LOTS OF GUNS ALREADY IN BARS LEGALLY CARRIED BY CITIZENS
Posted: Tue Jun 09, 2009 11:22 pmFrom Retired Memphis Police Department Detective, Sergeant Jim Williams:
"Certain members of the news media, plus many politicians from the
Governor's mansion to county buildings to city halls are TOTALLY
WRONG when they believe that many everyday citizens are not
already LEGALLY carrying handguns in restaurants and bars.
======================================================
TCA # 39-17-1305: Carrying Firearms Where Alcohol is Served.
-----------------------------------------------------------------------------------
In fact, Tennessee Code Annotated # 39-17-1305(c)(2) specifically
adds the following persons to those authorized to carry firearms
in such restaurants and bars: "On the person's own premises,
or premises under that person's control, or who is the employee
or agent of the owner of the premises with responsibility for
protecting lives or property."
======================================================
This means the following were ALREADY legally empowered to carry
firearms in bars and HAVE done so wherever it is their policy to do so:
(1) The OWNER. There are bars in Memphis which have SEVERAL
partners, all part-owners of the bar, and ALL of them lawfully
can carry firearms any time they wish at their restaurant or bar.
(2) The MANAGER on duty, who runs the bar in the owner's/owners'
absence, especially at night and on weekends, when crowds
are likely to be the heaviest. He is the person "in control" then.
(3) The BOUNCER or security person(s) on duty, often selected
for the number of pounds they weigh, since their common duty
is to calm or eject disorderly customers.
While you may assume that any restaurant/bar has all these persons
on duty during business hours, working as a detective sergeant for
several years in downtown and midtown Memphis, I learned very
quickly that smaller bars which may have only 40-50 customers
(rather than larger clubs with 200 customers) may have only their
BARTENDER on duty in the entire bar. The owner has to get some
sleep at night, and they cannot afford a designated manager on duty
nor a designated bouncer or security person, so the over-burdened
bartender with rolled-up sleeves and a towel stuck in his pocket
has to perform ALL functions in the bar, running the place, making
drinks at the bar, and even having to personally eject (or "bounce")
those who could or do cause trouble.
By becoming the de-facto Manager on Duty AND the Bouncer (as
well as Bartender) in those smaller bars, we as Memphis Police
viewed the bartender as the person with the designated authority
to carry a firearm in the bar, sometimes having to protect waitresses
from drunks who would harass or even assault them. When it became
necessary for a bartender to employ his handgun in an emergency
protective action, we recognized the bartender as lawfully authorized
to carry the firearm he possessed for just such an event demanding
immediate, on-premises protection of himself, any servers, and
customers in need of defense from an out-of-control person,
especially if the assailant posed a risk of great bodily harm or death.
By the way, the only job category which on some occasions
we saw exceeding the use of necessary force was NOT owners,
managers, or even bartenders, but BOUNCERS. While it is
a demanding job in any bar, we periodically saw a bouncer
go way too far in doing so, such as ones I investigated firing a
warning shot to break up a fight or, worst of all, knocking a
customer unconscious with one blow from a baseball bat
to the patron's head. As the ambulance left with the victim from
the midtown bar, the bouncer (on his first day at his new job)
explained that he felt compelled to teach the customer a lesson
for a flirtatious remark he made to a young waitress (the waitress
thought the customer made no compliment she had not heard before).
Of course, the easily-embarrassed bouncer was charged with the
felony of Aggravated Assault for his baseball bat attack, which
in no way was legally justifiable.
Finally, those restaurant/bar managers and designated staff just
described meet NONE of the following tests before Tennessee law
allows all of them, separately or simultaneously, to carry guns in bars:
(1) NO background investigation of any kind;
(2) NO legal training in the use of deadly force;
(3) NO training in the safe and effective use of firearms;
(4) NO kind of state carry permit of any type is required.
Just being hired for that job at the bar meets the legal
requirements (which is NOTHING) to carry a gun there
Ironically, TN Handgun Carry Permit holders meet ALL these
criteria, yet are described as a great danger by people who
ought to know better. They should be ashamed of themselves.
There are lots of guns in Tennessee restaurants and bars now.
In fact, everybody listed above may be carrying a gun as we speak.
And, of course, ALL the criminals who wish will be carrying a gun
for the express purpose of violent crime against anyone they wish.
Only honest citizens ever obey the rules. Anti-gun media and
politicians fail to grasp this fundamental distinction somehow.
