The Texas Church Security Protection Act, passed as SB 535 in 2019, cleared the way for houses of worship to run their own volunteer security teams without hiring licensed private security guards and without treating churches as gun-free zones by default. Two later changes matter as much as the original Act: Texas became a permitless carry state in 2021, and a 2023 amendment through HB 1133 extended the volunteer security exemption from churches to all nonprofits. If you are setting up or running a church security team today, the working rules come from all three pieces together.
Who Can Serve on a Volunteer Security Team
Under Occupations Code Section 1702.333, anyone providing security services without compensation is not required to hold a private security license.1Texas Legislature. Texas Code Occupations Code 1702.333 – Certain Volunteers Your congregation can organize an armed or unarmed team using unpaid members without obtaining a security company license or individual guard credentials.
The word “volunteer” carries weight. If the church pays team members anything beyond incidental expense reimbursement, the exemption disappears and Chapter 1702 licensing kicks in. Department of Labor regulations reinforce the same line: a person qualifies as a volunteer only when services are offered freely, without coercion, and without compensation.2eCFR. 29 CFR 553.101 Volunteer Defined Routine stipends or gift cards can reclassify a volunteer as an employee and trigger both licensing and wage obligations.
Firearm Eligibility and Screening
Skipping the licensing process does not remove the underlying firearm rules. Texas Penal Code Section 46.04 bars anyone convicted of a felony from possessing a firearm for five years after release from confinement, parole, or community supervision, and restricts possession to the home after that period. People convicted of a Class A misdemeanor involving family violence face a similar five-year prohibition.
Federal law goes further. The Lautenberg Amendment permanently bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, with no time limit and no home exception.3United States Department of Justice Archives. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence Anyone subject to a qualifying domestic violence protective order is also barred federally.4U.S. Marshals Service. Lautenberg Amendment
Churches have no direct access to the NICS background check system, which is available only to licensed firearms dealers. Screening depends on self-disclosure and the church’s own vetting. A written questionnaire covering the state and federal disqualifiers, plus reference checks, is the practical minimum for a serious program.
How Permitless Carry Changed Church Carry Rules
When SB 535 passed in 2019, the framework centered on the License to Carry. Penal Code Section 46.035 had listed places of worship as restricted locations, and the Act clarified that the restriction applied only when the church posted effective notice under Sections 30.06 and 30.07. Two years later, HB 1927 repealed Section 46.035 and made Texas a permitless carry state, with the remaining pieces cleaned up by HB 4595 in 2023.5Texas Legislature Online (TLO). 87(R) HB 1927 – House Committee Report (Substituted) – Bill Analysis
Any person 21 or older who is not legally prohibited from possessing a firearm may now carry a handgun in a Texas church without any license, permit, or training. No church-specific authorization is needed. Churches are treated like most other private property.
Restricting Firearms on Church Property
Permitless carry did not strip churches of control over their own premises. For LTC holders, Penal Code Sections 30.06 and 30.07 allow a property owner to post statutory signage banning concealed carry, open carry, or both. The signs must use the exact statutory language in English and Spanish, in contrasting colors and block letters at least one inch tall.6Attorney General of Texas. Opinion No. KP-0176 Oral or written notification also counts as effective notice.
For people carrying without a license, HB 1927 set up a different mechanism. A person commits an offense if the property owner or someone with apparent authority gives them oral notice that carrying a weapon on the property is prohibited and they fail to leave.5Texas Legislature Online (TLO). 87(R) HB 1927 – House Committee Report (Substituted) – Bill Analysis Churches that want a weapons-free environment typically post both 30.06 and 30.07 signs and train ushers or greeters to give verbal notice to anyone else.
A church that wants to allow its own security team to carry but not the general congregation faces a harder problem. Texas law offers no statutory way to write a “security team only” policy with criminal enforcement behind it. Most programs handle this through a clearly communicated internal policy, understanding that a congregant who violates it faces trespass, not a weapons-specific charge.
When Deadly Force Is Justified
Church security volunteers operate under the same use-of-force rules as any other Texan. Under Penal Code Section 9.32, deadly force is justified when a person reasonably believes it is immediately necessary to protect against another’s use or attempted use of unlawful deadly force, or to prevent an imminent violent felony such as murder, aggravated kidnapping, sexual assault, or robbery.7State of Texas. Texas Code Penal Code 9.32 – Deadly Force in Defense of Person The belief must be reasonable from the perspective of a person in the same situation, not merely sincere.
