Having a handgun while under the influence is a big deal in Tennessee and carries big consequences. Legal statutes prohibit the possession of handguns while consuming alcoholic beverages, particularly in establishments where such beverages are served. Whether you own a gun for personal protection or recreation, you need to know the laws surrounding firearm possession when you have been drinking or using drugs. It is illegal to possess a gun while consuming any alcoholic beverage, especially within public venues where such drinks are available, and breaking these laws can get you jail time, fines, and losing your carrying rights.
In this blog, we will go over the key points of Tennessee’s laws on having a handgun under the influence, including prohibited situations, penalties, legal defenses, and things to consider as a gun owner, with guidance on why you need to hire an experienced Nashville gun crime attorney.
Tennessee Law: Handgun Possession Under the Influence
Tennessee has strict laws on carrying handguns, especially when the person is under the influence of alcohol or a controlled substance. These laws are to ensure public safety and minimize the risks of impaired judgment while armed.
Handgun Definition
In Tennessee, a handgun is defined as a firearm with a barrel length of less than 12 inches that can be fired with one hand. This definition is important because it distinguishes handguns from other types of firearms that may have different laws.
Tennessee Code 39-17-1321
Under Tennessee Code 39-17-1321, it is illegal to have a handgun while under the influence of alcohol, other alcoholic beverages, controlled substances, or any controlled substance analog. This includes illegal drugs and certain prescription medications that can impair your ability to safely handle a firearm. Even with a valid permit, you are subject to this restriction.
Permits Don’t Exempt You
Having a valid handgun carry permit, whether for open or concealed carry, doesn’t protect you if you get caught carrying a handgun while intoxicated. Tennessee law doesn’t provide any legal defense for permit holders who violate this rule.
Specific Prohibited Situations
Tennessee law outlines specific situations where carrying a gun is strictly prohibited when it involves alcohol or drugs.
Under the Influence of Alcohol or Drugs
It is illegal in Tennessee to possess firearms, including a handgun, if you are under the influence of alcohol, illegal drugs, or certain prescription medications. Impairment by any substance that affects your judgment or motor skills makes it illegal to carry a firearm. This is a Class A misdemeanor and carries jail time and fines. The law is to prevent reckless behavior and to make sure firearms are not handled carelessly when someone is impaired. Gun-related crimes, such as possession of a handgun while under the influence, are serious criminal offenses that require a skilled defense attorney to navigate the complexities of the legal system.
Carrying a Firearm in Places that Serve Alcohol
Tennessee law also prohibits carrying a handgun into places that serve alcohol, such as bars or restaurants. The term ‘alcoholic beverage listed’ is used within legal statutes to define offenses associated with the possession of firearms in environments where alcohol is served. Even if you’re not intoxicated yourself, bringing a firearm into these establishments while you’re consuming alcohol is illegal. The risks of mixing alcohol and firearms, especially in public places, are big. Violations can get you the same penalties as having a handgun while intoxicated, including fines, jail time, and suspension of your handgun permit.
Penalties
Having a handgun while under the influence of Tennessee’s laws will get you serious legal penalties and long-term consequences.
Jail Time
A conviction for having a handgun while under the influence is a Class A misdemeanor, with the punishment authorized including up to 11 months and 29 days in jail. The length of the sentence will depend on the circumstances of the offense and any prior criminal history you may have.
Fines
In addition to jail time, you may face fines of up to $2,500. The fines are to be a deterrent and a financial consequence for reckless behavior while armed.
Handgun Permit Suspension
A conviction requires the surrender of the individual’s handgun permit issued under legal statutes. If the violation occurred in a place that serves alcohol, such a permit can be suspended for up to 3 years. The offender will not be able to carry until the suspension period is over and all conditions, including fines and probation, are satisfied.
Loss of Carry Rights
After a conviction, you will lose your right to carry a handgun until you have completed all the terms of your sentence. This includes serving jail time, paying fines, and fulfilling any probation. Only after you have completed all those conditions can you apply to have your handgun carry permit reinstated.
Legal Defenses
Defending against charges of possessing a handgun while under the influence requires a strong legal strategy. Several common defenses may be employed depending on the circumstances of the case.
Challenge the Stop, Search or Arrest
One defense is to question whether the police had a legal reason to stop, search, or arrest the individual, especially considering both state and federal laws governing the possession of firearms. Law enforcement must have probable cause or reasonable suspicion to make an arrest. If the stop or search was illegal, the defense may file a motion to suppress any evidence obtained during the illegal stop, which could get the charges dismissed.
Challenge the Blood or Breath Test
Another defense is to challenge the breathalyzer or blood test. These tests can be flawed due to improper calibration, machine malfunction, or operator error. External factors like medical conditions or medications can also give false results. By questioning the test results, the defense can weaken the prosecution’s case.
Medical Conditions or Medications
Some medical conditions or prescribed medications can cause symptoms that look like intoxication, such as slurred speech or impaired coordination. A defense attorney can present medical evidence to show that the symptoms were due to a medical condition, not intoxication. This can create reasonable doubt and get the charges reduced or dismissed.
Considerations For Tennessee Gun Owners
Tennessee handgun owners need to be aware and be careful to comply with the laws, especially when it comes to carrying a handgun while under the influence.
Safety and Responsibility
Handgun owners have to be responsible with their firearms at all times. Knowing the risks and consequences of having a handgun while under the influence is crucial. Even when you feel in control, impairment can cloud your judgment and lead to bad outcomes. Compliance with the law will keep you and the community safe.
Legal Consequences
Tennessee laws are clear: having a handgun while under the influence of alcohol or drugs has serious legal consequences, especially if you have a permit issued pursuant to legal statutes concerning firearm possession. This includes jail time, fines, and loss of handgun carry rights. These consequences can affect your personal and professional life. Handgun owners need to know the laws and the severe penalties for non-compliance.
Get Legal Help When Charged
If charged with having a handgun while under the influence, you need to get legal representation ASAP. An experienced attorney can evaluate the case, find defenses, and work to minimize the legal consequences. Addressing the charges proactively with legal help is the best way to protect your rights and navigate the system.
Consult With an Experienced Nashville Gun Crime Attorney Today!
If you’re facing charges for possession of a gun under the influence, it’s crucial to have skilled legal representation on your side. Our team at Byron Pugh Legal has extensive experience defending clients against gun-related offenses in Tennessee. We understand the complexities of these cases and are committed to protecting your rights and achieving the best possible outcome.
Contact us at 615-255-9595 for a free consultation today!