Can a church or other religious institution have armed volunteers? A change in the book!

Can a church or other religious institution  have armed volunteers? -- A change to page 107.
copyright 2016 by jon gutmacher

Page 107 of the book has long indicated that it is unlawful to have armed volunteer security personnel at a church or other religious institution.  After significant reflection and study, I have changed my opinion on this except as to those portions of the grounds and buildings that have  daycare or school activities.  I will explain:

1. Security guards are covered in Chapter 493 of the Florida Statutes.

2. The definition in F.S. 493.6101(19), clearly states that a “security officer” is a person working for “consideration”.   That means they are getting paid something, or provided some monitary or property type incentive for their services.  As such, it normally excludes a “volunteer”.

3. F.S. 493.6102 contains the exclusions to C.493.   In other words – to whom these laws don’t apply.   While it does exclude only “unarmed” persons “employed” to guard a religious institution such that these persons may “not carry a firearm” – it is critical that the wording in almost every subsection of 493.6102 concerns “employed” individuals.  However, a “volunteer” is not an “employee”, and is not “employed” by anyone in the sense the statute covers.

I therefore have changed my opinion on whether there can be armed volunteers at a church or religious institution, and so correct page 107 of the book.  Likewise, I warn that obviously you would need a CWL to carry, as there is no law that allows open carry of a firearm.  And likewise, I continue to warn that portions of the premises that are used for daycare or as a school are prohibited to all persons armed with a firearm other than law enforcement.