Introduction
Alcohol consumption is a leading cause of many crimes, including gun violence. In the United States, few state and federal policies address the intersection of firearms and alcohol. However, most states have developed a law prohibiting bearing weapons, including concealed firearms, while under alcohol. Since no standard policy exists across all states, examining each state’s policies is important to understand how gun carrying and intoxication policy works. As a case study, this research will focus on Tennessee and its policy on carrying weapons under the influence of alcohol.
Research Questions
- What is the specific crime control policy, and who approved it?
- Why was the policy considered a good idea?
- What is the theory behind the policy?
- What are the unintended consequences of the policy and concerns expressed by the public?
- What are the outcomes for the concerns expressed?
- Where does the policy stand today?
Literature Review
Crime control entails efforts to reduce crimes in society using different methods. Crime control policies seek to establish the causative factors of crime and implement laws and other measures to prevent and punish crimes. In the United States, guns threaten public security due to numerous gun-related crimes. For instance, guns were used to commit 14414 homicides and 283503 non-fatal gun violence crimes in 2019 (Webster, 2022). Current literature on gun-related crimes focus on the sociological perspective as scholars seek to understand the root causes of gun violence to help develop preventive strategies. The socioeconomic determinants of gun violence include income inequality, residential racial and economic segregation, social capital and mobility, and social spending (Kim, 2019). Additionally, firearm injury or death risk is higher among adolescents and young adults and declines with age thereafter (Pallin et al., 2019). Therefore, current literature hesitates to regard gun violence as a crime and prefers to handle it as a public health issue.
Studies have established a positive correlation between drugs and alcohol abuse and gun violence in the United States and other countries. Literature on gun violence also suggests that heavy alcohol consumption causes between a quarter and a third of gun violence incidents (Buggs & Zeoli, 2022). This means that millions of crimes are committed by people under the influence of alcohol. Therefore, policymakers have adopted alcohol enforcement as a crime control policy (Harris & Lehman, 2022). However, the intersection of alcohol and gun control policies for crime prevention presents a major scholarly and policy gap. This is evident in the fact that a federal policy that uses alcohol control as a lever for gun-related crime control is nonexistent. Any states have adopted different policies related to intoxication and weapons, most of which are absent from mainstream research.
Methodology
This research focuses on qualitative secondary data analysis from various sources, including legal commentaries, laws, and public records. The specific law under investigation is Tennessee gun carry laws and their provisions for alcohol or other drug use. Therefore, the research will take the form of a case study that allows an in-depth analysis of the specified crime control policy. The qualitative study will use qualitative content analysis, which entails condensing raw data into categories and themes. However, the most important aspect of the qualitative content analysis is to help answer the various research questions.
Results
Policy Description
In Tennessee, Article 1, Section 26 of the state constitution protects the rights of individuals to bear arms. However, a prohibition policy has been implemented to restrict circumstances under which individuals can carry firearms. Examples include prohibited places, for instance, posted property, judicial proceedings, bars or restaurants that serve alcohol, and while intoxicated (Pirius, 2022). Section 39-17-1321 of the Tennessee Code prohibits gun possession while under alcohol or other drug intoxication. The controlled substances include cocaine, heroin, LSD, mushroom, and marijuana. The gun policy as expanded in 2021 to allow permitless carry, but the restrictions on alcohol and intoxication among other prohibitions remain.
Theory behind the Policy
Though not expressly stated, Tennessee’s policy on gun carry under the influence of alcohol is based on the alcohol myopia theory. The theory is often used in criminology to examine the links between alcohol intoxication and various aspects of crime. Intoxication impairs judgment and causes individuals to engage in aggressive and deviant behaviors (Oorsouw et al., 2019). Therefore, the policy seeks to control gun-related crimes by preventing intoxicated individuals from bearing firearms.
Unintended Consequences and Concerns by the Public
Tennessee’s gun policy on carrying while under intoxication has not produced unintended consequences or raised any significant public concerns. The rationale is that the policy does not seek to restrict the rights of people to bear arms but to reduce the risk of gun-related violence due to intoxication. A recent failed bill, HB 0977, indicates how the state perceives alcohol and drug intoxication. The bill could have allowed police officers to carry weapons under the influence of alcohol or when intoxicated with other controlled substances.
