Fallguy

I can say for a fact that is not the case 100% of the time. I was stopped a few months ago. I was on the motorcycle so I was already "out of the vehicle" so to speak. As I was pulling over I was thinking of whether I was going to inform or not. I had thought about how many times on here I've said not to (at least in some situations) so I decided not to. He took my DL and went back to his car...from the amount of time I assumed he ran it, but don't know for sure, but regardless he came back gave my DL and my ticket (dismissed in court) and never said anything about firearms or a HCP.

I think Dave is checking on letting the OP close it like before, but until then you can do like LagerHead said

I wouldn't have it on my person period, regardless of loaded/unloaded, broken down or not...and be consuming.

In some states it is not illegal to consume while armed...for off-duty LEOs or permit holders. In TN it against the law for LEOs to be "under the influence" while armed.

The orginal question was about if he left the gun in the car....the part your quoting is if you are armed and inside at the same time.

First let me say I am not condoning mixing alcohol and firearms, but just to add… If you don't hand over your HCP or volunteer you're armed, how is the LEO going to know unless he asks? Also you notice the law only mentions "handguns" and not long guns, so apparently you can be sloppy drunk and have a rifle or shotgun and that is not a crime, other than whatever crime you may be commiting by the act of being intoxicated (DUI/PI) Oh and one last thing, there is an old AG opinion that says being in your home is not a defense to 39-17-1321. So even in your home, if you were "under the influence" and armed and for some reason had interaction with a LEO you could be charged. Don't you just love TN firearms laws?

Yeah...always a bit of difference between more populated areas and those that aren't. Sort of like when the restaurant bill was still being argued when it comes to alcohol and how the law treats beer and whiskey different. Lots of places around here that serve only beer, but not whiskey...but anyway. Hope it all goes through well....reports lately of people getting HCP in 2 weeks or so...

I was trying to post a law earlier and the software turned (b ) [without space] to ( and ( c) [again without space] to © I was able to take care of the b by doing a full edit and turning of emoticons, but couldn't see how to change anything for the c I'm all for special characters, but would like asked or choose if that is what I want or not.

One thing to remember many counties don't have full service stations....so those residents must go to another county to apply.

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, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance. ( 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)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and (2) Consuming any alcoholic beverage listed in subdivision ((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 ((1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years. AFAIK if the gun is in your car and you are inside, you are not violating 39-17-1321 even if you get sloppy drunk, so long as you don't go back to your car, but IANAL. My personal opinion, if you would be legal to drive you would be legal to be in possession of a handgun, but that is not stated as such in the law. 39-17-1321 is more like the Public Intoxication law...if the LEO, in his opinion, thinks you are "under the influence" you'll most likely go to jail, without any breath/blood test.

Agree.... I mean I sent the same message to each committee member other than changing their name. No need to change up something that applies.

What he said

Not sure who told you need to inform each state first, but that is incorrect. As far as knowing the laws of each sate, as already said handgunlaw.us is the best resource I've found.

On item 9 AFAIK they basically give a standard test and conduct an interview. Also not really sure what any consequences would be for missing anything.... On 8, not sure who determines what is "thorough", but I'm sure it's done to the Chief's or Sheriff's satisfaction....

No Problem. Here are some favorites of mine...

Fixed

FWIW I got the email about your new post...

Not really surprised by anything said....

I thought you were talking about shooting a barking dog at first....but are you asking about shooting a trespasser because your dogs are barking at him?

Then for correction officers see 39-17-1350(f)(1) The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is vested and employed by the department of correction, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.

Ok...found it... 38-8-106. Qualifications of police officers. Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall: (1) Be at least eighteen (18) years of age; (2) Be a citizen of the United States; (3) Be a high school graduate or possess its equivalent, which shall include a general educational development (GED) certificate; (4) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances; (5) Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States; (6) Have the person's fingerprints on file with the Tennessee bureau of investigation; (7) Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant; (8) Have a good moral character as determined by a thorough investigation conducted by the employing agency; and (9) Be free of all apparent mental disorders as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM-III) of the American Psychiatric Association. An applicant must be certified as meeting these criteria by a qualified professional in the psychiatric or psychological field.

I think LagerHead is the one on to something. First thing 39-17-1350 says is that no matter any other law a LEO can carry at all times.

Oops.....yes I do Not sue what I was thinking now... Sort of weird that TN law has a general law about the possession of a handgun by those under 18, but only issues permits to those 21 or older. But then again...lots of weird things about TN firearms laws...and laws when it comes to 18 and 21 year olds...

I'll go you one better....show me the TN law that says someone under 21 but over 18 can't carry a handgun. You are probably thinking of the Federal Law that restricts the sale of handgunds by dealers with a FFL to those 21 and over. The one TCA you may want to look at is 39-17-1319

I'm not sure about the email either. Old software and new I get emails sometimes...sometimes I don't. Have checked spam folder and not in there, have added the email address as never spam. So that being the case...at least in my situation, it doesn't appear to be the new software...but something else in between.