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Tenn. Code Ann. § 39-17-1321

Possession of handgun while under influence — Penalty

Applied in 2 court decisions — leading case State of Tennessee v. Guy Alvin Williamson (2012)

Most recently applied in 512 F. App'x 583 - United States v. Daniel Mohammed (January 2013)

Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4; 2010, ch. 1009, § 2; 2012, ch. 848, § 22; 2019, ch. 479, § 16.

(1) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.

(2) It is an offense for a person to possess a firearm if the person is both: Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and

(3) Consuming any alcoholic beverage listed in subdivision (b)(1).

(4) A violation of this section is a Class A misdemeanor.

(5) 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 or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.