Skip to content

TCA 39-17-1321

Possession of handgun while under influence – Penalty

MISDEMEANOR AClass A Misdemeanor
Sentence enhancement may apply

What does this charge mean?

It is illegal to possess a handgun while under the influence of alcohol or drugs, even if you have a handgun permit. It is also illegal to possess any firearm inside a restaurant, bar, or similar public establishment where alcohol is served and consumed, while you are actively drinking alcohol. Violation is a Class A misdemeanor (up to 11 months 29 days jail and/or $2,500 fine). Additionally, if you have a handgun permit and violate the "under the influence" provision in an alcohol-serving establishment, your permit will be suspended for 3 years.

Penalty Details

ClassificationClass A Misdemeanor
Maximum Jail11 months 29 days
Maximum Fine$2,500
Penalty SummaryClass A misdemeanor; 11 months 29 days; fine up to $2,500
(a) 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. (1) hand. See Tennessee Code 39-11-106Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106(b) It is an offense for a person to possess a firearm if the person is both: (1) 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 (2) Consuming any alcoholic beverage listed in subdivision (b)(1). (c) (1) A violation of this section is a Class A misdemeanor. (2) 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.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

MISDEMEANOR A
TCA Section39-17-1321
Max Jail11 months 29 days
Max Fine$2,500
Recent Bookings8+

Geographic Distribution

Davidson
17
Shelby
13
Hamilton
13
Sevier
12
Sullivan
7
Knox
7
Anderson
7
Roane
5
Jefferson
4
Campbell
4
Washington
3
McMinn
3

+ 10 more counties