Legal Question in Criminal Law in California

Non-Profit Organization-Firearm

Question below-(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.

-Does this mean if I am a church elder, I can carry a firearm at our church for purposes of protecting church memebers/staff if I am authorized by the church board and pastor(owner(s) of non-profit org) this is yet a non-apid position.


Asked on 8/13/07, 12:35 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Non-Profit Organization-Firearm

If your church really has a security concern that would justify the presence of an armed guard, respectfully suggest you go hire one.

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Answered on 8/13/07, 12:48 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Non-Profit Organization-Firearm

But to answer your question...

Yes, you are permitted to carry a concealed firearm in your nonprofit organization. However, you should have a letter from the nonprofit board of directors establishing that you are an agent and are authorized to so carry. You also must abide by the transportation of weapons rules also found in that chapter of the law you cite.

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Answered on 8/13/07, 1:11 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Non-Profit Organization-Firearm

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that it depends on whether or not being a church elder makes you an officer, employee, or agent, or if you are engaged in lawful business, or whether or not you have other requirements, like a concealed weapons permit, or approved registration, that makes carrying a gun legal.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 8/13/07, 6:07 pm
Terry A. Nelson Nelson & Lawless

Re: Non-Profit Organization-Firearm

With the consent of a business, whether profit or nonprofit, adult employees and designated agents may be authorized to carry firearms on premises, so long the person is not a 'prohibited person' barred from owning firearms under federal or state laws or court order. HOWEVER, as someone who is also a certified firearms instructor, and well versed in civil and criminal firearms law, I can tell you that to do as you suggest without proper firearms training and experience would be foolhardy of both the business and employee. At the minimum, I would recommend to a client business that they require the person successfully undergo formal CCW training, even if they do not seek a CCW permit. The business should also evaluate their insurance requirements and rules, federal, state and local regulations, laws, etc. Even as a vocal advocate of individual 2nd Amendment rights, common sense and reason dictate that concern for the liability, risks and safety of ALL involved should be carefully evaluated before authorizing weapons in any business, let alone a church where Christian values are supposed to top society's. The ultimate question for the person carrying, and thus for the business, is whether they are prepared to kill someone if necessary. That is the only purpose of carrying a firearm - to stop a threat or attack with deadly force. Are you prepared to take a life if necessary? Are you prepared for the civil, criminal, societal, religious, moral and psychological repercussions of such killing? If not, you should not carry a firearm. I know many people who 'carry', but they have thought through these issues and have decided that they are willing to protect themselves, their families and society, despite the risks and liabilities. While society would be a far less criminal and dangerous place if all law abiding folks carried guns, modern legal and societal standards create a different scenario than the good old days.

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Answered on 8/13/07, 6:14 pm


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