Posession of a Handgun Under the Influence

In Tennessee, possession of a handgun under the influence refers to carrying or possessing a firearm while impaired by alcohol, drugs, or any other substance that affects your ability to operate a firearm safely. This is illegal and can lead to serious legal consequences. I am seeing this charged more and more as of the posting of this page (Spring 2025).  Here’s an overview of the offense and why it’s important to consult with a criminal attorney if you face charges.

Overview of the Offense

• Tennessee Law (TCA 39-17-1321): It’s a criminal offense to possess or carry a firearm (including handguns) while under the influence of alcohol, drugs, or any controlled substance. This law is in place to prevent dangerous situations where someone who is intoxicated may use a firearm recklessly or negligently.
• Penalties: The penalties for this offense can be severe, including fines, imprisonment, and the potential loss of firearm rights. If someone is convicted of carrying a handgun under the influence, they can face misdemeanor or felony charges depending on the specifics of the case.

Why You Need a Criminal Attorney

• Expert Legal Guidance: A criminal attorney can evaluate the circumstances surrounding the charge, such as whether the person was truly under the influence and if there was a valid reason for carrying the firearm.
• Building a Defense: A skilled attorney can develop a defense based on factors such as the level of impairment, whether there was probable cause for the arrest, or whether the police followed proper procedures during the arrest.
• Negotiating Plea Deals: If the case is strong against the defendant, an attorney can negotiate for a plea deal or lesser charges, reducing the potential consequences.
• Protecting Your Rights: An experienced attorney will ensure that your rights are protected throughout the process, including challenging evidence and questioning the legality of the stop or arrest.

Key Points to Consider

• Impairment Level: The law doesn’t specify a certain blood alcohol concentration (BAC) level for firearms; impairment is assessed on a case-by-case basis.
• Potential Defenses: Defenses could include insufficient evidence of impairment, a valid need for carrying the weapon, or a lack of knowledge about the firearm’s presence or use.

Did the officer do any field sobriety testing?

PROBABLY NOT! In most cases I defend, the police officer does not even do a minimal field sobriety test.  The rely ONLY on the smell of alcohol in most cases and do not ever (in my experience) ask for breath or a blood test.  In my opinion, the State has a VERY high burden to prove beyond a reasonable doubt that a person is intoxicated based only upon a smell.  In fact, the police officers training material even says that it is impossible to tell a level of intoxication by a smell only. But most lawyers ignore this and never even challenge it.  Be sure to hire a defense lawyer that will actually defend you in this charge.  It is one that is seldom proven beyond a reasonable doubt.

In conclusion, a criminal attorney like Nashville Criminal Attorney David Ridings will help navigate the complexities of Tennessee gun laws and ensure that your case is handled appropriately, whether through a defense strategy or plea negotiations. If you’re facing this charge, having legal representation is critical to achieving the best possible outcome so that you can get this charge dismissed and expunged from your criminal record.