Possession of Handgun While Under Influence — Penalty

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  2. Tennessee Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety and Welfare
  5. Weapons
  6. Possession of Handgun While Under Influence — Penalty

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  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:
    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), or beer, as defined in § 57-6-102, are served for consumption on the premises; and
    2. Consuming any alcoholic beverage listed in subdivision (b)(1).
    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 or §  39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.


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