Texas law creates a presumption that the use of deadly force was reasonable when someone unlawfully and forcefully enters an occupied building or attempts to forcefully remove someone from it. That presumption can apply to an active shooter entering a church, but it is not blanket permission. The person using force must not have provoked the confrontation and must not be engaged in criminal activity at the time. Section 9.32 also eliminates any duty to retreat for a person who has a right to be present, which covers church members and their invited security teams.7State of Texas. Texas Code Penal Code 9.32 – Deadly Force in Defense of Person
Getting this wrong carries serious consequences. A volunteer who fires when deadly force is not legally justified can face criminal charges for aggravated assault or manslaughter, each carrying years in prison. Even a justified shooting brings police investigation, possible grand jury review, and lasting personal fallout.
Civil Liability for the Volunteer and the Church
Criminal consequences land on the person who used force. Civil liability can reach both the individual and the church. Under Texas Civil Practice and Remedies Code Chapter 71, surviving spouses, children, or parents can sue for wrongful death against the person responsible and the organization that person represented.8State of Texas. Texas Civil Practice and Remedies Code Chapter 71 – Wrongful Death Civil cases require only a preponderance of the evidence, so a volunteer can be acquitted criminally and still lose the civil case over the same incident.
Churches can face liability under theories of negligent selection, training, or supervision. Placing an unscreened, untrained volunteer on an armed team and having that person injure a bystander creates significant exposure. Documented screening, training records, and written use-of-force policies are the backbone of a defense if litigation follows.
The Federal Volunteer Protection Act
The federal Volunteer Protection Act of 1997 provides a partial shield. Under 42 U.S.C. § 14503, a volunteer acting within the scope of their responsibilities for a nonprofit is not personally liable for harm caused by ordinary negligence, as long as the harm was not caused by willful or criminal misconduct, gross negligence, recklessness, or conscious indifference to the rights or safety of others.9Office of the Law Revision Counsel. 42 USC 14503 – Limitation on Liability for Volunteers The Act also bars punitive damages against volunteers unless the claimant proves willful or criminal misconduct by clear and convincing evidence.
The protection has real limits in an armed context. An accidental discharge might qualify as ordinary negligence and fall within the Act. Firing at a perceived threat without confirming the target, or using deadly force when no deadly threat exists, can cross into gross negligence or recklessness and strip the protection away. The Act also does not shield the church itself, only the individual volunteer.
Insurance Disclosure
Most churches carry general liability coverage, but standard policies often exclude or sharply limit firearm-related incidents. A church that runs an armed security team without telling its insurer risks having claims denied entirely for failure to disclose a material change in risk. Some insurers offer specific endorsements for armed security; others will not cover it at any price.
Review the policy for assault, battery, and firearms exclusions. Disclose the security team to your insurer in writing. Ask specifically whether coverage extends to volunteer use of force. If your carrier will not cover armed security, a broker who works with religious organizations can usually find one that will, at a higher premium. Defense costs alone from a single incident can run into six figures.
Churches Near Schools: A Gap in Permitless Carry
Federal law makes it a crime to possess a firearm within 1,000 feet of a public or private K-12 school. The Gun-Free School Zones Act at 18 U.S.C. § 922(q) carves out an exception for individuals licensed by the state where the school zone is located, provided the state requires law enforcement to verify qualifications before issuing the license.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Texas License to Carry satisfies that exception because DPS runs a background check before issuing.
Someone carrying lawfully under Texas permitless carry but without an LTC does not hold a state-issued license and does not fit the federal exception. An armed volunteer without an LTC serving at a church within 1,000 feet of a school is technically violating federal law, even while fully legal under state law. Federal enforcement has been minimal, but the risk is real. Churches near schools should encourage armed team members to obtain an LTC.
Training Worth Doing
Texas requires no particular training for volunteer security team members, which is both a freedom and a risk. The LTC course covers basic handgun proficiency and legal use of force and remains available even though it is no longer required for general carry. For churches near schools, the LTC also solves the federal school zone problem.
Beyond marksmanship, the FBI’s Active Shooter Attack Prevention and Preparedness course covers house-of-worship environments specifically, teaches the “Run, Hide, Fight” protocol, and includes hands-on practice with evacuation, barricading, and coordinated response, along with basic bleeding control.11Federal Bureau of Investigation. Active Shooter Attack Prevention and Preparedness (ASAPP) The Department of Homeland Security publishes a companion pocket card breaking the response into three steps: evacuate first, hide if evacuation is not safe, and take physical action only as a last resort when life is in immediate danger.12Department of Homeland Security. Active Shooter – Pocket Card Information
The strongest programs train the whole congregation on evacuation routes and lockdown procedures, not just the armed team. A volunteer who shoots well but has no plan for getting 200 people out of a sanctuary has only half the picture.