I was just wondering what the legal implications are for being under the influence of alcohol or drugs while having a loaded firearm on your person in the state of TN (AND you have a carrying permit from TN)?
DUI / DWI Attorney
I'm not licensed in TN, but if you weren't breaking any laws while you were intoxicated, I don't see that it would impact your concealed carry privileges. There is no law against getting drunk. The violations begin when you get drunk and do something that you can't legally do while drunk, such as drive, walk around down town causing a scene, etc, and certainly go waving your firearm around at people. You didn't mention that you were doing anything improper so it's a little tough to answer your question.
I am only licensed in the State of West Virginia. Comments offered in my answers are intended strictly for the purpose of sharing ideas that person asking a question may want to consider. Legal advice can only be given by an attorney licensed in your state and offered in the context of the attorney client relationship. No attorney-client relationship is offered or created by my answering this question.
Criminal Defense Attorney
Does your permit say anything about not being allowed to possess a firearm while intoxicated? My guess is you are ok (i'm not licensed in TN).
This general legal advice does not create an attorney-client relationship. Every case is individual and to have legal advice that you can rely on you need to talk to an attorney one on one, answer their questions, and hire them.
Personal Injury Lawyer
It is illegal to carry a handgun while under the influence of alcohol. It could cost you your permit as well.
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 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(1), 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 (
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
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