(C) Wisconsin Watch

(C) Wisconsin Watch
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Is it illegal to consume any alcohol when carrying a gun in Wisconsin? [1]

['Jacob Alabab-Moser', 'Wisconsin Watch', 'More Jacob Alabab-Moser', 'Fact Checker']

Date: 2023-02-02 22:14:26+00:00

Reading Time: < 1 minute

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No.

Wisconsin law forbids individuals from carrying or operating a firearm while they are “under the influence of an intoxicant,” though no numerical definition of intoxication is provided. The law defines “under the influence” as the state in which a person’s alcohol consumption makes it so that their ability to “handle a firearm or airgun is materially impaired.”

The Wisconsin Supreme Court ruled in 2021 that the law forbidding intoxicated firearm use was constitutional and did not violate the Second Amendment. The ruling came in the case of a Madison man who carried a gun while drunk in his apartment during an argument with roommates. The man had claimed self-defense, but multiple courts rejected that defense.

State law also bars anyone armed with a handgun from premises that have Class B liquor licenses — which allow liquor sales and on-premises consumption.

This Fact Brief is responsive to conversations such as this one.

Sources

Wisconsin State Legislature: Wisconsin Legislature: 941.20

Wisconsin State Legislature: Wisconsin Legislature: 939.22(42)

Wisconsin Courts: Wisconsin Supreme Court ruling on State of Wisconsin v. Christen

Milwaukee Journal Sentinel: Even in your own home, you can’t carry a gun while drunk unless acting in self-defense

Wisconsin State Legislature: Wisconsin Legislature: 941.237

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If we send you a request to change or remove Wisconsin Watch content from your site, you must agree to do so immediately. You are welcome to republish our articles forusing the following ground rules. For questions regarding republishing rules please contact Andy Hall, executive director, at [email protected] Is it illegal to consume any alcohol when carrying a gun in Wisconsin? <h1>Is it illegal to consume any alcohol when carrying a gun in Wisconsin?</h1> by Jacob Alabab-Moser / Wisconsin Watch, Wisconsin Watch February 2, 2023 <h2>No.</h2> Wisconsin law forbids individuals from carrying or operating a firearm while they are "under the influence of an intoxicant," though no numerical definition of intoxication is provided. The law defines "under the influence" as the state in which a person's alcohol consumption makes it so that their ability to "handle a firearm or airgun is materially impaired." The Wisconsin Supreme Court ruled in 2021 that the law forbidding intoxicated firearm use was constitutional and did not violate the Second Amendment. The ruling came in the case of a Madison man who carried a gun while drunk in his apartment during an argument with roommates. The man had claimed self-defense, but multiple courts rejected that defense. State law also bars anyone armed with a handgun from premises that have Class B liquor licenses — which allow liquor sales and on-premises consumption. This Fact Brief is responsive to conversations such as <a href="https://www.reddit.com/r/wisconsin/comments/10ldhw1/i_dont_go_to_bars_much_is_this_a_commonplace_sign/j5w8ty2/?utm_source=share&utm_medium=ios_app&utm_name=iossmf&context=3" target="_blank" rel="noreferrer noopener">this one.</a> Sources Wisconsin State Legislature: <a href="https://docs.legis.wisconsin.gov/document/statutes/941.20" target="_blank" rel="noreferrer noopener">Wisconsin Legislature: 941.20</a> Wisconsin State Legislature: <a href="https://docs.legis.wisconsin.gov/document/statutes/939.22(42)" target="_blank" rel="noreferrer noopener">Wisconsin Legislature: 939.22(42)</a> Wisconsin Courts: <a href="https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=363657" target="_blank" rel="noreferrer noopener">Wisconsin Supreme Court ruling on State of Wisconsin v. Christen</a> Milwaukee Journal Sentinel: <a href="https://www.jsonline.com/story/news/crime/2021/05/04/court-finds-intoxication-voids-right-carry-gun-even-own-home/4931641001/" target="_blank" rel="noreferrer noopener">Even in your own home, you can't carry a gun while drunk unless acting in self-defense</a> Wisconsin State Legislature: <a href="https://docs.legis.wisconsin.gov/document/statutes/941.237" target="_blank" rel="noreferrer noopener">Wisconsin Legislature: 941.237</a> This <a target="_blank" href="https://wisconsinwatch.org/2023/02/is-it-illegal-to-consume-any-alcohol-when-carrying-a-gun-in-wisconsin/">article</a> first appeared on <a target="_blank" href="https://wisconsinwatch.org">Wisconsin Watch</a> and is republished here under a Creative Commons license.<img src="https://i0.wp.com/wisconsinwatch.org/wp-content/uploads/2021/02/cropped-WCIJ_IconOnly_FullColor_RGB-1.png?fit=150%2C150&quality=100&ssl=1" style="width:1em;height:1em;margin-left:10px;"><img id="republication-tracker-tool-source" src="https://wisconsinwatch.org/?republication-pixel=true&post=1276461&ga=UA-17896820-1" style="width:1px;height:1px;">

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