Does a Tennessee church need to license its volunteer security team under the Private Protective Services Act, even if the volunteers carry guns?

Subject

Opinion No. 15-64, License for Church Congregations Using Volunteer Members for Security Purposes, August 21, 2015

Plain-English summary

A district attorney general asked whether a local church congregation that uses its own members as an in-house security team has to comply with Tennessee's Private Protective Services Licensing and Regulatory Act. The follow-up: does the answer change if the volunteer security team members are armed and have weapons permits?

The AG said no to both questions. The Act regulates two kinds of entities: "contract security companies" that provide security services on a contractual basis for someone else, and "proprietary security organizations" that employ security guards in an employer-employee relationship. Neither label fits an unpaid volunteer security team made up of church members serving their own church. There is no business activity, no contractual relationship, and the security team is at most providing the service to itself, not to "another." For the proprietary security organization category, the volunteers are not employees because they are not paid and have not entered an employer-employee relationship. Volunteers are not employees under Tennessee case law (Hill v. King; Garner v. Reed).

Whether the security team is armed or unarmed does not matter under the licensing statute. The statute regulates the relationship and the business model, not the equipment. Carrying weapons lawfully (with appropriate handgun carry permits) does not create a security-licensing obligation when the underlying arrangement is volunteer.

Currency note

This opinion was issued in 2015. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why was this question asked in 2015?

Church safety became a more prominent national topic after a series of violent incidents at houses of worship in the early 2010s. Many churches considered organizing in-house security teams, sometimes armed, and the licensing implications became a live concern.

What would push a church into licensing territory?

Two things. First, if the church paid the security team members (creating an employer-employee relationship that would make the church a proprietary security organization). Second, if the church hired an outside security company (the outside company would need a contract security company license, but the church itself would not).

Do the volunteers need any kind of license?

For carrying handguns, they need valid Tennessee handgun carry permits or equivalent legal authorization. The AG's opinion confirms that the church-and-volunteer-team arrangement does not trigger the Private Protective Services Act, but other laws (firearms laws, premises liability, etc.) still apply.

Could the church run into liability for using armed volunteers?

Possibly, under general premises liability and tort law. The opinion only addresses the security licensing statute, not the church's broader risk exposure. Churches considering armed security teams should consult counsel about training, screening, insurance, and use-of-force protocols.

Does the same answer apply to other religious groups, schools, or nonprofits using volunteer security?

The analysis would generalize: an unpaid volunteer security arrangement involving members of the organization is unlikely to fit either statutory category. The opinion specifically addresses churches but the reasoning applies broadly.

Background and statutory framework

The Private Protective Services Licensing and Regulatory Act (Tenn. Code Ann. §§ 62-35-101 et seq.) regulates the security services industry. Tenn. Code Ann. § 62-35-104 makes it unlawful to act as a "contract security company" without a license, and Tenn. Code Ann. § 62-35-123(a) makes it unlawful to act as a "proprietary security organization" without first notifying the Commissioner of Commerce and Insurance.

A "contract security company" is "any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person." Tenn. Code Ann. § 62-35-102(6). "Person" is defined broadly to include nonprofits and institutions (§ 62-35-102(8)). A "proprietary security organization" is "any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship." § 62-35-102(10).

Tennessee case law confirms that a volunteer is not an employee. Hill v. King, 663 S.W.2d 435, 440-442 (Tenn. Ct. App. 1983); Garner v. Reed, 856 S.W.2d 698, 700 (Tenn. 1993).

Citations

• Tenn. Code Ann. §§ 62-35-101 et seq. (Private Protective Services Act)
• Tenn. Code Ann. § 62-35-102(6) (definition of contract security company)
• Tenn. Code Ann. § 62-35-102(8) (definition of person)
• Tenn. Code Ann. § 62-35-102(10) (definition of proprietary security organization)
• Tenn. Code Ann. § 62-35-104 (license requirement for contract security companies)
• Tenn. Code Ann. § 62-35-123(a) (notification requirement for proprietary security organizations)
• Hill v. King, 663 S.W.2d 435 (Tenn. Ct. App. 1983)
• Garner v. Reed, 856 S.W.2d 698 (Tenn. 1993)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2015/op15-064.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
August 21, 2015
Opinion No. 15-64
License for Church Congregations Using Volunteer Members for Security Purposes

Question 1

May a local congregation of a church use members of that congregation to act as a security team for the church without complying with the licensure and notification requirements of the Private Protective Services Licensing and Regulatory Act if the members of the security team are unarmed, unpaid volunteers?