THIS EMAIL MAY BE DISTRIBUTED TO ANYONE WHO WOULD
RECOGNIZE THE BASIC FACTS IF THEY SAW THEM IN PRINT.
Jim"
"Certain members of the news media, plus many politicians from the
Governor's mansion to county buildings to city halls are TOTALLY
WRONG when they believe that many everyday citizens are not
already LEGALLY carrying handguns in restaurants and bars.
======================================================
TCA # 39-17-1305: Carrying Firearms Where Alcohol is Served.
-----------------------------------------------------------------------------------
In fact, Tennessee Code Annotated # 39-17-1305(c)(2) specifically
adds the following persons to those authorized to carry firearms
in such restaurants and bars: "On the person's own premises,
or premises under that person's control, or who is the employee
or agent of the owner of the premises with responsibility for
protecting lives or property."
======================================================
This means the following were ALREADY legally empowered to carry
firearms in bars and HAVE done so wherever it is their policy to do so:
(1) The OWNER. There are bars in Memphis which have SEVERAL
partners, all part-owners of the bar, and ALL of them lawfully
can carry firearms any time they wish at their restaurant or bar.
(2) The MANAGER on duty, who runs the bar in the owner's/owners'
absence, especially at night and on weekends, when crowds
are likely to be the heaviest. He is the person "in control" then.
(3) The BOUNCER or security person(s) on duty, often selected
for the number of pounds they weigh, since their common duty
is to calm or eject disorderly customers.
While you may assume that any restaurant/bar has all these persons
on duty during business hours, working as a detective sergeant for
several years in downtown and midtown Memphis, I learned very
quickly that smaller bars which may have only 40-50 customers
(rather than larger clubs with 200 customers) may have only their
BARTENDER on duty in the entire bar. The owner has to get some
sleep at night, and they cannot afford a designated manager on duty
nor a designated bouncer or security person, so the over-burdened
bartender with rolled-up sleeves and a towel stuck in his pocket
has to perform ALL functions in the bar, running the place, making
drinks at the bar, and even having to personally eject (or "bounce")
those who could or do cause trouble.
By becoming the de-facto Manager on Duty AND the Bouncer (as
well as Bartender) in those smaller bars, we as Memphis Police
viewed the bartender as the person with the designated authority
to carry a firearm in the bar, sometimes having to protect waitresses
from drunks who would harass or even assault them. When it became
necessary for a bartender to employ his handgun in an emergency
protective action, we recognized the bartender as lawfully authorized
to carry the firearm he possessed for just such an event demanding
immediate, on-premises protection of himself, any servers, and
customers in need of defense from an out-of-control person,
especially if the assailant posed a risk of great bodily harm or death.
By the way, the only job category which on some occasions
we saw exceeding the use of necessary force was NOT owners,
managers, or even bartenders, but BOUNCERS. While it is
a demanding job in any bar, we periodically saw a bouncer
go way too far in doing so, such as ones I investigated firing a
warning shot to break up a fight or, worst of all, knocking a
customer unconscious with one blow from a baseball bat
to the patron's head. As the ambulance left with the victim from
the midtown bar, the bouncer (on his first day at his new job)
explained that he felt compelled to teach the customer a lesson
for a flirtatious remark he made to a young waitress (the waitress
thought the customer made no compliment she had not heard before).
Of course, the easily-embarrassed bouncer was charged with the
felony of Aggravated Assault for his baseball bat attack, which
in no way was legally justifiable.
Finally, those restaurant/bar managers and designated staff just
described meet NONE of the following tests before Tennessee law
allows all of them, separately or simultaneously, to carry guns in bars:
(1) NO background investigation of any kind;
(2) NO legal training in the use of deadly force;
(3) NO training in the safe and effective use of firearms;
(4) NO kind of state carry permit of any type is required.
Just being hired for that job at the bar meets the legal
requirements (which is NOTHING) to carry a gun there
Ironically, TN Handgun Carry Permit holders meet ALL these
criteria, yet are described as a great danger by people who
ought to know better. They should be ashamed of themselves.
There are lots of guns in Tennessee restaurants and bars now.
In fact, everybody listed above may be carrying a gun as we speak.
And, of course, ALL the criminals who wish will be carrying a gun
for the express purpose of violent crime against anyone they wish.
Only honest citizens ever obey the rules. Anti-gun media and
politicians fail to grasp this fundamental distinction somehow.
THIS EMAIL MAY BE DISTRIBUTED TO ANYONE WHO WOULD
RECOGNIZE THE BASIC FACTS IF THEY SAW THEM IN PRINT.
Jim"