Church Security: Concealed Weapons and Cowboys

The most common phone call I receive from religious institutions on security issues is how to deal with concealed weapons in a church, synagogue, temple, or mosque (for convenience, I refer to all houses of worship as "churches"). Currently, only two states, Wisconsin and Illinois, and the District of Columbia do not have laws that allow qualifying citizens to obtain a permit ("CCW Permit") to carry a concealed weapon, almost always a handgun. A few states, including Kentucky, Texas, Louisiana, Georgia, and Missouri, do not allow CCW Permit holders to carry ("Carry") a concealed weapon inside a church. In at least one state, Ohio, Carrying inside a church is prohibited, unless the church permits otherwise. In most states, however, CCW Permit holders may Carry in church unless prohibited by the church.

A church is private property, even though it is generally open to the public. Thus, churches have the right to control who is armed in their buildings.

Profile of a Cowboy
When discussing church security, I use the term "Cowboy" to refer to those well-intentioned parishioners who Carry in church without serving on the church's security team. The term does not include off-duty law enforcement officers, but it could include retired officers. Some church leaders across the country openly boast of the Cowboys in their congregation and, implicitly or explicitly, rely on Cowboys to provide security. Others are concerned about the potential liability Cowboys bring. While both raise valid points, every church should make an informed decision on how to deal with Cowboys after considering the practical and legal risks involved.

Practical Risks of Cowboys
In most states, obtaining a CCW Permit requires a minimal level of training. Generally, a person must demonstrate that they can load, unload, and safely handle a handgun. In a few states, but not all, a person must further demonstrate minimal competency with the handgun at a shooting range. No state, however, requires any form of tactical training before issuing a CCW Permit. A CCW Permit does not mean the holder knows how to safely clear a room, provide cover contact, or take out a bad guy in a room full of bystanders. Thus, Cowboys bring the risk of an untrained response which increases the likelihood of injury from tactical mistakes, missed shots, and excessive or unnecessary use of force.

Also, Cowboys are not an integrated part of your church's security team and are not trained on your security plan. They do not know how others in the room, who may also be armed, will respond to any given situation. If an incident occurs, the Cowboy does not know if the other armed people in the room are good guys or bad guys. Likewise, your security team may not realize the Cowboy is not an additional threat. Any good security team will immediately put the Cowboy on the ground and disarm him. The best case scenario is that the Cowboy simply delays your security team's response to the real incident. In the worst case, innocent people may be injured or killed.

Legal Risks of Cowboys
Cowboys may also saddle your church with legal risk. It is possible to inadvertently "deputize" a Cowboy, rendering your church liable for injuries they cause.

In Jacobsma v. Goldberg's Fashion Forum, a man was shopping with his wife when he saw the store manager chasing a shoplifter down the aisle towards him. (303 N.E.2d 266 (Ill. Ct. App. 1973)). The manager looked at the man and shouted, "Stop thief" while pointing at the shoplifter. The man responded and tackled the shoplifter, dislocating his shoulder in the process. He spent four weeks in a body cast recovering before suing the store for his injuries. The court found that the manager's cry of "Stop thief" was a call for assistance, and the man (being the only man in the store other than the manager and shoplifter) reasonably believed to be directed at him. Further, the man's attempt to restrain the shoplifter was a benefit to the store. Those factors transformed the man's legal status from that of an "invitee" to a "volunteer." In other words, the manager "deputized" the man, and, as a result, the store was liable for his injuries.

It is easy to imagine how similar scenarios could play out in a church setting. An intruder enters the service, whether to cause injury or disruption, and the pastor calls out, "Stop him" from the pulpit. A Cowboy hears the call and reacts, injuring the intruder, other parishioners, or even the Cowboy himself. Ultimately, someone seeks damages from the church's "deep pockets," and the court has to determine whether the Cowboy reasonably perceived the pastor's statement as a call for assistance reasonably directed at him. If the church knows it has Cowboys, and either boasts of their presence or takes no action to limit them, it is easy to see how a Cowboy could be "deputized."

No responsible church would place someone on its armed security team without first conducting a background investigation, reviewing the applicant's experience and training, and providing competent training of its own. Take steps so that you do not inadvertently "deputize" Cowboys.

Wrangling in the Cowboys
In some states, private property owners can post signs to restrict Carrying, which, when properly posted, makes Carrying a criminal act subject to the same penalties as Carrying in statutorily protected places, such as schools and state buildings. In all states, private property owners can post signs to limit or restrict CCW Permit holders from Carrying, often making it a trespass to Carry. If your church is going to restrict Carrying, post the right sign in the right locations. Some states have statutory language that must be used. In Texas, the language comes from the statute and must be posted in English and Spanish. In Kansas, the statute has specific rules for the size, color, background, and location of the signs. Most states allow the property owner to select the appropriate wording. I generally recommend, "Carrying of concealed weapons prohibited," or "Carrying of concealed weapons prohibited, EXCEPT by members of the church's security team." Some churches also like to include a graphic of a handgun with a red slash across it, similar to "No smoking" signs. The location of the signs is also important. Again, state or local law may dictate the location. Otherwise, signs should generally be posted at each entrance.

Finally, if your church is not going to restrict Cowboys from Carrying, consider asking them to inform a member of the security team or church staff that they are Carrying, so that the security team can respond appropriately. Do the same for off-duty police officers. Also, ask your Cowboys not to draw their handgun if the church's security team is responding, and to holster it once the security team or law enforcement arrives. It is often helpful to inform Cowboys that your church has an emergency response plan in place. Consider giving them a copy. One church I work with invites all CCW Permit holders to a quarterly meeting to discuss these issues and to possibly recruit new members to its security team.

Adam L Weitzel is an associate in RJ&L's Colorado Springs office. His practice focuses on business and nonprofit organizations in a variety of legal matters, including real estate, general corporate law, business transactions, taxation and finance, and other general contractual matters. Mr. Weitzel can be reached at 719-386-3006 or by email at aweitzel@rothgerber.com.