Is It Legal to Drink While Carrying a Gun in Tennessee?

Tennessee is a state with strong protections for the right to bear arms, but even here, there are limits. A common and misunderstood questions I often hear as a criminal defense attorney is: “Can I legally carry a handgun after having a drink?” The answer isn’t as simple as yes or no, and misunderstanding the law can lead to serious criminal charges.

Understanding the Law

Tennessee law does not prohibit you from consuming alcohol entirely if you have a handgun carry permit. However, it becomes illegal the moment you are considered “under the influence.”

Under Tennessee Code § 39-17-1321, it is a criminal offense to possess a handgun while under the influence of alcohol or any controlled substance. There is no specified blood alcohol concentration (BAC) threshold. Instead, law enforcement and prosecutors rely on observations and evidence of impairment: slurred speech, bloodshot eyes, the smell of alcohol, or unsteady movement.

A conviction can result in jail time, fines, loss of your carry permit, and forfeiture of the firearm.

What Counts as Being “Under the Influence”?

This is not the same standard used in DUI cases. You don’t need a BAC of 0.08% to be charged. Any degree of noticeable impairment may be enough for police to arrest you.

So yes, you could be arrested even if you only had one or two drinks and feel completely sober. If an officer believes your ability to safely handle a firearm is impaired in any way, you can be charged with possession of a handgun while under the influence.

Real-Life Situations That Can Lead to Charges

Having a drink at a restaurant while carrying a concealed handgun
Boating or fishing with a firearm and a cooler of beer
Being stopped for a traffic violation and admitting to having a drink earlier

These scenarios are surprisingly common. The law doesn’t require you to be drunk, just impaired enough to raise concern.

Recent Example: Arrest of Former NFL Quarterback Jay Cutler

In May 2024, former NFL quarterback Jay Cutler was arrested in Williamson County and charged with several offenses, including possession of a handgun while under the influence. The case is still pending, and like anyone accused of a crime, Mr. Cutler is presumed innocent unless and until proven guilty.

This arrest has drawn media attention, but it also highlights how a single encounter with law enforcement can lead to significant legal consequences when alcohol and firearms mix. While the full details of the case are not publicly known, it underscores how the law can apply to anyone, regardless of their background, status, or intentions.

What to Do If You’re Stopped While Armed

If you’re ever stopped while carrying a firearm and you’ve had alcohol, here are a few steps to protect yourself:

Remain calm and respectful
Do NOT admit to drinking or explain how much you’ve had
Do NOT consent to searches
Ask to speak with an attorney before answering ANY questions

Even if you feel confident you’re not impaired, your statement can be used against you later in court.

Charged With Possession of a Handgun While Under the Influence?

Being charged doesn’t mean you’re guilty. There may be strong defenses available depending on how the stop occurred, how evidence was collected, and whether true impairment can be proven.

For more detailed information about this specific offense, including potential legal defenses, visit my main page on possession of a handgun while under the influence in Tennessee.

Final Thoughts

Tennessee allows responsible adults to carry firearms, but combining guns and alcohol is legally risky. If you choose to carry, it’s best to avoid drinking altogether. If you’ve already been charged, speak with an experienced defense attorney immediately.

As a Nashville criminal defense attorney, I represent people throughout Middle Tennessee facing firearm-related charges. If you’re dealing with this issue, I’m here to help protect your rights and your record.

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