Opinion 1

Yes. If the security team consists of unpaid volunteer church members, neither the church nor its local congregation would be "engaging in the business of providing a security guard and patrol service on a contractual basis for another person," Tenn. Code Ann. § 62-35-102(6), nor would they be "employ[ing] a security guard/officer solely for the [church] in an employer/employee relationship," Tenn. Code Ann. § 62-35-102(10). Thus, neither the church nor its local congregation would be a "contract security company" or a "proprietary security organization" as defined in Tenn. Code Ann. § 62-35-102(6) and (10) and, therefore, they would not be subject to the Act's licensing or notification requirements.

Question 2

Would the opinion in response to Question 1 be different if the members of the local congregation acting as a security team on a non-paid, volunteer basis are armed and have weapons permits?

Opinion 2

No. Whether the security team is armed or unarmed is immaterial to the analysis of whether the church or its local congregation is a "contract security company" or a "proprietary security organization."

ANALYSIS

This request concerns the applicability of the licensing and notification requirements of the Private Protective Services Licensing and Regulatory Act, Tenn. Code Ann. §§ 62-35-101, et seq. (the "Act"), when unpaid volunteer church members serve as a security team for the church or one of its local congregations.

1. Pursuant to the Act, "it is unlawful for any person to act as a contract security company without having first obtained a license from" the Commissioner of Commerce and Insurance. Tenn. Code Ann. § 62-35-104. A "contract security company" is defined as "any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person." Tenn. Code Ann. § 62-35-102(6). "Person" includes individuals and entities such as nonprofit organizations and institutions. Tenn. Code Ann. § 62-35-102(8).

When members of a church or its local congregation volunteer to provide security services to the church or its local congregation without remuneration, the licensing requirement does not apply because neither the church nor the local congregation is engaged in the business of providing security services on a contractual basis for another person. Since the members are acting as unpaid volunteers, there is no business activity taking place, there is no contractual relationship, and the church or congregation is at most providing the security services to itself, not to "another" person. Thus, neither the church nor its local congregation is a "contract security company" within the purview of the Act. Accordingly, under these circumstances, the Act does not require the church or its local congregation to be licensed as a "contract security company."

It is also "unlawful for any person to act as a proprietary security organization without first having notified the commissioner in writing." Tenn. Code Ann. § 62-35-123(a). A "proprietary security organization" is defined as "any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship." Employees receive payment for their services. A person who offers to perform a job as a volunteer, without pay, in order to "help out" is not an employee. Hill v. King, 663 S.W.2d 435, 440-442 (Tenn. Ct. App. 1983) perm. app. denied, Dec. 19, 1983; Garner v. Reed, 856 S.W.2d 698, 700 (Tenn. 1993). Thus, church members who provide security services without pay and as volunteers are not employees of the church or the local congregation and, as a result, neither the church nor its local congregation is a "proprietary security organization" within the purview of the Act. Accordingly, neither the church nor its local congregation would be required to notify the Commissioner that it is acting as a "proprietary security organization."

2. For the reasons explained above, neither the church nor its local congregation would be required to be licensed as a "contract security company" or to provide notification as a "proprietary security organization" when members of the church act as a security team for the church or a local congregation on a voluntary, unpaid basis. Whether the volunteer, unpaid security team is armed or unarmed has no bearing under the Act on the status of the church or its local congregation as a contract security company or proprietary security organization. Thus, the analysis remains the same, even if the security team members are armed. No provision of the Act would require the church or its congregation to be licensed or to provide notification merely because the unpaid volunteer church members on the security team were carrying weapons as permitted by, and in compliance with, otherwise applicable law.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

NICHOLAS G. BARCA
Senior Counsel

Requested by:
The Honorable James G. (Jerry) Woodall
District Attorney General
State of Tennessee, 26th Judicial District
Criminal Division
P.O. Box 2825
Jackson, Tennessee 38302