We hold our weekly church services in the gymnasium of one of our local YMCA facilities. My pastor has given me explicit permission to conceal carry during services. We hold services during times that the YMCA is closed for normal business. The YMCA has a “no concealed firearms” sign on the front entrance. Will I violate this YMCA policy if I conceal carry during our church services?
Welcome @Michael377 to the forum!
IANAL… however you are on their property, and the property is posted. So, in my opinion, yes, you are violating their building policy.
Now, depending on the Locality that you reside, how is that enforced, and does it have to be a specific verbiage to be good? Another way, you could be “trespassed” at a minimum, and possibly lose your license on the other end.
Thanks for the response. And yes, that is what I figured. It makes sense.
I am not a lawyer and the below should not be taken as a legal opinion
As I understand Florida law, the school prohibition is for the building. It doesn’t matter what activity is taking place there. Other prohibitions are also tied to the location, not to the activity.
The real answer is in the state legal code. Read it and get a lawyer to interpret it when necessary.
Here is the pertinent part of 18 U.S.C. 922(q)(2) (and 921 for definitions) with respect to possession of weapons in school zones:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license
A school zone is defined in 18 U.S.C. 921
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
Based on th explain text, if you have a concealed carry license, or equivalent, the restriction does not apply. It would still apply to Constitutional Carry since a background check is not required.
Courts have consistently held that the 1000 feet encompasses 1000 feet from the school property boundaries.
I would just ask the YMCA what their take is. If they are closed and not actually running the building they may not be so against it.
I will be that the YWCA has an insurance company that would have an opinion on this as well.
@MikeBKY–would the YWCA still be at risk for damages of an incident on premises even outside of normal business hours? Seems likely to me.
Yep, good point.
Maybe if I sit in my car (castle doctrine) parked just outside the entrance I can protect my family and our church members. Still not in an official capacity (security officer, safety official, bouncer, etc.), just self defense.
Very Nice! You sound like an angry comedian with some very relevant experience. Thanks for your response. Good advice.
Liability can be based on many different things. It depends on all of the facts and circumstances.
Insurance can cover many things. Generally, liability insurance covers an “occurrence” which is often defined as an “accident” meaning a “sudden, unexpected event.”
But, other things can be insured. My church has a law enforcement/armed security rider. Events would certainly be sudden and unexpected but are, as you said, by all means intentional.