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

Legislative History

Amended by 2019 Tenn. Acts, ch. 479, s 16, eff. 1/1/2020. Acts 1994, ch. 943, § 10; 1997 , ch. 476, § 4; 2010 , ch. 1009, § 2; 2012 , ch. 848, § 22.