Search Results for armed guards working in bars

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January 12th, 2016 by Texasnews

Can armed security guards provide service in a night club or bar? That has been a question floating around the security guard industry for many, many years. Some guard companies have declined business because of this; some companies have been reported because of this; even law enforcement was unsure if and how to enforce this.

Texas Penal Code section 46.02 (a-2) (c ) Unlawful Carry of Weapons: An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

However…

According to Merideth Muñoz, TABC Information Officer, the Security Laws Texasfollowing code overrides and provides an exemption to security against being in violation of TPC 46.02.

 

Can armed guards work in clubsIs it Legal for Armed Security Guards to Work in Clubs?

Texas Penal Code Sec. 46.15. NON-APPLICABILITY

(a) Sections 46.02 and 46.03 do not apply to peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer’s duties while carrying the weapon.

(a) [amended 9/1/97] Sections 46.02 and 46.03 do not apply to:

(1) peace officers and neither section prohibits a peace officer from carrying a weapon in this state, regardless of whether the officer is engaged in the actual discharge of the officer’s duties while carrying the weapon;

(b) Section 46.02 does not apply to a person who: Private Property

(2) is on the person’s own premises or premises under the person’s control , the person is an employee or agent of the owner of the premises and the person’s primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);

 (5) holds a security officer commission issued by the Texas Board of Private Investigators and Private Security Agencies, if:

(A) the person is engaged in the performance of the person’s duties as a security officer or traveling to and from the person’s place of assignment;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;

(7) holds a security officer commission and a personal protection authorization issuedArmed security in bars

by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon’s Texas Civil Statutes); or

(8) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises.

 And there you have it in Black and White!

It is NOT a violation…  

Legal for armed guards to work in barsArmed security guards can legally provide service in a night club or bar.

Bar or Night Club Owner: Still Apprehensive?

Not sure if TABC will cancel your permit for allowing firearms in your bar or club, (which is normally a violation)?

Sec. 11.61 CANCELLATION OR SUSPENSION OF PERMIT

(e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises.

This subsection does not apply to a person:

(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:

(A) the person is engaged in the performance of the person’s duties as a security officer;

(B) the person is wearing a distinctive uniform; and

(C) the weapon is in plain view;

No worriesNo worries…

Your bar is covered and protected, and the “licensed, armed security guard” is protected as well under these codes.

With that said: what are you waiting for… 

SRS is more than happy to service your bar, club or event, trouble-free; our security officers can legally work inside your bar or club with NO violation at all. Give us a call now!