Local idiot carries in a bar while drinking.

kawisixer01 · Oct 9, 2012

"Janesville police dealt with their first carry/conceal violation in a bar Monday afternoon.

David M. Swenson, 53, of 211 ½ W. Milwaukee St., was arrested at 2:16 p.m. Monday on charges of disorderly conduct while armed, carrying a concealed weapon and endangering safety by use of a dangerous weapon, said Sgt. Aaron Ellis."

http://gazettextra.com/weblogs/latest-news/2012/oct/09/carryconceal-arrest-made-local-bar/

MAC702 · Oct 9, 2012

Title is misleading. There was apparently a lot more to it than mere drinking, even if drinking while armed is illegal in your state.

Indeed, he was DRUNK (3x legal limit), and was HANDLING the weapon. He was an idiot, and deserves his punishment.

oliverclotheshoff · Oct 9, 2012

"Although it is not illegal to carry a concealed weapon with a permit into an alcohol establishment, “you can’t be intoxicated and be in possession of a loaded weapon,” he said. "

so at what BAC level is it ok to carry concealed

i dont know what laws this cop is reading but last time i read from the nice well legalized versed folks here you cant drink period while carrying concealed

MKEgal · Oct 9, 2012

Since he's charged with ccw, apparently he didn't have a license & the officer thought it wasn't visible... even though the article says he was showing it to someone.

he was displaying it to another customer

Where have we heard this before? It's visible, so it's concealed?
Or maybe someone was worried that it was being handled (whether or not they'd seen him drinking), called police, & he'd holstered/pocketed it by the time they showed up?
I wouldn't be surprised if they throw in possession while under the influence.

protias · Oct 9, 2012

You can OC in a bar and consume if you have permission from the owner or liquor license holder. 941.237

MKEgal said:
Since he's charged with ccw, apparently he didn't have a license & the officer thought it wasn't visible... even though the article says he was showing it to someone.

Well, if you don't see it the first time because you didn't look, it had to be concealed...

ScottE · Oct 9, 2012

oliverclotheshoff said:
"Although it is not illegal to carry a concealed weapon with a permit into an alcohol establishment, “you can’t be intoxicated and be in possession of a loaded weapon,” he said. "

so at what BAC level is it ok to carry concealed

i dont know what laws this cop is reading but last time i read from the nice well legalized versed folks here you cant drink period while carrying concealed

Not sure what WI laws are, but in MN you can't have a BAC of .04 or higher while carrying. So basically you can have one beer, one shot, or one glass of wine.

Shotgun · Oct 10, 2012

There's no particular BAC level in Wisconsin. It's a judgement call that the jury makes. Going armed while under the influence of an intoxicant has been defined as "materially impairing the ability to handle a firearm." Jury instructions describe it 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."

At three times the blood level that is considered impaired for driving a vehicle it's unlikely a jury would have a difficult time making that judgement call in this case.

ScottE · Oct 10, 2012

Shotgun said:
There's no particular BAC level in Wisconsin. It's a judgement call that the jury makes. Going armed while under the influence of an intoxicant has been defined as "materially impairing the ability to handle a firearm." Jury instructions describe it 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."

At three times the blood level that is considered impaired for driving a vehicle it's unlikely a jury would have a difficult time making that judgement call in this case.

Ah, well if that is the law, I wouldn't feel comfortable having a single beer then. The prosecuting attorney would love to tell a jury you had alcohol in your system. I suppose this would apply regardless of the laws.

Nascar24Glock · Oct 10, 2012

ScottE said:
Not sure what WI laws are, but in MN you can't have a BAC of .04 or higher while carrying. So basically you can have one beer, one shot, or one glass of wine.

Be thankful. In Tennessee, if you get caught carrying with a BAC that's any higher than .00, you lose your permit for three years.

davegran · Oct 10, 2012

Poorly written story

MKEgal said:
Since he's charged with ccw, apparently he didn't have a license & the officer thought it wasn't visible... even though the article says he was showing it to someone. ....

This quote from the story,

Although it is not illegal to carry a concealed weapon with a permit into an alcohol establishment, “you can’t be intoxicated and be in possession of a loaded weapon,” he said.

implies that he was a licensed carrier.

Law abider · Oct 10, 2012

It is possible that the Janesville idiot did not familarize himself well enough with the laws or he was having a delusion of grandeur while taking the CCL class and thus missed the importance of knowing the laws. I do carry the DOJ Q and A short sheet with me and just got the PDF of the longer version.

McX · Oct 10, 2012

i never take my gun out drinking. it's too cheap to pay for me, does nothing but sit there, and try to pick up on other guns, and cant drive me home afterwards. all it orders at the bar is oil, and if it gets anything else, it gets all rusty and crabby. guns and alcohol dont mix.

Citizen · Oct 10, 2012

McX said:
i never take my gun out drinking. it's too cheap to pay for me, does nothing but sit there, and try to pick up on other guns, and cant drive me home afterwards. all it orders at the bar is oil, and if it gets anything else, it gets all rusty and crabby. guns and alcohol dont mix.

Local idiot carries in a bar while drinking.

kawisixer01

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MAC702

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oliverclotheshoff

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MKEgal

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protias

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ScottE

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Shotgun

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ScottE

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Nascar24Glock

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davegran

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McX

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