View Single Post
Old 12-08-2012, 10:47   #256
RussP's Avatar
Join Date: Jan 2003
Location: Central Virginia
Posts: 47,444
Blog Entries: 64
Originally Posted by Jgriggs View Post
I have a question for you.
Is it legal in your state to carry while you're drinking?
Is it legal to carry in an establishment or an area whose primary business is to serve alcohol?
Originally Posted by bucksnort1959 View Post
Yes and yes
Originally Posted by bucksnort1959 View Post
Yes as long as you're not intoxicated and yes as long as the establishment does not restrict it (signs in WI carry legal weight)
Originally Posted by golls17 View Post
Put a few qualifiers in red.
This is how the law actually reads relating to your second question:
941.237  Carrying handgun where alcohol beverages may be sold and consumed.

(2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
(3) Subsection (2) does not apply to any of the following:
(cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.
Your first question is related to this:
941.20  Endangering safety by use of dangerous weapon.
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant;
Now we have the definition of "under the influence" found here,WISCONSIN’S NEW CARRYING CONCEALED WEAPON LAW QUESTIONS AND ANSWERS AUGUST 2, 2011, at Page 30 under the heading, "Can I carry a firearm, concealed or open, in a tavern?"

That document appears to be where bucksnort1959 found his "Jury Instruction".
“Under the Influence” has been defined as materially impairing the ability to handle a firearm which is further explained as consuming “an amount of alcohol to cause the person to be less able to exercise clear judgment and steady hand necessary to handle a firearm.” WI Jury Instruction-CRIMINAL 1321.
Probably, bucksnort1959 was never charged with carrying under the influence. He was, probably, arrested based on the officer's suspicion that he was under the influence, but he was never charged.

It was perhaps that suspicion and the resulting arrest that triggered the search of his vehicle. That is, maybe, his complaint in his 42 USC § 1983 action.

He probably alleges that with a BAC of 0.012, he exhibited no physical characteristics of being under the influence. He allegedly has a police dash cam video of the stop. That should show him exiting his vehicle, being handcuffed, and walking back to the police vehicle. The audio would disclose his speech pattern. If all that is normal...

If the arrest was based solely on the smell of alcohol on his breath, without any other articulable evidence of impairment, the arrest may be declared illegal. Then, he may allege, the resulting search of his vehicle and the seizure of his weapon may be violations of his Rights.

bucksnort1959, is that pretty much how things are?
Freedom has a taste to those who fight and almost die, that the protected will never know.

"Comment is free, but facts are sacred." C.P. Scott, 1921
RussP is offline   Reply With Quote