Restaurant employees and security guards in Tennessee

Agave · May 11th, 2008, 04:44 PM

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?

SoFloAuthor · May 11th, 2008, 06:20 PM

Quote:

Originally Posted by Agave

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.

falcon1 · May 11th, 2008, 07:17 PM

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?

dunndw · May 11th, 2008, 07:53 PM

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.

falcon1 · May 11th, 2008, 10:11 PM

Quote:

Originally Posted by dunndw

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?"

tns0038 · May 12th, 2008, 08:36 AM

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.

SoFloAuthor · May 12th, 2008, 09:32 AM

Quote:

Originally Posted by tns0038

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.....

tns0038 · May 12th, 2008, 01:30 PM

Quote:

Originally Posted by SoFloAuthor

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...

HITCH KING · May 12th, 2008, 01:45 PM

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?

May 11th, 2008, 07:53 PM	#4
dunndw Senior Member Join Date: Jul 2006 Location: Nashville Posts: 744	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." My Gun Truths Blog The Tennessee Firearms Association

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May 11th, 2008, 07:17 PM	#3
falcon1 VIP Member Join Date: Jan 2006 Location: Tennessee Posts: 4,055	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?

May 12th, 2008, 08:36 AM	#6
tns0038 Senior Member Join Date: Oct 2007 Location: Florida Posts: 934	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.

May 12th, 2008, 01:45 PM	#9
HITCH KING Member Join Date: Dec 2007 Location: NY Posts: 446	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?