurity.com and the Christian Security Institute (CSI) www.christiansi.org . GSS being a state licensed security services company and CSI a state licensed security training school.

Are Hired Guns Legal in Texas?

By Carlos Peniche | LAM, LYN & PHILLIPS, P.C.

713-981-0900 * [email protected]

I WAS RECENTLY ASKED IF IT’S “LEGAL” for a private family to have direct employees who are retired police officers who have concealed handgun permits.

It’s a fairly interesting question. One issue is whether such persons are covered under the Texas Private Security Act (PSA) codified under §1702 Texas Occupations Code. Another statute coming into play is §46.02 Texas Penal Code (unlawful carrying weapons).

Under Chapter 411 Subchapter H of the Texas Government Code, qualified residents of Texas may acquire a concealed handgun permit. One provision of that statute allows certain qualified retired peace officers to have such permits. Of course what is really at play here is whether these retired peace officers are in fact serving as armed security officers (commissioned security officer, CSO) and/or personal protection officers (PPO) under the PSA.

Certainly if the retired officers go off the family’s premises to escort an individual family member, that sounds like a PPO. The family and officer could argue that the officer is a “personal assistant” who happens to have a concealed handgun permit. They could assert that the employer (the family) has given its consent to the employee (the officer) to carry his firearm while on duty.

UNDER §1702.202 PSA, AN INDIVIDUAL ACTS AS A PERSONAL PROTECTION OFFICER IF THE INDIVIDUAL, WHILE CARRYING A FIREARM, PROVIDES TO ANOTHER INDIVIDUAL PERSONAL PROTECTION FROM BODILY HARM.

The family might argue that if the personal assistant drives family members to locations and assists with purchases, takes notes and provides other “personal services,” then the officer is not a PPO, he is a personal assistant who happens to have a concealed handgun permit.

As I see it, it comes down to whether the officer is required by his employer (the family) to carry his firearm. If so, then the officer is clearly acting as a CSO and, especially outside of the residence, is probably acting as a PPO too, both governed under the PSA.

Under §1702.201 a PPO must hold a PPO endorsement issued by the Private Security Bureau (PSB). Under §1702.204 a PPO must complete the basic security course as well as be a CSO.
§1702.221 requires all persons regulated under the PSA to be registered with the PSB and to hold any required endorsements. Under §1702.221(a) (3) individuals are required to be employed by a company licensed under the PSA.

It is true that §1702.323 (a) says that an individual employed in an employer-employee relationship exclusively and regularly by one employer in connection with the affairs of the employer is not covered by the PSA, HOWEVER §1702.323 (B) HAS ONE MAJOR EXCEPTION: AN INDIVIDUAL WHO CARRIES A FIREARM IN THE COURSE OF HIS EMPLOYMENT MUST OBTAIN A PRIVATE SECURITY OFFICER COMMISSION UNDER THE PSA.

Of course, the concealed handgun statute grants permission to carry a concealed handgun in many locations where it is otherwise unlawful to be armed. However, under §46.02 Texas Penal Code it is not illegal to bear arms on your own premises or premises “under the person’s control.” Thus, a convenience store clerk (here, an employee, not the owner) can possess a fire arm at that place of business. That does not make him a security guard. When he is alone at the store, the store is under his control and that makes it lawful for him to be armed and not registered under the PSA. MS
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Carlos Peniche is a 31-year, double board certified (Personal Injury Trial Law and Civil Trial Law, Texas Board of Legal Specialization) litigation attorney who has represented security guard contractors, private investigators, alarm companies and other security professionals in both litigation and transactional matters. He is a partner with Lam, Lyn & Philip, P.C. (Houston Texas) Telephone: 713-981-0900; fax: 713-772-7085; email: [email protected]