Can you buy a gun with a DUI in TN?

Many people value their right to possess firearms for protection, as well as for sport and recreation. In some situations, handgun rights are limited by Tennessee laws for the protection and safety of others. Using or possessing a handgun while under the influence of alcohol or drugs is a crime in Tennessee. If you have been arrested for having a handgun while under the influence, you can fight the allegations with a Nashville gun crime lawyer. Bernie McEvoy has defended people facing charges for handgun possession and other gun crimes throughout Davidson and Williamson Counties. He can represent you in your defense and provide you with assistance for a possession of handgun under the influence case.

Most residents of Tennessee may lawfully own handguns and other firearms. Nevertheless, Tennessee has several laws in place to ensure that armed people are not careless. Handguns, in particular, are strictly regulated by state and federal laws. Under Tennessee law, a handgun is defined as any firearm with a barrel length of less than twelve inches that is designed or modified to be fired with one hand. In Tennessee, residents generally must have a valid permit for concealed or open carry of a loaded handgun. Even with a permit, however, it is illegal to possess a handgun under certain circumstances. Specifically, Tennessee law prohibits people from carrying a handgun while consuming drugs or alcohol.

Possessing a handgun under the influence of alcohol or a controlled substance is a Class A misdemeanor in Tennessee. To get a conviction, the state must establish beyond a reasonable doubt that the defendant intentionally, knowingly, or recklessly possessed a handgun while under the influence of alcohol or a controlled substance. It is not a defense to prosecution that the defendant had a valid permit to carry a handgun.

It is also illegal to possess any firearm, including a handgun, while drinking alcohol at a bar or other similar establishment in Tennessee. The prosecution must prove that the defendant possessed a firearm, while consuming any alcoholic beverage, within the confines of an establishment open to the public where liquor, beer, wine, or other alcoholic beverages are served for consumption on the premises. Unlawful possession of firearm where alcoholic beverages are served is a Class A misdemeanor.

If convicted of possession of a handgun under the influence or where alcoholic beverages are served, a defendant may face up to 11 months and 29 days in jail and/or a fine not to exceed $2,500. The defendant must also surrender their handgun permit, if they have one. Following a conviction, the defendant may not carry a handgun until the terms of their sentence and probation are completed, any fines and/or restitution are paid, and their permit is reinstated. If the violation was committed in a bar, the defendant’s handgun permit may be suspended for a period of three years.

It is important to note that there may be potential defenses against a charge for possessing a handgun while under the influence or where alcohol is served. One example may be the possession of a handgun in justifiable self-defense or defense of another during the commission of a crime. An attorney can advise you of any defenses that may be available in a specific case involving charges for possession of a handgun under the influence.

If you are facing prosecution for possessing a handgun while under the influence, you can hire a defense attorney to assist you. Lawyer Bernie McEvoy protects the rights of people who have been charged with gun crimes and other criminal offenses in Nashville, Franklin, and other areas of Davidson and Williamson Counties. Request a free consultation by calling (615) 255-9595 during daytime hours or (615) 804-8779 after business hours and weekends, or contacting us online.

Beginning in the late 1800s, Tennessee strictly regulated carrying handguns, by prohibiting carrying pistols “with intent to go armed” in public places. Exceptions were made for on one’s own property or place of business.

In 1996, Tennessee adopted a handgun carry permit process. Over the years, the law expanded to allow permit holders to carry handguns where alcohol was served and in public parks. In, 2019, a second “concealed only” permit was created. The chief difference being that the new permit did not require passing the state-mandated, in-person class and firing range requirements.

Recently, the legislature amended Tenn. Code Ann. § 39-17-1307 to add section (g), click here, creating a new defense to a charge of carrying a handgun with intent to go armed, the so-called “permitless” carry. The amendment is effective July 1, 2021.

First, it is important to understand how Tennessee law on firearm possession works. The easiest way is to focus on your location. What statute applies to this location and what are the defenses?

