39-17-1321. Possession of handgun while under influence Penalty. (a) 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. (b) A violation of this section is a Class A misdemeanor. [Acts 1994, ch. 943, 10; 1997, ch. 476, 4.] SIDE NOTE: In regards to driving a motor vehicle under the influence, "under the influence" is defined as a BAC of .08 or higher and there is an open container law, however as far as I can tell at the moment, it is not defined if those two specifics also apply to possession of a handgun under 39-17-1321, however, I assume it does. I will post any update here if I find it, but I don't drink, so it isn't a priority for me.