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by ELB
Thu Sep 09, 2010 5:03 pm
Forum: General Texas CHL Discussion
Topic: While at Church Last Night...
Replies: 53
Views: 6153

Re: While at Church Last Night...

sjfcontrol wrote:
The Annoyed Man wrote: And having an unarmed security detail (if made up of church members, it would HAVE to be unarmed, since your CHL does not grant you authority to carry as a security person) is not as good as being able to defend yourself in extremis.
I'm curious about this. Would it make a difference that the "security person" was NOT being paid? ...

No, being paid or not would not make a difference -- you generally have to be licensed by the state to provide "security." If you don't call it "security" ... then maybe.

The following is the opinion of the DPS on volunteer church security teams. It is on the DPS website, in their "Private Security Bureau" section, under "Opinions."
http://www.txdps.state.tx.us/psb/psb_opin_sum.htm" onclick="window.open(this.href);return false;
Church Volunteer Security Patrol
May 10, 2007
A volunteer security patrol made up of church members would generally require licensing under the provisions of Section 1702.108 or 1702.222, regardless of whether any compensation is received as a result of the activities. The only exception to licensing provided by the legislature for nonprofit and civic organizations is found in Section 1702.327, which applies specifically to nonprofit and civic organizations that employ peace officers under certain circumstances and would not be applicable here.

However, there is one exception to licensing under Chapter 1702 provided by the legislature that could arguably apply, which can be found in section 1702.323 (“Security Department of Private Business”). This exception would allow volunteers to provide security services exclusively for one church, as long as they do not carry firearms and as long as they do not wear “a uniform with any type of badge commonly associated with security personnel or law enforcement or a patch or apparel with ‘security’ on the patch or apparel.” See TEX. OCC. CODE §1702.323(a) & (d)(2). Thus, the wearing of a uniform or any apparel containing the word “security” would subject them to the licensing requirements of the act.
by ELB
Thu Sep 09, 2010 9:35 am
Forum: General Texas CHL Discussion
Topic: While at Church Last Night...
Replies: 53
Views: 6153

Re: While at Church Last Night...

dicion wrote:
..., how can you 'Prove' you gave someone verbal notice?
Without a recording, witnesses, or some other proof it becomes your word versus theirs. In a court of 'beyond a reasonable doubt' that generally wouldn't stand.
Right. Two different people, onea preacher and one a LEO and at least a church member, told him not to. You might be too young to remember Archie Bunker and a "car load of nuns." The fact that the LEO might not be in the official church hierarchy (and who knows, maybe he is), the LEO relayed the preacher's intention to him. This would not go down well for the OP with an arresting officer or court.


Having said that, the preacher is a fool, and the LEO is a bigger fool. MIght be time to find a new church.

It is also a good idea to shake down all your gear before using it for serious purposes. ;-) Carrying all by itself is serious business, even if there is no shooting involved.

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