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 ...
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?Originally Posted by Tennessee law per Handgunlaw.us
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, World Drifter
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?
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."
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.
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?