For example, under Tenn. Code Ann. § 39-17-1307(a), it is an offense for a person to carry a firearm with intent to go armed. Tenn. Code Ann. § 39-17-1308 has defenses, such as when a person is at their place residence. Think about this when reading the amendment.

The new defense is quite broad, covering most persons who may legally possess a handgun, carrying it openly or concealed, and in a place where the person has a right to be. The amendment applies to a person who is at least 21 years old, or at least 18 years old and a current or honorably discharged veteran. However, those with convictions for stalking or driving under the influence may not be able to take advantage of the new amendment. The amendment has other limitations on possession of firearms, covered New Offenses section of this article.

The newly enacted statute modified Tennessee’s so-called “guns in trunks” law, Tenn. Code Ann. § 39-11-1313. Under this statute, permit holders were allowed to transport, store or possess firearms in vehicles in most public or private parking areas. The newly added language applies to anyone “who lawfully carries a handgun pursuant to Tenn. Code Ann. § 39-17-1307(g).”

LIMITATIONS IN THE NEW AMENDMENT

The biggest limitation of the amendment is that it only applies to handguns, not firearms in general. “Handguns” are defined in Tenn. Code Ann. § 39-11-106(18) as “any firearm with a barrel length of less than twelve inches (12″) that is designed, made or adapted to be fired with one (1) hand.”

The amendment requires that the person is in a place where the person has a right to be. Carrying a handgun through the door of a business marked “Employees Only” may be beyond the scope of the new law.

In Tennessee, a permit is still needed to possess a handgun in a publicly-owned park or greenway. Tenn. Code Ann. § 39-17-1311.

The new statute does not do away with the need for a handgun carry permit. A permit is needed to possess a handgun in other states that require a permit and recognize Tennessee’s permit.

The new law did not repeal Tenn. Code Ann. § 39-17-1359(c), so it is still an offense to possess a weapon on property with a properly posted “No Guns” sign. Statutes remain in force regulating or prohibiting weapon possession in buildings where judicial proceedings are in progress, on school property or certain government buildings referred to in Tenn. Code Ann. § 39-17-1359(g). The protections involving parking lots, Tenn. Code Ann. § 39-11-1313, are still in effect.

ADDITIONAL CRIMES CREATED IN THE AMENDMENT

The amendment adds a new section to Tenn. Code Ann. § 39-17-1307(h), creating a Class B misdemeanors for carrying a firearm with intent to go armed, if the person has been:

1. Convicted of stalking;
2. Convicted of driving under the influence once in the last five years or two or more times in ten years;
3. Adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution or had a court appoint a conservator by reason of a mental defect; or
4. Otherwise prohibited for possessing a firearm by 18 U.S. Code § 922(g) as it existed on January 1, 2021.

Section (C) is interesting. If a person has been adjudicated as a mental defective (which usually includes having a conservator appointed) or judicially committed to a mental hospital, they are completely prohibited from possessing firearms, both by 18 U.S. Code § 922(g) and Tenn. Code Ann. § 39-17-1307(f).

Section C also adds merely having been “hospitalized in a mental institution” as a crime, if the person possesses a firearm with intent to go armed. This was not a crime under prior law.

Convictions for misdemeanor stalking and DUI do not prohibit possession of firearms. However, the new amendment makes it clear that such convictions do not allow persons convicted of these offenses from taking advantage of the new permitless carry defense.

Tenn. Code Ann. § 39-17-1308 contains defenses to a charge under § 39-17-1307, if the firearm possession takes place in the person’s own residence, place business or while hunting.

As you can see from just the length of this article, Tennessee firearm laws remain complicated, even more complicated than before. If you have questions regarding such laws, or restoration of your firearm rights, contact James E. Wagner at 865-546-9321.

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James E. Wagner

James E. Wagner concentrates his practice in areas such as personal injury litigation, workers’ compensation, toxic tort litigation, products liability, firearms law, probate, estate planning and insurance. His varied legal experience helps him analyze and resolve issues in all areas of practice for his clients. He has been privileged to represent many of the same clients over my entire career and handles each case with a view toward a long-term relationship. James provides his clients with reliable, dependable service.

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