Restaurant employees and security guards in Tennessee

Restaurant employees and security guards in Tennessee

This is a discussion on Restaurant employees and security guards in Tennessee within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Tennessee law per Handgunlaw.us It is an offense for a person to possess a firearm within the confines of a building open ...

Results 1 to 9 of 9

Thread: Restaurant employees and security guards in Tennessee

  1. #1
    Distinguished Member Array Agave's Avatar
    Join Date
    Oct 2007
    Location
    West Tennessee
    Posts
    1,464

    Restaurant employees and security guards in Tennessee

    Quote Originally Posted by Tennessee law per Handgunlaw.us
    It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor,
    wine or other alcoholic beverage, as defined in 573101(
    a)(1)(A),. or beer as defined in 576102(
    1) , are served
    for on premises consumption.
    I seek knowledge and clarity regarding this. (1)If I am employed and on the clock at an ABC restaurant, does this prohibition apply to me?

    Additionally, I am increasingly seeing gentlemen in ABC establishments wearing shirts featuring "security" or "staff" with sidearms. (2)Not assuming that they are Tenn registered armed guards, does the prohibition not apply to them? (3)Assuming that these individuals are Tenn registered armed guards, where does the law allow that they violate the normal "gun free zone" laws?
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

    NRA Certified Pistol Instructor, Tennessee Certified Instructor


  2. #2
    Ex Member Array SoFloAuthor's Avatar
    Join Date
    Apr 2008
    Location
    Western edge of Th' Everglades
    Posts
    98
    Quote Originally Posted by Agave View Post
    I seek knowledge and clarity regarding this. (1)If I am employed and on the clock at an ABC restaurant, does this prohibition apply to me?

    Additionally, I am increasingly seeing gentlemen in ABC establishments wearing shirts featuring "security" or "staff" with sidearms. (2)Not assuming that they are Tenn registered armed guards, does the prohibition not apply to them? (3)Assuming that these individuals are Tenn registered armed guards, where does the law allow that they violate the normal "gun free zone" laws?
    If the place you work serves alcohol...it appears it applies.

    As many time as these questions pop up, you'd think maybe someone would "ask a lawyer".....Florida has one who wrote and continually updates a book on CW carry.

  3. #3
    VIP Member
    Array falcon1's Avatar
    Join Date
    Jan 2006
    Location
    Tennessee
    Posts
    6,484
    The complete text:

    TCA 39-17-1305. Possession of firearm where alcoholic beverages are served. —
    (a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.
    (b) A violation of this section is a Class A misdemeanor.
    (c) The provisions of subsection (a) shall not apply to a person who is:
    (1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or
    (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

    I guess the real question is, does the owner know and are you acting as his or her agent to protect persons or property?

  4. #4
    Senior Member Array dunndw's Avatar
    Join Date
    Jul 2006
    Location
    Nashville
    Posts
    1,123
    If you take the strict reading of the above...even LEOs on lunch are breaking the law..they are not in actual discharge of their duties...never mind "security or staff"
    If you carry a gun in a place with on premise consumption you are breaking the law UNLESS your boss allows you. Then he might run into trouble with the laws regarding private security firms if you ever had to use your weapon.

    and you can thank Jimmy Naifeh for that. I was watching the sub committee meetings when he screwed every law abiding gun owner in TN

    Even the LEOs were screwed by him. He claimed the "intent" of the law should be followed..not the letter. Now...I don't know about you..but I don't want my freedom on the line oaver some jack a***es interpretations of some law.
    "If I was an extremist, our founding fathers would all be extremists," he said. "Without them, we wouldn't have our independence. We'd be a disarmed British system of feudal subjectivity."

  5. #5
    VIP Member
    Array falcon1's Avatar
    Join Date
    Jan 2006
    Location
    Tennessee
    Posts
    6,484
    Quote Originally Posted by dunndw View Post
    If you take the strict reading of the above...even LEOs on lunch are breaking the law..they are not in actual discharge of their duties...never mind "security or staff"
    Indeed. If one looks closely at the way TCA 39-17-13 is written, there are a number of potential "gotchas" riddling the laws therein. It would appear that the Handgun Carry Permit law was added to the code, but changes in other laws of the part to incorporate and recognize that law were not made. The attitude of the legislature appears to have been, "We'll let some poor sucker get nailed, and then we'll find out what needs to be cleaned up. Now, where's my next perk coming from?"

  6. #6
    VIP Member Array tns0038's Avatar
    Join Date
    Oct 2007
    Location
    Florida
    Posts
    2,169
    If you boss says “its ok” then it looks to me like you’re a go. Otherwise, you’ll have to leave it in the car.

  7. #7
    Ex Member Array SoFloAuthor's Avatar
    Join Date
    Apr 2008
    Location
    Western edge of Th' Everglades
    Posts
    98
    Quote Originally Posted by tns0038 View Post
    If you boss says “its ok” then it looks to me like you’re a go. Otherwise, you’ll have to leave it in the car.
    Yeah and I'd get that "OK" in writing, along with a letter of guarantee that if you use it in defense of his property, he'll cover your legal ground...

    ....once you become an "agent" of your employer it opens a lot of other liability doors.....

  8. #8
    VIP Member Array tns0038's Avatar
    Join Date
    Oct 2007
    Location
    Florida
    Posts
    2,169
    Quote Originally Posted by SoFloAuthor View Post
    Yeah and I'd get that "OK" in writing, along with a letter of guarantee that if you use it in defense of his property, he'll cover your legal ground...

    ....once you become an "agent" of your employer it opens a lot of other liability doors.....
    soooooo true...

  9. #9
    VIP Member Array HKinNY's Avatar
    Join Date
    Dec 2007
    Location
    Nassau, NY(Long Island)
    Posts
    2,855
    Originally Posted by Tennessee law per Handgunlaw.us
    It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor,
    wine or other alcoholic beverage, as defined in 573101(
    a)(1)(A),. or beer as defined in 576102(
    1) , are served
    for on premises consumption.

    So using beer for a wet t-shirt contest would be legal?

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Deputized mall security guards
    By SubNine in forum Concealed Carry Issues & Discussions
    Replies: 63
    Last Post: November 16th, 2014, 10:05 AM
  2. to LEO's/fellow security officers and guards
    By INccwchris in forum Off Topic & Humor Discussion
    Replies: 8
    Last Post: November 20th, 2010, 06:16 AM
  3. This is why security guards must be armed.
    By GunnyBunny in forum Off Topic & Humor Discussion
    Replies: 18
    Last Post: March 22nd, 2009, 01:47 AM
  4. Sacramento Bee: Employees bound during armed robbery at Woodland restaurant
    By BigEFan in forum Carry & Defensive Scenarios
    Replies: 3
    Last Post: October 25th, 2007, 10:14 PM
  5. Security Guards carry SMGs?
    By paramedic70002 in forum General Firearm Discussion
    Replies: 11
    Last Post: March 11th, 2007, 07:27 PM

Search tags for this page

armed guard concealed carry tn
,
can resturant owners and employees ccw at work in tennessee
,

responsibilities of a restaurant security guard

,
responsibilities of a security guard in a restaurant
,
responsibility of security guard in restaurant
,
restaurant employees concealed carry
,
security personnel in restaurants in nashville tn. laws
,
tca 39-17-1305 text
,

tca 39-17-1313

,
tennessee ccw restaurant
,
tn armed guard rules
,
tn security shirt law
Click on a term to search for related topics.