Alcohol and carring a firearm

I've been pondering this for some time, and havent been able to find a decent answer. How much booze can have in their system to be considered going armed while intoxicated ?. If I'm out and decide to have a beer with dinner, can I leave the gun in the car and not holster it afterwards for a period time depending on how much was drank?. It seems to be a major hassle to be not able not drink because theres a gun around. And taking it home beforehands isnt always possible.

So, how close does your gun need to be before your considered "going armed"?. State stats. dont really say on either matter...

Thoughts?

941.237 Carrying handgun where alcohol beverages may be sold and consumed
applies to a "tavern" (bar, restaurant, festival w/ alcohol license)
http://docs.legis.wi.gov/statutes/statutes/941/III/237
A licensee may not carry concealed & consume alcohol on the premises.
Zero.


941.20 Endangering safety by use of dangerous weapon
http://docs.legis.wi.gov/statutes/statutes/941/III/20
(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


940.09 Homicide by intoxicated use of a vehicle or firearm
http://docs.legis.wi.gov/statutes/statutes/940/I/09
(1g) Any person who does any of the following is guilty of a Class D felony
(a) Causes the death of another by the operation or handling of a firearm or airgun while under the influence of an intoxicant. (am) Causes the death of another by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood.
(b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.08 or more.


939.22(42)
http://docs.legis.wi.gov/statutes/statutes/939/I/22/42
"Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage, of a controlled substance or controlled substance analog under ch. 961, of any combination of an alcohol beverage, controlled substance and controlled substance analog, or of any other drug or of an alcohol beverage and any other drug.



http://docs.legis.wi.gov/statutes/statutes/941/III/23/3/d/_4
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.
WI v. Keith (1993)



So... "materially impaired" can probably be proven at any BAC if they have video of you doing stupid human tricks, or lots of reliable witnesses to your impairedness.
The only absolutes stated in the laws are:
1) 0.08%BAC
2) "a detectable amount of a restricted controlled substance"

Notice that you can be impaired by legal drugs just as much as by alcohol or illegal drugs.

Deek said:

I've been pondering this for some time, and havent been able to find a decent answer. How much booze can have in their system to be considered going armed while intoxicated ?. If I'm out and decide to have a beer with dinner, can I leave the gun in the car and not holster it afterwards for a period time depending on how much was drank?. It seems to be a major hassle to be not able not drink because theres a gun around. And taking it home beforehands isnt always possible.

So, how close does your gun need to be before your considered "going armed"?. State stats. dont really say on either matter...

Thoughts?

Click to expand...

I know that a lot of individuals will not agree with me, but.

I instruct my clients that if they have a weapon on them, DON'T drink. If they plan on drinking, leave the weapon at home.
Trying to convince someone on a jury that the ONE drink you had with dinner doesn't affect your aim and or judgement is not something I would care to attempt. JMHO.

JJC

Being OK is one less drink than being unsafe. Hope this clears it up.

Drunk with a gun? Oh boy...

JJC said:

I know that a lot of individuals will not agree with me, but.

I instruct my clients that if they have a weapon on them, DON'T drink. If they plan on drinking, leave the weapon at home.
Trying to convince someone on a jury that the ONE drink you had with dinner doesn't affect your aim and or judgement is not something I would care to attempt. JMHO.

JJC

Click to expand...

Same here. If I OC, I do not touch any alcohol. If I drink. I only drink at home and then I don't go anywhere till the next day because The legal system and leos are looking for myriads of ways to disarm us. Give them no chance to do so. I only drink in the evening after I have done my errands out and about.

All this info you all have provided is pretty much what I came up with too.... But, the general concern was, IF one was to have a beer with dinner how much time would have to go by before one could feel safe in the fact of not having worry about causing concern. I get the whole zero tolerance thing, and I've turned down many a "here, taste this" things because I had my gun with me. What im wondering about is how close to a firearm is considered "going armed"?

Yeah, if going to have a few I'll leave it behind (I'm not a moron). But leaving it at home isnt always an option. Besides, the DOT says an hour of detox (approx.) for every drink before you drive to be safe, doubling that should be good enough. Its not like they set a BAC level to be at an "impaired" state, just says if you are "impaired". They have that for driving, why cant they set a level for this?. Notice they dont say "zero".....

As for "drunks with guns"..... only a complete dumbass would do that, and they deserve what they get

JJC said:

I know that a lot of individuals will not agree with me, but.

I instruct my clients that if they have a weapon on them, DON'T drink. If they plan on drinking, leave the weapon at home.
Trying to convince someone on a jury that the ONE drink you had with dinner doesn't affect your aim and or judgement is not something I would care to attempt. JMHO.

JJC

Click to expand...

I agree with you, I recommend no drinking while carrying.

Every time someone asks the LAWS, the opinions invariably come out; but I commend the use of words like "recommend" to make it clear it is an opinion. Just so the OP is aware, the opinions vary. Responsible drinking is not necessarily forbidden while merely carrying a defensive firearm or other deadly weapon (think serrated steak knife.) This is, of course, subject to all local laws, and a person's ability to drink responsibly.

Firearms Iinstuctor said:

I agree with you, I recommend no drinking while carrying.

Click to expand...

I recommend the same but add that just because you have a few drinks does not mean that you loose the right to defend your life with your firearm if the need arises

Interceptor_Knight said:

I recommend the same but add that just because you have a few drinks does not mean that you loose the right to defend your life with your firearm if the need arises

Click to expand...

Very true

Deek said:

What im wondering about is how close to a firearm is considered "going armed"?

Click to expand...

That was already answered.

MKEgal said:

http://docs.legis.wi.gov/statutes/statutes/941/III/23/3/d/_4
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.
WI v. Keith (1993)

Click to expand...

I wonder if we need to hide our gun safe keys from ourselves when we have a drink or two (or more) at home?

Beyond stupidity for sure.