Armed and under the limit.

[Guest Todd@CIS]

How I handle it (and my officers).

If you can be charged with an alcohol / drug offense (public intox, DUI, etc.), then having the gun could add an additional charge.

If you can't be charged with one of those offenses (had a drink or two), then having the gun doesn't change anything and you wouldn't be charged with anything gun-related.

That said, please don't take the above as me advocating drinking alcohol and carrying guns.

Edited February 16, 2010 by Todd@CIS

[Fallguy]

How I handle it (and my officers).

If you can be charged with an alcohol / drug offense (public intox, DUI, etc.), then having the gun would add an additional charge.

If you can't be charged with one of those offenses (had a drink or two), then having the gun doesn't change anything and you wouldn't be charged with anything gun-related.

That said, please don't take the above as me advocating drinking alcohol and carrying guns.

Almost makes sense......

[safeandsecure]

Coffee or sweet tea, just to be on the safe side. Easy enough decision, for me, at least. I have enough troubles without inviting any more. And, while I've never had a really bad experience with any LEO anywhere in Tennessee, I have run into one or two that had an attitude ... just like in any other profession. So, to my mind at least, better safe than sorry. Don't know the legal aspects, so JMO.

[Guest 270win]

I'd have to agree with previous posters that the law is gray...and just as I said earlier it seems that you can be arrested in TN for DUI when under .08 just like in other states....so that would imply that you could be 'under the influence' when carrying a handgun OR driving after having ONE drink...IF you are a lightweight and don't hold your liquor well even though you are under .08. Alcohol hits each person different. Some people can be publicly intoxicated by just having one drink....yelling...causing a commotion...thus subject to arrest.

The law does not prohibit drinking alcohol or it would state that. Technically, I am legal drinking at a PRIVATE CLUB or a friend's home while carrying my handgun as long as I do not become under the influence. If I like to drink like a fish or become light headed when drinking with my friend at his home...I need to leave the gun at home. The law does not prohibit taking RX medicines or it would state that. It does that that you cannot be under the influence....which means you can't be 'controlled' by alcohol or medicine. If you are...you don't need to sign legal contracts, carry guns, hunt, drive, or get married to ugly women!

Edited February 15, 2010 by 270win

[Guest db99wj]

I'd have to agree with previous posters that the law is gray...and just as I said earlier it seems that you can be arrested in TN for DUI when under .08 just like in other states....so that would imply that you could be 'under the influence' when carrying a handgun OR driving after having ONE drink...IF you are a lightweight and don't hold your liquor well even though you are under .08. Alcohol hits each person different. Some people can be publicly intoxicated by just having one drink....yelling...causing a commotion...thus subject to arrest.

The law does not prohibit drinking alcohol or it would state that. Technically, I am legal drinking at a PRIVATE CLUB or a friend's home while carrying my handgun as long as I do not become under the influence. If I like to drink like a fish or become light headed when drinking with my friend at his home...I need to leave the gun at home. The law does not prohibit taking RX medicines or it would state that. It does that that you cannot be under the influence....which means you can't be 'controlled' by alcohol or medicine. If you are...you don't need to sign legal contracts, carry guns, hunt, drive, or get married to ugly women!

Anyone ever dropped by a friends house for a minute, say on the way home from work, he offers you a beer, you drink it, head home for dinner....would you disarm? Not saying this has ever happened to me, but this is purely hypothetical.

With that question posed and the answers here, it is seemingly likely that if in fact you were pulled over, it would be up to the officers discretion whether or not you would be making a detour for awhile, or continuing on home.

[Guest 270win]

If I have a drink, I will visit for a while. By the time I drive, even that one drink will not matter. No I don't take my gun home or put it in my car when I have a drink at a friend's house. This is the reason I thought it was silly that the off duty LEO provision for police to carry in establishments that serve stated that they couldn't drink and that we couldn't either....adding a law where one is not needed. Public intox, DUI already handles those problems. If the state is that afraid...then the state needs to cut out driving for anyone having ANYTHING to drink at a restaurant or bar.

[Fallguy]

The law is not really grey, the law is fairly clear, if you are under the influence you are violating the law.

The "variable" is what will the officer consider under the influence and how will he determine it.

[Smith]

The law is not really grey, the law is fairly clear, if you are under the influence you are violating the law.

The "variable" is what will the officer consider under the influence and how will he determine it.

You know, for those that claim the BAC is not fair due to differences in size ability, etc this may be one of the fairest laws we have concerning handguns or alchohol. Just sayin!

[Guest broncobuddha]

Something else that I haven't seen mentioned yet.

If you have been drinking but are below .08 and you're driving and/or carrying a firearm, the LEO may make the determination that you're not under the influence and you're fine.

However, if under the same BAC/scenario you either have an accident or have to use your weapon in self defense, the game changes big time.

Don't think a DA won't light you up like a Christmas tree in either case.

[aquaman67]

Well i read some of the post here not all of them though, this is my opinion on the subject and from what happened to me on Saturday night.

I went to a wedding on Saturday night, there at the wedding I had 4 beers left around 11pm. The wedding was about an hour away from Nashville. I drove my date back to her place. The headed home, I always have at least one handgun in my truck whether it be my carry weapon smith and wesson sigma, or a .32 h&K ?(that stays in my truck) I was pulled over on the way home about 2 mile from my dates apartment. 42 mph in a 30 time was about 12:30 am. the LEO came to my window I already had my license and hcp out for him. he asked where my hand gun was i told him under my console. then asked me where i was coming from, explained from a wedding and droped my date off, he asked if I had be drinking I told him what I drank at the wedding which was about an hour and a half before the stop. he then asked me to step out of the truck. I went through a field soberity test. Now remember it was around 33 degrees on saturday night I was cold and nervous about being pulled over, walked the line followed the pen and stood on one foot and counted, he then asked again how many I had drank, Then said there was suspesion i was "under the influence" so he cuffed me sat in the back seat of the car and took a beathalizer, which was about 25 min after I was cuffed, I then blew a .02, was uncuffed and not ticketed in anyway free to go home, only thing i got was sore wrist from sitting with the cuffs on my hand in the backseat of the car .... so if there is a law for under the influence and carrying i would think its the legal limit just like dui at .08 or the police officer was giving me a break you decide?

Let's say instead of getting pulled over, something happens along the way and you end up using your weapon in self defense.

You don't kill the guy, but he's paralyzed from the chest down.

You tell the cop the same story at the scene and you blow the same .02.

The guy sues you.

This is not a criminal trial but a civil one.

I've said this in another thread but it also applies here.

What is "under the unfluence"?

It's what the other guy's lawyer convinces the jury it is...

Just something to think about...

[daddyo]

Just ain't worth the risk...