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;
“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.
To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).