Pennsylvania Firearm Owners Association
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  1. #1
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    Default Act 235 related question - Carrying as a guard, while not required.

    This may sound stupid, so you'd better not point it out to me if it does.

    I picked up a part time job as an unarmed security guard. I don't have my Act 235 certification (And I doubt I could get it, my vision is pretty bad without my glasses on. With them on though I can see perfectly.)


    Assuming my employer doesn't give a damn and the clients don't give a damn, since my job doesn't require me to carry, would I be in violation of the law if I carried for my own protection at work?

    Or, because I'm working as a guard, does that "count enough" to be a violation?

    I searched, failed to find the answer.

  2. #2
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    I've always wondered about that too. Seems there's some gray area in that statute and your situation is right in the middle of it. Maybe Gunlawyer will have some input on this...
    "Improvise. Adapt. Overcome."

  3. #3
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by Liberifle View Post
    This may sound stupid, so you'd better not point it out to me if it does.

    I picked up a part time job as an unarmed security guard. I don't have my Act 235 certification (And I doubt I could get it, my vision is pretty bad without my glasses on. With them on though I can see perfectly.)


    Assuming my employer doesn't give a damn and the clients don't give a damn, since my job doesn't require me to carry, would I be in violation of the law if I carried for my own protection at work?

    Or, because I'm working as a guard, does that "count enough" to be a violation?

    I searched, failed to find the answer.
    I think you would be in violation since you are providing security services and are carrying a firearm. I don't believe a judge or jury is going to be receptive to you stating it is for your own protection. If you are carrying get 235.

  4. #4
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    IANAL, but I believe as long as you have a LTCF, and your job permits it, you can be armed while working. An Act 235 is required when being armed is part of your job requirement ie. Armed security guard.

  5. #5
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by Chvyrs90 View Post
    IANAL, but I believe as long as you have a LTCF, and your job permits it, you can be armed while working. An Act 235 is required when being armed is part of your job requirement ie. Armed security guard.
    I would go to the PA State Police site on 235. It says that guards must have a valid certificate going to work while armed. Section 8 and 9 show as a guard you cannot carry a firearm without a certificate.

  6. #6
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Similar scenario.... My church is putting together a security team, pretty informal - no pay, but in light of recent events they have recognized the need to have some folks "alert" and not necessarily worshiping during service.

    To that note, several of us volunteers have LTCF / CCW's and the same came up - would this be REQUIRED?

    To that note, the person heading this up is retired PSP and now directs private security for a college. We are all going to go through the certification anyway if for nothing else than to show the insurance carrier that they are serious about this endeavor, so Im going to go through this either way.

  7. #7
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by LTCcarrier View Post
    I would go to the PA State Police site on 235. It says that guards must have a valid certificate going to work while armed. Section 8 and 9 show as a guard you cannot carry a firearm without a certificate.
    The OP stated he took a job as an UNarmed security gaurd. If he has a LTCF and carries for personal protection, and his job does not have rules against carrying while working, he is good to go. Section 4 b states that one must have an ACT 235 if the incidence of employment requires him to be armed. Like I said earlier, if he was hired as an armed guard, it would be a different story.

  8. #8
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by Liberifle View Post
    This may sound stupid, so you'd better not point it out to me if it does.

    I picked up a part time job as an unarmed security guard. I don't have my Act 235 certification (And I doubt I could get it, my vision is pretty bad without my glasses on. With them on though I can see perfectly.)


    Assuming my employer doesn't give a damn and the clients don't give a damn, since my job doesn't require me to carry, would I be in violation of the law if I carried for my own protection at work?

    Or, because I'm working as a guard, does that "count enough" to be a violation?

    I searched, failed to find the answer.



    As far as your eye sight goes, you might still be able to get your 235. They will run a vision test with and with out your glasses and the results will be sent to the PSP. (I wear glasses and my eye sight is not great either with out them and I am certified)

    As far as carrying a firearm, while your on duty, with out being certified, in my opinion, is not worth the risk of getting fired by your employer if it's found out that you are carrying while on duty, when your not supposed to.

    If your employer doesn't "give a damn" and the clients don't "give a damn", I would look for another job.

    If the employer lets you carry a firearm while your on duty, they can get fined for it or worse, since basically they have an un-certified, armed guard on duty.

    I would just apply and get your Act 235 certification and not deal with any possible headaches. Then you can get a job as an armed security officer and not have to worry about carrying with out being certified.

    I know you want to have some protection while at work, but it's not worth getting fired or worse, especially if, god forbid, you have to use your firearm.


    AG

  9. #9
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by xx AG xx View Post
    As far as your eye sight goes, you might still be able to get your 235. They will run a vision test with and with out your glasses and the results will be sent to the PSP. (I wear glasses and my eye sight is not great either with out them and I am certified)

    As far as carrying a firearm, while your on duty, with out being certified, in my opinion, is not worth the risk of getting fired by your employer if it's found out that you are carrying while on duty, when your not supposed to.

    If your employer doesn't "give a damn" and the clients don't "give a damn", I would look for another job.

    If the employer lets you carry a firearm while your on duty, they can get fined for it or worse, since basically they have an un-certified, armed guard on duty.

    I would just apply and get your Act 235 certification and not deal with any possible headaches. Then you can get a job as an armed security officer and not have to worry about carrying with out being certified.

    I know you want to have some protection while at work, but it's not worth getting fired or worse, especially if, god forbid, you have to use your firearm.


    AG
    Really? Id say having to use it would make it even more worth it. Is rather be alive, I guess you're not the same?

  10. #10
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    Default Re: Act 235 related question - Carrying as a guard, while not required.

    Quote Originally Posted by nathaniel.seacat View Post
    Really? Id say having to use it would make it even more worth it. Is rather be alive, I guess you're not the same?
    What I'm saying is if you want to be an armed guard, then get your Act 235 certification.

    The OP is putting his job on the line for carrying with out being certifed. Also, I don't think the company is going like that one of their guys is a carrying a firearm WHILE on duty when he is NOT certified and not supposed to be carrying in the first place. Yes, everyone should be safe while at work, but if your not certified to carry for work purposes, then you should not be carrying.

    If the OP was at work and for some reason thought he was in danger for his life and used his firearm, yes he might survive the encounter and yes, he might go home, but there's going to be a huge liabilty issue that he and his company are gonna have to deal with and I can tell you this much, his company will distance themselves from this since he was carrying a firearm while he was on duty with out them knowing and not certified to do so and he will probably lose a lot more than his job if that were to happen.

    Remember, your LTCF does not authorize you to carry a firearm for work purposes and the 235 does authorize you to carry a concealed weapon.

    There is a reason why the Act 235 certification is in place.

    Yes be safe, always, but go about it correctly.



    AG

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