hcp and bars

[Guest stephen p]

one other thing i was wondering, i realise that you are not suposed to have a firearm in a place that serves liquor, but does that apply to people that work there? as in, if i were a bar tender, and had my pistol on me, on the way to work could i bring it in and keep it in the office? im looking at working down town, and there is a chance i might have to walk a fair distance from my car to work, and i would want to carry with me, also i would not want to leave it in my car to get stolen

[Guest bkelm18]

Yes you may legally carry if you work there, granted I would ask the owner first.

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.

( A violation of this section is a Class A misdemeanor.

© 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.

[Guest pjblurton]

Yes you may legally carry if you work there, granted I would ask the owner first.

I see that the OP is from Jackson, MS. Is this Job in MS or TN?

[Guest bkelm18]

I see that the OP is from Jackson, MS. Is this Job in MS or TN?

Woops. Dang foreigners.

[Guest stephen p]

oh i'm sorry i'm moving to memphis.. so it would be in TN, and i will be getting a TN permit

[Guest GUTTERbOY]

Yes you may legally carry if you work there, granted I would ask the owner first.

I read that as basically applying only to security-type people. On the other hand, I suppose one could make an argument that every employee has a responsibility to protect company property. I don't think I'd count on that working as a defense unless you were carrying with the owner's consent, though.

[Guest stephen p]

yeah, it could be gotten around.. i have had to act as "security" plenty of times when dealing with an unruly drunk... and again, i don't want to be armed while on duty, i just don't like the idea of leaving firearms in my car, or being un protected, if i have to walk any kind of distance to work. but yeah i would want the owners permission, if for no other reason, so that it could be kept in the safe or at least office

[Oh Shoot]

Law states:

"(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."

If the ownertells you it's part of your job, you can carry there.

Note, owner.

Not the manager, not the bartender, not the ....

- OS

[Mike.357]

I agree with what OS has come up with. The owner of the business gets a pass on it, not employees.

[Fallguy]

I agree with what OS has come up with. The owner of the business gets a pass on it, not employees.

I think your are missing this part.. or who is the employee or agent of the owner. I think even OS was saying if the owner said it was ok, you'd be good go. I think he meant the bartender couldn't tell you it is ok or something like that.

It clearly says you can be an employee or agent of the owner, not just the owner.

I'm not sure if there is any precedent on this, but to me agent could even mean someone the owner would designate at any certain time who isn't even a regular employee.

[Guest shadow12]

The weird part of this is that, A bouncer who has no training at all can carry a gun into a bar, but if you are a former Green Beret with 1,000,000 hours of handgun training, you leave it outside.

[Oh Shoot]

I think your are missing this part.. or who is the employee or agent of the owner. I think even OS was saying if the owner said it was ok, you'd be good go. I think he meant the bartender couldn't tell you it is ok or something like that....

That is what I meant, thanks FG...

If the OWNER (only) designates you for security.

- OS

[Fallguy]

That is what I meant, thanks FG...

If the OWNER (only) designates you for security.

- OS

Although I think maybe only the agent is one that has to be specifically appointed to protect life and property. The reason I say this is because of the word or between each person. Using or make each person they are are carrying a separate description. (Notice how or is used to separate LEOs, Military, National Guard and Prison Guards in the part above) If they meant for each person listed to have to designated to protect property or life they would have used commas. Punctuation commas, colons or semi-colons and the words and, or, must, shall can make a big difference on what a law mean. But even as a employee or manager, I would think it best to get the owner's permission. I'm just saying a bartender, as an employee, would not have to be responsible for protecting property or life to be able to carry.

Maybe one of the lawyers can weigh in on this part.....

[Guest clownsdd]

If permission is given to an employee, regardless of the designation, the employee can carry concealed or open in the business.

I don't think a liquor store in Memphis or Nashville would remain open if they couldn't.

[BryanP]

The weird part of this is that, A bouncer who has no training at all can carry a gun into a bar, but if you are a former Green Beret with 1,000,000 hours of handgun training, you leave it outside.

Well, there aren't too many people, Green Beret or otherwise, with 114 years of handgun training.

[Farman]

If permission is given to an employee, regardless of the designation, the employee can carry concealed or open in the business.

I don't think a liquor store in Memphis or Nashville would remain open if they couldn't.

Working in a liquor store is completely different then being a bartender. Anyone with an HCP can carry in a liquor store (unless posted), but not in an establishment that sells for on site consumption.

[Guest clownsdd]

Farman, I was using that as an example, It applies to any privately owned business.

[Guest clownsdd]

dual post

[Glock30Owner]

I do security for a downtown hotel that has a lounge that serves. Since I'm responsible for the security of the hotel and I'm authorized by an agent of the owner, I'm good to go.

Now if I go tho that hotel as a guest, the real question is can I just not carry in the lounge area or is it the entire hotel? There is no door/wall to enter just an open space connected to the lobby.

[Fallguy]

I do security for a downtown hotel that has a lounge that serves. Since I'm responsible for the security of the hotel and I'm authorized by an agent of the owner, I'm good to go.

Now if I go tho that hotel as a guest, the real question is can I just not carry in the lounge area or is it the entire hotel? There is no door/wall to enter just an open space connected to the lobby.

See these threads for that discussion..

http://www.tngunowners.com/forums/showthread.php?t=1487

http://www.tngunowners.com/forums/showthread.php?t=14515

[Guest Rick O'Shay]

If you end up working in a corporate establishment the answer you will get from management will be no. You will be ok more than likely in a privately owned establishment. I used to work as a bartender here in Memphis years ago and always carried a little .38 with no one the wiser, but that was also after a string of restaurant robberies with people killed.

[Guest TylerC]

I take care to do my part as a server in not the best part of town