Tennessee § 39-17-1321 - Possession of handgun while under influence — Penalty.
Full text of Tennessee Tennessee Code Annotated § 39-17-1321 — Possession of handgun while under influence — Penalty., with citation guidance and answers to common questions.
§ 39-17-1321. Possession of handgun while under influence — Penalty.
Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, 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. It is an offense for a person to possess a firearm if the person is both: Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and Consuming any alcoholic beverage listed in subdivision (b)(1). A violation of this section is a Class A misdemeanor. 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 or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years. Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4; 2010, ch. 1009, § 2; 2012, ch. 848, § 22; 2019, ch. 479, § 16. Compiler's Notes. Acts 2010, ch. 1009 was repassed over the governor's veto on June 4, 2010. Amendments. The 2019 amendment, effective January 1, 2020, inserted “or § 39-17-1366 ” in (a) and (c)(2). Effective Dates. Acts 2019, ch. 479, § 22. January 1, 2020. Cross-References. Penalty for Class A misdemeanor, § 40-35-111 . Attorney General Opinions. Defense to prosecution under § 39-17-1308 not applicable, OAG 98-0151 (8/12/98).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 39-17-1321
What does Tennessee Code Annotated § 39-17-1321 cover?
Section 39-17-1321 ("Possession of handgun while under influence — Penalty.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 39-17-1321?
A common citation format is "Tennessee Code Annotated § 39-17-1321" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 39-17-1321 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.