Saturday, June 2, 2012

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I know that they recently repealed the ban on carrying a gun in a place that serves alcohol, but they do have a ban on carrying a gun while drinking, right?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?


  1. 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.

    HISTORY: Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4; 2010, ch. 1009, § 2.

  2. 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.