A cop with an attitude (or even a private citizen) can do anything they want to make your life miserable by causing you to lawyer-up to prove your innocence. Don’t add alcohol in any amount to the mix.
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Agreed. Yes, it would be up to the officer to make a case out of it. Thankfully I live in south TEXAS and the air down here is filled with CONSTITUTIONAL FREEDOM and COMMON SENSE for the most part.
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I don’t drink at all when I carry, which is most days. Not just for lawful reasons, but if I drink, I’m lowering my ability to be aware of my surroundings
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This is why I believe it is vitally important to stand up against laws that treat people who are exorcising their constitutional rights differently than everyone else. If we have a drink can we not speak our minds or exorcise our religion? Words spoken by people under the influence can often lead to violence. Shouldn’t violence be prevented at all cost?
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I returned from Vietnam February 1970 and a terrible drinking problem returned with me. In October 2007 my doctor diagnosed me as diabetic and told me that I had to stop my drinking and lose weight, I weighed 202 pounds, In October 2007 set the bottle of Tanqueray Gin down and have not picked it up again. This morning I weighed 147 pounds. Booze on any amount (e.g. one beer) and firearms do NOT go well together. Law Enforcement will not look positively upon the discharge of a firearm with ANY alcoholic beverage in your system!!! Sincerely, Tuck
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Hmm that #5 is very interesting, because throughout this discussion I’ve been assuming that any potential firearm use would be in a self-defense situation, as opposed to just a drunken negligent discharge. But there’s still a significant amount of judgment involved in determining whether such force is justified, as well as the motor skills involved in exercising that force. But the way I read that, it almost sounds like you’re exempt from being charged, at least under that section, if a self-defense situation does arise. But what if it is in fact a justifiable force situation, but you miss the attacker and shoot an innocent bystander because you’re drunk? Perhaps there’s another section to address that, or does that get one off the hook?
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I totally agree with you. I always have a drink when I go out to eat. But drinking has an impact on one’s judgment, so, either no drink or leave the gun at home and have a designated driver, which I have.
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- § 39-17-1321
Tennessee Code Title 39. Criminal Offenses § 39-17-1321
Current as of January 01, 2020 | Updated by FindLaw Staff
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(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 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)(1)(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 , such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
Read this complete Tennessee Code Title 39. Criminal Offenses § 39-17-1321 on Westlaw
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If you are seen by a LEO outside of your home and have a permit in Tennessee, you just gave them grounds/reasons to stop you leaving a restaurant or bar because your permit is connected to your license here. So all they have to do is run your plate.
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Excellent post, Brother Lu-can. Makes it pretty clear where Tennesee stands. Might be a good idea to apply these statutes to other states, regardless of the other states statutes. Simply put- DON’T DO IT!
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I would be curious to hear on of our USCCA Attorneys give his or her input. Their input and advice would for me, be the end all, be all to this entire topic and conversation.
Any takers?
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@Frank73 - I’m aware of just one attorney who participates in the forum… and he’s licensed to practice in Kentucky.
I’m just saying that free legal advice is hard to come by, even here.
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Personally, I think the correct answer has been given many times over. I was just thinking out loud about what my personal attorney would tell me if I asked her that question. After the eye-roll that I would witness, I would probably get an answer like: “You do realize that you’re only going to make my job in court even tougher!”
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I understand your question. Having a beer, or two, and carrying are always a concern for me. I’ve adopted the attitude that unless it comes to protecting my loved ones or an active shooter, the best thing for everyone involved is for me to be a good witness.
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Seems like it might get you off the hook for being charged under this specific law but would not protect you from the many other laws you could be charged with or the potential civil suites.
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Your question is State law specific, to begin with. Regardless of your personal preferences. As someone else said, check with your State Police and get specific answers, with specific written laws as references. Never leave your freedom to hearsay, written law only.
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Your right in keeping ammo away from gun, as long when getting stop and your not drunk and there in trunk and reg to you, you should not have any trouble as a hunter does the same thing, each state is a little different just go to the nearest Police Station and just ask them, I am a retired Police Chief and that would not brother me, Bob
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Thanks. Not sure you will allow this announcement even though I’m not selling, but: If brothers/sisters in this community would like a FREE 4-day handgun/rifle/shotgun self-defense firearms course ($2,000 value), all they have to do is get in touch with me through this site for the details. I will totally cover the course fee and work with them on a couple other course requirements, e.g., background check and gun rental if needed. They’ll essentially just have to take care of their travel costs and ammo. This is a legitimate offer to members and extended family, whatever level of experience they may have. I reserve the right to rescind this offer at will.
Tony
(US Army, JointSpecOps and IC, Retired)
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