Armed and under the limit.

[Guest robert83]

I am not sure what the law regarding this is but I am curious. Let's say you were out to dinner and had a couple of drinks. Because you knew you would probably have a few drinks you chose to leave your firearm in the car. On the drive home you get pulled over with a firearm on you. The cop determines you been drinking (maybe by smell) but you are under the legal limit. Can you get in any trouble for having alcohol in you system while in possession of a firearm while not being legally drunk?

[Guest 6.8 AR]

Probably would get in trouble if you were drunk enough to not realize you had your gun where he would find it(in the open) and had reason to stop you suspecting you were drunk;) Make sense? What's the legal limit? If you pass or fail a field sobriety test?

Speculation on my part, but I wouldn't want to put myself in that situation. I think I would hide the gun from view, and not have it on my person if I had to get out out the car. You're just giving someone a reason to make your life miserable.

[Guest robert83]

I was just wondering if there was a law on the books in tn saying that there was a no tolerance policy when it comes to having a firearm on you.

If you have alcohol on your system but are not drunk, You are under the legal limit. can you get in trouble?

[Daniel]

Straight from the TN Dept. of Safety website.

http://www.tennessee.gov/safety/handgun/handguntca.htm

Michie's Legal Resources

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.

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

[Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4.]

Translation is: DO NOT HAVE A FIREARM WHILE UNDER THE INFLUENCE.

[Erik88]

TN has a zero alcohol limit for HCP holders who are carrying. Now just because you leave the gun in your car doesn't mean it's okay. The only way I think you could avoid trouble is if the gun was unloaded and the gun and ammo were not easily accessible.

Some states allow permit holders to drink while carrying with a very low limit .02 I think. That basically allows you to have 1 drink and still be legal. I love to have a beer with dinner when I go out to eat so it would be nice if we could do that here but I doubt that will ever happen.

My advice: don't drink while you carry even if it's in your car. If you do, make your wife friend etc. drive home.

[Oh Shoot]

TN has a zero alcohol limit for HCP holders who are carrying. ...

It's grayer than that.

See above statute verbatim.

"under the influence" is not defined, like it is for DUI.

Cop's call. Then judge's call if cop charges you.

Unless you have to blow and reach .08 or whatever it is for DUI, in which case you're double hosed, I'd say.

I have yet to see a real test case on this.

The only zero tolerance in the gun statues was in the carry in boozy restaurants, where it stipulated no drinking at all. Although a penalty was not specified, so maybe they'd use the above mentioned statute for that. Another gray area, no test cases.

TCA is so clear, eh?

- OS

[Guest Drewsett]

Yes, I find all carry laws to be unconstitutionally vague and reccommend they be ruled thusly, creating legal precedent and abolishing all laws pertaining to a citizen's right to keep and bear arms.

The 2nd is clear enough to me without all the Brady crap heaped in

[Smith]

I think the understanding in TN is that while carrying there is a zero limit. Although it is gray I would feel pretty certain the AD and prosecutors are going to interpret it that way, especially given that the restaurant carry law frames it that way.

[daddyo]

When I made the decision to carry, I gave up alcohol. Didn't want to take any unnecessary risks.

My opinion is that it's just part of being a responsible gun owner, plus I just don't have to worry about it.

[DWARREN123]

If you drink then seperate the gun and ammo to keep from falling thru a crack and possibly getting into trouble.

[rentalguy1]

If you know you're going to drink at the restaurant, then leave your gun at home. If you didn't realize you wanted a drink until you were there, then you will have to man-up and not drink because your gun is in your possession. The law is so vague that I wouldn't want to even attempt it. One beer is not worth my HCP permit, money for fines and a lawyer, and my time. I don't fall into the "break it down and store it separately," camp. A LEO in a cash strapped jurisdiction could find a way to charge you, and then you'd have to spend your money and time trying to overturn the charges in court, where the judge will most likely side with the cop anyway, because he knows they need the money...

[Mike.357]

you have to decide what is more important, being out drinking or your defensive handgun.

It's an easy choice.

[oldogy]

Easy choice, don't go there.

oldogy

[Guest Al56]

It's real easy for me. Whats more important to me,,, a beer or to be able to carry a gun. I love carrying my guns:)

[Guest Broomhead]

If it is in your system, then you are under the influence. Alcohol has an effect on your system no matter what your blood/alcohol level is.

Choose to drink or choose to carry, just don't do both.

[Guest 270win]

It depends on what the 'system' determines 'under the influence' to be in the city/county you are charged in. There doesn't seem to be a definite standard for possession of a handgun while under the influence in TN as clear as say .08 or .10 for DWI. Even then, you can be charged for DWI in many states for a BAC under the 'legal' limit if you appear to be intoxicated.

Some folks may be under the influence of alcohol from one drink......some a half pint of whiskey. The law does not strictly say you cannot consume alcohol...it says you cannot be 'under the influence'. I would like to see real case law on this one on how intoxicated people were who were convicted under this statute.

To play it safe with such a gray law, just drink at home. TN seems to have a real hang up with alcohol in more ways than one. When the law is written that off duty police can't have A DRINK while carrying in a place that serves....you know the state has a problem with liquor.

[gregintenn]

I wouldn't want to be "the example" the courts tried to make regarding this law.

[Guest clownsdd]

Interesting,

I would think that if you consume booze while carrying you are in violation of the law, and would be subject to fine & revocation of HP.

However, what happens if used in a manner to legally (aside from the booze) defend yourself or another, what might the outcome be?

[Oh Shoot]

Interesting,

I would think that if you consume booze while carrying you are in violation of the law, and would be subject to fine & revocation of HP.

However, what happens if used in a manner to legally (aside from the booze) defend yourself or another, what might the outcome be?

Statue clearly says you wouldn't be charged with any of the various handgun carry violations.

- OS

[Guest db99wj]

Went out for Valentines Dinner last night with my wife at Sharky's here in Memphis. They had a dinner for two that included a bottle of wine. I kept the XD at home. If I am going to be out and having a drink, which I do on occasion, I leave it at home. It's a choice that you have to make for yourself. There seems to be no case law, or first hand experience from us on this, I wouldn't want to be the case study.

As mentioned, Under the Influence isn't really defined, it appears to me more of a judgment call. Even if you are deemed Not "under the influence", there could be a lot of inconvenience coming your way until the decision is made.

[Guest clownsdd]

From what I can understand, the statute does not mention alcohol. Kind of a grey zone.

[Guest db99wj]

From what I can understand, the statute does not mention alcohol. Kind of a grey zone.

Yea, I think they do that to include other things like drugs.

[Guest clownsdd]

Where are the dang lawyers when ya need 'em????

[Oh Shoot]

From what I can understand, the statute does not mention alcohol. Kind of a grey zone.

Yea, I think they do that to include other things like drugs.

Wow guys, all you have to do is READ the thang, ya know?

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.

- OS

[Guest db99wj]

Wow guys, all you have to do is READ the thang, ya know?

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.

- OS

We know that part, but what does "under the influence mean? Any at all, a sip, depends on the person, 3, or do you have to blow .? or other. It appears there is no definition of what it is other than it would be up for interpretation from the LEO, then ultimately the judge.