Q: is it a defense to possession of a weapon under the influence that you were carrying on your own property?
A:
Not sure what the "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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