(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 62-35-134

  • Contract: A legal written agreement that becomes binding when signed.
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
  • Registration card: means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state. See Tennessee Code 62-35-102
  • Sworn peace officer: means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality. See Tennessee Code 62-35-102
(1) It is unlawful for a person to knowingly employ as a security guard/officer an individual who does not hold a valid registration card of the appropriate type, except as provided in § 62-35-119(b).
(2) A violation of this subsection (a) is a Class A misdemeanor, punishable by fine only.
(3) The alcoholic beverage commission or a beer board shall suspend a license or permit for on-premises consumption, as applicable and in accordance with title 57, of a person for a violation of this subsection (a) for a period of one (1) month per violation. However, this subsection (a) does not limit the alcoholic beverage commission’s or a beer board’s ability to seek to revoke or summarily suspend the license or permit.
(b) It is unlawful for any contract security company knowingly to publish any advertisement, letterhead, circular, statement or phrase of any sort that suggests that the company is a government agency or instrumentality.
(c) It is unlawful for any security guard/officer knowingly to:

(1) Fail to return immediately on demand, or within twenty-four (24) hours of termination of employment, a firearm issued to the security guard/officer by an employer;
(2) Fail to return immediately on demand, or within seven (7) days of termination of employment, any uniform, badge, device, insignia, credential, keys or other item of equipment issued to the security guard/officer by an employer;
(3) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in the performance of the security guard/officer’s duties if not the holder of a valid armed security guard/officer registration card;
(4) Carry a firearm or facsimile of any firearm or item that may leave the impression that the security guard/officer is armed with a firearm of any type in performance of the security guard/officer’s duties if not authorized to carry the firearm;
(5) Make any statement that would reasonably cause another person to believe that the security guard/officer functions as a sworn peace officer or other government official; or
(6) Divulge to anyone other than the security guard/officer’s employer or to persons that the security guard/officer’s employer may direct or as may be required by law any information acquired during the security guard/officer’s employment that may compromise the security of any premises to which the security guard/officer has been assigned by the employer.
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