As a former Davidson County prosecutor for three years, Kevin Kennedy prosecuted weapons, DUI, and other criminal cases and understands how prosecutors evaluate allegations involving firearms and intoxication. These cases can depend on police observations, body-worn camera footage, chemical testing, witness accounts, the location and ownership of the weapon, and whether the accused was actually under the influence.
Tennessee law now prohibits possession of a firearm while under the influence of alcohol, a controlled substance, or a controlled substance analogue. Although this offense was historically described as possession of a handgun while under the influence, the statute was amended effective July 1, 2025 to apply more broadly to firearms. A conviction is a Class A misdemeanor and can also create serious consequences for firearm-carry privileges.
What Is Possession of a Firearm While Under the Influence in Tennessee?
Tenn. Code Ann. § 39-17-1321(a) makes it an offense for a person to possess a firearm while under the influence of alcohol, a controlled substance, or a controlled substance analogue. The prohibition applies regardless of whether the person has a firearm carry permit.
The State therefore must prove both possession of the firearm and that the accused was under the influence. Those are separate issues. A person may be near a firearm without legally possessing it, and consumption of alcohol does not automatically establish that the person was under the influence.
Firearm Possession in a Bar or Restaurant
Section 39-17-1321 also contains a separate provision addressing firearms in establishments open to the public where alcoholic beverages are served for consumption on the premises. It is an offense to possess a firearm inside such an establishment while also consuming an alcoholic beverage there.
That subsection differs from the general intoxication provision because it focuses on the combination of firearm possession, location, and consumption. The defense should identify precisely which subsection is charged and what facts the State must prove.
What Does ’Under the Influence’ Mean?
The statute does not create a numerical blood-alcohol threshold comparable to Tennessee DUI law. As a result, prosecutors may rely on observations such as slurred speech, odor of alcohol, balance, behavior, admissions, witness testimony, or chemical-test evidence to argue that the accused was under the influence.
The defense should examine whether those observations actually establish impairment. Fatigue, medical conditions, prescription medication, stress, physical injuries, and ordinary nervousness can sometimes be mistaken for intoxication. Video evidence can be particularly important when an officer’s written description is stronger than what the recording shows.
What Counts as Possession?
Possession can be actual or constructive. Actual possession may involve a firearm carried on the person. Constructive possession may be alleged when the firearm is located in a vehicle, residence, bag, console, or other place the accused allegedly controlled.
Constructive possession should not be assumed merely because a person was nearby. The defense should examine ownership, access, where the firearm was located, whether other people had equal access, whether the accused knew it was there, and what evidence shows an ability and intent to exercise control over it.
What Are the Penalties?
A violation of § 39-17-1321 is a Class A misdemeanor. A Class A misdemeanor can carry up to 11 months and 29 days in jail and a fine under Tennessee law.
In addition, if a qualifying violation occurs in an establishment serving alcohol and the person has a firearm carry permit, the statute provides for a three-year suspension of that permit. The collateral consequences of a weapons conviction can also affect future firearm issues, employment, and other criminal cases.
Common Defenses to Possession of a Firearm Under the Influence
The defense will depend on whether the State can prove possession, intoxication, location, and the accused’s connection to the firearm.
Challenge Intoxication
The defense should compare police observations with body-worn camera footage, witness accounts, medical records, receipts, chemical testing, and the timeline of alcohol or drug consumption. If the State cannot establish impairment, the general under-the-influence theory may fail.
Challenge Possession
When a firearm is found in a shared vehicle, home, or other location, the State still must connect the accused to it. Ownership records, fingerprints, DNA, statements, location within the vehicle, and access by other occupants may all matter.
Challenge the Search or Seizure
Firearm cases often arise from traffic stops, vehicle searches, pat-downs, or home searches. A defense attorney should evaluate whether the officer had a lawful basis for the stop, detention, frisk, or search. If the firearm was obtained through an unconstitutional search or seizure, suppression may substantially affect the case.
How Kevin Kennedy Defends These Cases
Kevin begins by identifying exactly where the firearm was found, why police believed the accused possessed it, and what evidence supposedly established intoxication. He reviews body-worn camera footage, dash-camera video, chemical-test records, witness statements, photographs, police reports, firearm records, and any statements attributed to the accused.
His former-prosecutor experience helps him evaluate where the State’s theory may overstate possession or impairment. Depending on the evidence, the defense may challenge intoxication, constructive possession, the legality of the search, the charged subsection, or witness credibility, negotiate for dismissal or reduction, or prepare the case for trial. A free and confidential case review with Kevin Kennedy Law Firm is available to anyone charged in Davidson County or nearby.
Legal references: Tenn. Code Ann. §§ 39-17-1321, 39-17-1301, 39-17-1352, and 40-35-111. This page is general information, not legal advice.
Related Weapon Offenses Charges
For a complete overview of Tennessee gun and weapons charges, vehicle searches, and constructive possession, see our Nashville Gun Lawyer & Weapons Charge Attorney page.