by falcon1 » Thu May 28, 2009 9:31 pm
TCA 39-17-1305 does not apply to law enforcement officers on duty:
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.
[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]
ETA: I just saw the other thread on this issue...eating a meal during one's shift would, in my non-attorney opinion, definitely still be considered "in the line of duty." If a drunk were to crash into a fast-food restaurant and injure the officer, would one contend that departmental insurance should not cover the injury, since eating lunch wasn't an "official duty?"