Exceptions to "Possession of firearm where alcoholic beverages are served."

[Guest Crack_Shot]

While I understand that this is not the correct place to solicit legal advice, I'm curious to see if anyone else has studied my issue.

A friend of mine owns a restaurant where alcoholic beverages are served. He has asked me to be in his place of business with my handgun during closing time "with the responsibility for protecting persons." That would make me an "agent of the owner" as defined below.

The question is, does that make me an "armed security guard" and require me to be registered as one per the state code?

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 are served for on premises consumption.

© The provisions of subsection (a) shall not apply to a person who is:

(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.

Thanks.

[Krull]

Only the owner is exempt??? Not for sure on this one. Any case I'm pretty sure you would have to be an employee of the establishment.. This is just speculation though.i don't think you have to a "security guard"

[Garufa]

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Edited January 19, 2010 by Garufa

[Guest Brassfountain]

The question is what does "agent" of the owner mean in legalize. I would speculate that you wouldn't be an employee unless you were being paid or had some kind of signed/notarized contract with the owner stating your exact duties requiring you do be armed. Not to overstate the obvious but I would definitely contact a lawyer/attorney you trust and get their opinion. That's a big responsiblilty to have and your liability incase something happened could be more then you bargained for.

[Krull]

definitely contact a lawyer/attorney you trust and get their opinion. That's a big responsiblilty to have and your liability incase something happened could be more then you bargained for.

+1

[Mike.357]

I dunno what your line of work is, maybe that has bearing.

But I am not being an armed guard in buddies bar. If I need to have a gun to go somehwere I don't go.

Just saying

[dariks]

Wouldn't the best solution be for your friend to carry? That way there's no question about owners agent or such.

[Smith]

You don't have to have a guard liscnese but you will still have to have a HCP to carry a handgun. This allows you to carry where alcohol is served if OK'd by the owner and under his employment. My brother owns a restraunt and we have had this clarified by LE. Maybe not the best source, but they would do the initial arresting.

[Raoul]

or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

Seems like that's the answer to your query.

Ask a lawyer.

[Guest Crack_Shot]

As I suspected, I wouldn't get anything clear cut, but thanks for the answers.

Wouldn't the best solution be for your friend to carry? That way there's no question about owners agent or such.

He's a prohibited possessor.

I would be an employee of the owner.

[Oh Shoot]

As I suspected, I wouldn't get anything clear cut, but thanks for the answers...

Jeez, you don't think the statute is crystal clear?

How unusual.

- OS