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Tennessee law Prohibits Carrying a Gun While Drinking, Right?
I know that they recently repealed the ban on carrying a gun in a place that serves alcohol, but they do have a ban on carrying a gun while drinking, right? Can anyone find the appropriate citation?
39-17-1321. Possession of handgun while under influence -- Penalty.
(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.
(b) It is an offense for a person to possess a firearm if the person is both:
(1) Within the confines of an establishment 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 consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (b)(1).
(c) (1) A violation of this section is a Class A misdemeanor.
(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
Hmm. How does Tennessee define "being under the influence of alcohol"? Is there a minimum BAC or is it apparent impairment? A lawyer who specializes in defending DUI cases in California says that it is not illegal to drink and drive, it is illegal to drive with a BAC over .08. A difference that makes me wonder what Tennessee's definition of "packing under the influence" is.
39-17-1321. Possession of handgun while under influence -- Penalty.
ReplyDelete(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.
(b) It is an offense for a person to possess a firearm if the person is both:
(1) Within the confines of an establishment 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 consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (b)(1).
(c) (1) A violation of this section is a Class A misdemeanor.
(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
HISTORY: Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4; 2010, ch. 1009, § 2.
Hmm. How does Tennessee define "being under the influence of alcohol"? Is there a minimum BAC or is it apparent impairment?
ReplyDeleteA lawyer who specializes in defending DUI cases in California says that it is not illegal to drink and drive, it is illegal to drive with a BAC over .08.
A difference that makes me wonder what Tennessee's definition of "packing under the influence" is.