Outcomes of concerns and Where the Policy Stands Today
With no significant concerns raised against the policy, Tennessee continues to implement the policy on gun carry under alcohol and other drug intoxication. As a result, the policy currently holds even as policies aimed at further deregulation are developed. As mentioned earlier, the state citizens remain opposed to the idea of gun carrying under the influence of alcohol or other intoxicating drugs. The same applies to law enforcement illustrated to the failed HB 0977, which could have exempted police officers from the prohibition. Tennessee reflects the position on gun carry and alcohol policy of many states in the country. In other words, very few states will allow intoxicated individuals to bear firearms.
Discussion and Conclusion
Discussion
Gun and alcohol control polices remain contentious issues as the government struggles to balance between crime control and individual rights and liberties. In both cases, regulations have to content with the constitutional provisions protecting human rights. The rights to bear arms are enshrined in the American constitution and all states must respect it. As a result, gun control has become one of the most polarizing political issues with some calling for a total ban and other insisting on the constitutional rights. Many gun violence crimes have occurred due to the ease of people to own firearms, including those who should not. For example, a recent mass shooting in Nashville involved a 28-year-old individual who was under doctor’s care for emotional disorder (Reuters, 2023). Nevertheless, the individual legally purchased firearms and stashed them around the school before committing the crime. In many cases, people who commit gun-related crimes are often individuals with mental health problems or people under the influence of alcohol and other controlled substances. In other words, many Americans who own firearms should not be allowed to own them.
Interestingly, the intersection of alcohol and gun hardly attracts scholars and policymakers. Some observers believe that that time has come for alcohol control to be used as a lever for crime control (Harris & Lehman, 2022). Section 39-17-1321 of the Tennessee Code represents such an effort where alcohol and drug abuse are acknowledged to be major determinants of gun-related crimes. Many states have a similar policy that restricts carrying weapons when intoxicated, a law that extends to the law enforcement officers as well. Guns and alcohol do not mix, a slogan often used in states that prohibit drinking and possessing weapons. Literature supports gun violence related to illicit substances an be reduced by regulating the substances and controlling possession of weapons when intoxicated (Buggs & Zeoli, 2022). However, federal policy on the same nonexistent, arguably because such issues are left to the state-level legislation. If gun crimes continue, the United States will need a federal policy to plug this gap by providing a universal gun and alcohol control policy to be implemented uniformly across all states.
Conclusion
Section 39-17-1321 of the Tennessee Code is a policy that restricts gun carrying among individuals intoxicated by alcohol or other controlled substances. The same policy restricts people to bear firearms in premises that serve alcohol. Similar policies exist at the state level across most states, with only a few that fail to embrace the same. With literature suggesting that between a quarter and a third of all gun-related homicides involve alcohol and substance abuse, such a policy makes sense and should be adopted at the federal level. In this case, alcohol control policies are used as crime control policies.
References
Buggs, S., & Zeoli, A. (2022). Gun homicide research: What we know and where we need to go. Homicide Studies, 26(1), 11-26. Web.
Harris, C., & Lehman, C. (2022). Fixing drinking problems: Evidence and strategies for alcohol control as crime control. Manhattan Institute. Web.
Kim, D. (2019). Social determinants of health in relation to firearm-related homicides in the United States: A nationwide multilevel cross-sectional study. PLoS Medicine, 16(12), 1-26. Web.
Oorsouw, K., Broers, N., & Suerland, M. (2019). Alcohol intoxication impairs eyewitness memory and increases suggestibility: Two field studies. Applied Cognitive Psychology, 33, 439-455. Web.
Pallin, R., Spitzer, S., Ranney, M., Betz, M., & Wintemute, G. (2019). Preventing firearm-related death and injury. Annals of Internal Medicine, 170(11), ITC81-ITC96. Web.
Pirius, R. (2022). Open and concealed gun carry laws in Tennessee. Criminal Defense Lawyer. Web.
Reuters. (2023). Nashville shooting – Police say shooter was under doctor’s care for ’emotional disorder’. The New York Times. Web.
Webster, D. (2022). Public health approaches to reducing community gun violence. Daedalus, 151(1), 38-48. Web.