Tennessee § 62-35-134 - Unlawful employments, publications and activities.

§ 62-35-134. Unlawful employments, publications and activities.

It is unlawful for any person knowingly to employ as a security guard/officer any individual who does not hold a valid registration card of the appropriate type, except as provided in § 62-35-119(c). 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. It is unlawful for any security guard/officer knowingly to: 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; 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; 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; 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; 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 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. Acts 1987, ch. 436, § 35; 1988, ch. 987, § 15; 1996, ch. 1009, §§ 15, 16; 2020, ch. 580, § 17. Amendments. The 2020 amendment substituted “security guard/officer” for “security officer” and “security guard/officer's” for “security officer's” in (c)(1), (c)(2), the first two occurrences in (c)(3), twice in (c)(4), and throughout (c)(6). Effective Dates. Acts 2020, ch. 580, § 19. July 1, 2020. Cross-References. Hiring armed guards without permit from governor, § 50-1-102 . Penalty for violation of section, § 62-35-136 . Attorney General Opinions. Statute requiring police officers to provide notice of their authority or grounds for arrest does not apply to security officers; however, a security officer must provide notice of the grounds of an arrest, OAG 03-018, 2003 Tenn. AG LEXIS 23 (2/19/03). Statute setting forth the grounds for arrest by private citizens governs arrests by security officers, OAG 03-018, 2003 Tenn. AG LEXIS 23 (2/19/03). Use of speed monitoring equipment by private security guards, OAG 03-088, 2003 Tenn. AG LEXIS 107 (7/15/03). Unless one of the exemptions listed in T.C.A. § 62-35-103 applies to the individual unarmed security guard, he or she is required to register with the department of commerce and insurance, OAG 06-146, 2006 Tenn. AG LEXIS 167 (9/26/06).