So to start off I am aware that it is illegal, a misdemeanor, to carry a firearm while intoxicated in TN. I always observe this law, however, something happened on Saturday night that really got me thinking.
Saturday night I was out getting drinks with co-workers, unarmed. I was by no means plastered, but I was feeling the effects. I was with one male and one woman. A homeless man stopped us as we were walking along and put a hallmark card in the hand of the male and the female co-worker. The girl kept walking, me and the guy stopped to talk to him for a moment. The guy handed him a $5 and then tried to bid him good day, but as soon as the money was in his hand he turned around and started yelling at the girl. He said "That ain't free b****" and started walking after her very aggressively, calling her all sorts of derogatory names and threatening to "teach her a lesson". Me and the guy got in between him and the girl and tried to talk him down. He kept going, and continued to call the girl derogatory words that don't need to be repeated. The girl finally had enough and told him to shut up. As soon as she said this he pulled out a knife and wielded it saying he just got out of jail and didn't mind to go back.
Fortunately there were other people there, I was able to pull the girl back, my friend came with me, and he lost interest in us. However, that got me thinking. What if instead of out in the open we were in an alley? What if he wasn't interested in making a show and immediately went for the kill?
Obviously no one here can recommend anyone else break the law. I'm asking, hypothetically if, in that situation I was armed and defended myself would I face any charges other than the misdemeanor carrying while intoxicated? Can you have any right to defend yourself if you're intoxicated and breaking the law by carrying?
TN law 39-11-611 reads as follows, making me think that there is no way to justify self-defense while intoxicated, at least in public.
However, I found an interesting case, where it appears that the condition of intoxication does not revoke the right to self-defense, but instead requires that one attempt to retreat before employing force. If there is anyone here who is more familiar with law and legality to expand upon that, that would be awesome.
http://www.tsc.state.tn.us/press/2017/11/21/supreme-court-reviews-use-self-defense-when-engaged-unlawful-activity
http://www.tsc.state.tn.us/courts/supreme-court/opinions/2017/11/21/state-tennessee-v-antoine-perrierInsert other media