Clarksville, TN asked in Criminal Law for Tennessee

Q: Is it a defense to carrying a deadly weapon under the influence that you were on your own private property?

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1 Lawyer Answer
Thomas Walter Tucker
Thomas Walter Tucker
  • Franklin, TN
  • Licensed in Tennessee

A: Not sure what the "deadly weapon" was.

T.C.A. § 39-17-1321 states: "Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, 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."

Section 39-17-1308 may not be asserted as a defense to a prosecution under § 39-17-1321 for possession of a handgun while under the influence of alcohol or any controlled substance; the legislature clearly intended § 39-17-1308 to apply as a defense only to prosecutions under § 39-17-1307. See Op.Atty.Gen. No. 98-151, Aug. 12, 1998.

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