Wisconsin-CC in a bar?
This is a discussion on Wisconsin-CC in a bar? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello everyone,
I am patiently awaiting my CC permit in Wisconsin. Prior to the CC laws going into effect, my understanding is that firearms were ...
December 9th, 2011 08:58 AM
Wisconsin-CC in a bar?
I am patiently awaiting my CC permit in Wisconsin. Prior to the CC laws going into effect, my understanding is that firearms were not allowed in alcohol serving establishments. Does this change if you have a concealed weapon? (Obviously I'm not talking about drinking, just being in the bar.)
December 9th, 2011 10:16 AM
Essentially, if you have a valid Concealed Carry License from Wisconsin, or are a visiting out of state permit/license holder, you can now carry a concealed weapon in a tavern as long as you are not consuming alchohol and are not under the influence of alchohol.
From the Wisconsin DOJ FAQ, page 42 http://www.doj.state.wi.us/dles/cib/..._questions.pdf
Are there any restrictions for carrying in a tavern?
A tavern is any establishment, other than a private or fraternal organization, in which alcohol beverages are sold for consumption on the premises. Wis. Stat. § 941.237(1)(fm) and (3)(cx).
No one may possess a handgun in a tavern unless they are a law enforcement officer, a correctional officer in the line of duty, a member of the US armed forces or national guard in the line of duty, a private security person meeting certain criteria, the tavern licensee, owner or manager or their authorized employee or agent, or have a CCW license. Wis. Stat. § 941.237(2) and (3)(a)-(cx).
The above prohibitions do not apply to an unloaded and encased handgun in a vehicle in a parking lot, a private or public gun or sportsmen’s range or club or if possession of a handgun is authorized by the owner or manager of a Class B license or permit premises for a specific event of a limited duration. Wis. Stat. § 941.237(3)(e) to (j).
A licensee or out of state licensee may carry a concealed weapon in a tavern only if they are not consuming alcohol on the premises. Wis. Stat. § 941.237(3)(cx).
A qualified out-of-state law enforcement officer and a former law enforcement officer can carry a concealed handgun in a tavern and a licensee and an authorized out-of-state licensee can carry a concealed handgun in a tavern if they are not consuming alcohol on the premises. Wis. Stat. § 941.237(3)(cr), (ct), and (cx).
However, it is a class A misdemeanor (9 months jail and/or $10,000 fine) for any person, whether or not they are a licensee, to go armed with a firearm while under the influence of an intoxicant. Wis. Stat. § 941.20(1)(b). “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.
In addition, a tavern owner may prohibit anyone from carrying a firearm in their business
December 9th, 2011 11:32 AM
Thank you very much. That is exactly the info I was looking for! :D
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