Legal Question?

[Guest betobeto]

Ok I've got a question about the legality of carrying in a business that serves alcohol. I know you can't carry if you are a customer. But can you, if you own the establishment or work there?

[EMTRN]

Yes

[Guest betobeto]

Where should I look to find the law regarding this "YES". Is yes a fact or a guess? I'd like to know so I don't end up in cuffs or have my permit revoked and gun taken.

[EMTRN]

You can do a search for TN gun laws. As a business owner, you can carry in your business without a permit. I will have to search but I believe if you are an employee authorized by the owner to carry, than you are legal. It is all in TCA 39-17-1351.

[Marswolf]

http://michie.lexisnexis.com/tennessee/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=tncode/112da/11cd2/1201e/12058

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.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]

http://michie.lexisnexis.com/tennessee/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=tncode/112da/11cd2/1201e/12058

[EMTRN]

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.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]

[EMTRN]

Dang it mars!

[Marswolf]

Dang it mars!

I had to post it in a hurry. I was afraid you'd beat me to it.

[Guest betobeto]

Thanks for the help, thats what I was looking for.

[Fallguy]

Dang it mars!

I had to post it in a hurry. I was afraid you'd beat me to it.

Guess I'm way behind today...

[Guest shadow12]

So if you read this law the way it is written, anyone hired as a bouncer can carry a firearm inside a bar. Even if this person has had zero training, never touched a pistol, and is dumb as a post.

But you who have trained and carried a pistol for years better not carry into Applebees, and drink a coke. And I better not carry when I go to get lunch even on duty as a LEO, because I am not in the discharge of my offical duties.

How I love the politicians that write these laws.

[EMTRN]

I'm on duty when I am eating lunch. Just don't go out of service!

[Guest betobeto]

So if you read this law the way it is written, anyone hired as a bouncer can carry a firearm inside a bar. Even if this person has had zero training, never touched a pistol, and is dumb as a post.

But you who have trained and carried a pistol for years better not carry into Applebees, and drink a coke. And I better not carry when I go to get lunch even on duty as a LEO, because I am not in the discharge of my offical duties.

How I love the politicians that write these laws.

LOL, sounds something to that effect.

[Fallguy]

I'm on duty when I am eating lunch. Just don't go out of service!

Although no LEO would ever charge another with it....the law actually says "...in the discharge of their duties", not simply "on duty".

I have always taken that to mean inside taking a report or responding to some type of call for assistance, not simply eating lunch.

[Punisher84]

Although no LEO would ever charge another with it....the law actually says "...in the discharge of their duties", not simply "on duty".

I have always taken that to mean inside taking a report or responding to some type of call for assistance, not simply eating lunch.

The way this was explained to me was that by being on duty and in an establishment the officer is doing a "wellness check" and just happens to have a bite to eat while checking things out. Whatever works for ya...

[Guest sermon8r]

The way this was explained to me was that by being on duty and in an establishment the officer is doing a "wellness check" and just happens to have a bite to eat while checking things out. Whatever works for ya...

Metro Officers have a card that states they can go armed both on and off duty.....

(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.

Id make sure that applies to you in any business you are employed

[Marswolf]

(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'd say that the realistic definition of that phrase is that the business owner says it is OK to carry the gun.

[Fallguy]

The way this was explained to me was that by being on duty and in an establishment the officer is doing a "wellness check" and just happens to have a bite to eat while checking things out. Whatever works for ya...

Sort of proving my point for me, huh?

I'd say that the realistic definition of that phrase is that the business owner says it is OK to carry the gun.

+1 It says "employee or agent of the owner" in addition to responsiable for protecting property and persons.

[jughead]

i saw one detectives card in my county that said he was authorized to carry at ALL times?

[Marswolf]

As far as I know, county detectives are not authorized to carry at all times.

It depends on the county, but retired detectives are authorized, with permit. Frankly, I'd doubt it. Liability would suggest that all Ex-LE or not on duty are not covered.

[EMTRN]

My department strongly suggests that all officers get a HCP.

[Schadenfreude]

So does this mean that you could carry at restaurants with outdoor dining as long as you didn't enter the building?

[Fallguy]

So does this mean that you could carry at restaurants with outdoor dining as long as you didn't enter the building?

If you could somehow get to the outdoor part without going through the inside, then Yes.

....and while it would be up to a judge to decided, I would say a covered, attached porch may count as within the confines.