Possession of a Handgun While Under the Influence in Tennessee

Facing a charge of possession of a handgun while under the influence in Tennessee can have serious consequences. In Tennessee, your right to carry a firearm comes with important legal responsibilities. One of the most critical restrictions is that you cannot possess a handgun while under the influence of alcohol or drugs, even if you have a valid carry permit. If you’ve been arrested or cited for this offense, it’s essential to understand the law, the penalties, and your defense options.

What the Law Says in Tennessee

Under Tennessee law, it is a criminal offense to possess a handgun while under the influence of alcohol, a controlled substance, or any intoxicant that impairs your ability to safely handle a firearm. This prohibition applies regardless of whether the firearm is carried openly or concealed, and regardless of whether you have a handgun carry permit.

What does “under the influence” mean?
Tennessee courts interpret this term broadly. Unlike DUI laws, there is no specific blood alcohol concentration required. Any signs of impairment, such as slurred speech, unsteady movement, or erratic behavior can lead to a charge of possession of a handgun while under the influence in Tennessee.

Penalties for Possession of a Handgun While Under the Influence in Tennessee

This offense is a Class A misdemeanor, the most serious misdemeanor under Tennessee law. If convicted, you may face:

• Up to 11 months and 29 days in jail
• A fine of up to $2,500
• Loss of your handgun carry permit
• Forfeiture of the firearm
• A permanent criminal record affecting employment and gun rights

In some cases, this charge is paired with others, such as DUI or reckless endangerment, increasing the severity.

Common Scenarios Leading to Charges

Most individuals charged with this offense didn’t intend to break the law. Common situations include:

• Carrying a handgun after drinking at a bar or cookout
• Having a firearm in the car during a DUI stop
• Camping or boating with alcohol present
• Keeping a gun in the glovebox after drinking

If any of these sound familiar, a conviction is not inevitable. A skilled defense attorney can help.

Legal Defenses Available

Each case is unique. Potential defenses include:

• No actual possession: You did not control the handgun or know it was present
• No clear proof of impairment: The state must show you were under the influence in a way that impaired safe handling
• Illegal search or stop: If the evidence was collected unlawfully, it may be inadmissible
• Mitigating factors: No prior record, cooperation with law enforcement, or unclear circumstances

A knowledgeable Tennessee criminal defense lawyer will examine all angles of your case.

How a Defense Attorney Can Help

A charge of possession of a handgun while under the influence in Tennessee is serious, but it doesn’t have to ruin your life. Carla Grebert represents individuals facing this and other criminal charges in Nashville and throughout Middle Tennessee.  She will investigate all facts and legal issues in your case, challenge unlawful searches or weak evidence, and negotiate for dismissal or reduced charges when possible and appropriate.

Carla  will help you navigate court procedures with confidence

What to Do If You’ve Been Charged

• Don’t speak to police without an attorney
• Write down everything you remember, including thelocation of the handgun, whether you drank, police conduct, and tests performed
• Contact a defense lawyer right away

The sooner you act, the more options you may have.

Why Work With Carla Grebert

As a Nashville-based criminal defense attorney, Carla understands the legal landscape and what’s at stake. Whether you’re a first-time offender or facing additional charges, she will work hard to protect your record, rights, and future.  Clients choose Carla Grebert for honest communication, personal attention, and strategic advocacy.