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Thread: OC havin a few beers @ home?

  1. #1
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    I mean I've beenknown tohave a few on my porch/yard whilst OC'n(not wasted,2-3 beers)and givin that this is technicly private property, is this legal to do? Or am I asking for trouble from the local LE? Or for that matter, what are the legalitities of havin a few and OC'n in my own home?

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    Regular Member anmut's Avatar
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    I wouldn't suggest consuming and carrying on your front porch. Don't know the legalities of it.

    In the woods plinking and putting back a few brewskis - well that's a different matter.

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    Campaign Veteran logan's Avatar
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    I'm sure it wouldn't go over well if you were drinking while OCing and actually had to use your weapon in self defense.
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
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    would never ever drink and have to use a weapon. ( excpet during Packer Season)



    seriously. that would most likely be trouble i am sure they could not arrest you for drinking and carry on your own property but.... why risk it?

  5. #5
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    So in other words, if you choose to have a drink you give up your right to self-defense???????

    Its legal to drink and drive (its just not legal to be drunk and drive)

    Its legal to drink and carry (Its just not legal to be 'intoxicated' and carry)

    For driving the legislature has determined what evidence of "intoxication" is (.08)

    I would expect that a similar standard of intoxication would be used for carrying, but IANAL nor do I pretend that a court would use a standard that 'makes sense'.

    Me personally. I drink and carry on my own property ALL the time. I don't get drunk and carry, but I drink and carry.
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    Looks like we need another law to ensure responsible gun possession.

  7. #7
    Regular Member Old Grump's Avatar
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    Another law won't stop dopes from being irresponsible. That includes drinking in the woods while plinking. Not in my back yard, you do one or the other. I got old and intend to get older. Getting shot by somebody with a buzz on isn't one of my life experience goals.

    Some call me a fanatic on the subject and they may be right. I kicked my commanding officer off the range when he showed up with a can of beer. He only wanted to watch but I gave him the choice, lose the beer or remove me as rangemaster. He left, then defended me when the XO jumped on my parade about it.

    I won't say no to a guy having a beer while carrying but I sure will if he is getting ready to shoot on a range with other people around. Formal or informal range doesn't matter, powder and alcohol don't mix.

    Warned you guys I would be a pain in the Yup Yup.
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    Campaign Veteran logan's Avatar
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    Least I'll never have to worry about drinking and carrying a gun, as I don't drink Cheaper that way too!
    Logan - Laugh lots, Love Often, and Defend the Irreplaceable
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  9. #9
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    considering what has happened in the past on some people's front porches around here, i think i'd stay in the back yard.

  10. #10
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    I won't say no to a guy having a beer while carrying but I sure will if he is getting ready to shoot on a range with other people around. Formal or informal range doesn't matter, powder and alcohol don't mix
    Studies have shown that people exhibit similar and more impairment than they do when consuming some amounts of alcohol as they may be when they are tired, sick, etc.

    If someone had a sleepless night, shall they not go to the range? Would you send someone home from the range who had a cold/sinus infection? A little inner ear infection can make someone's balance more affected than a few beers.

    I'm not berating you, merely making the point that everyone needs to remember 2 things... First, they are responsible for their behavior and behavior has consequences.

    While remembering those 2 things, I encourage people to use their own good judgement as to what they do, when they do it, etc.

    True, unfortunately (with our nanny government) we are best to live within the law... having said that, just because something is illegal doesn't mean its wrong, and just because something is legal doesn't mean its right.

    Use your own good judgement and be prepared for the consequences of your behavior.
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    Regular Member bigdaddy1's Avatar
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    I am not an attorney, nor do I play one on tv. I would assume the law is intended for a business, not a residence. I say if your intending on getting plowed, dont OC, a few beverages would not be an issue.
    What part of "shall not be infringed" don't you understand?

  12. #12
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    There are no laws prevent you from doing so.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Wisconsin Carry, Inc. - Chairman wrote:
    So in other words, if you choose to have a drink you give up your right to self-defense???????

    Its legal to drink and drive (its just not legal to be drunk and drive)

    Its legal to drink and carry (Its just not legal to be 'intoxicated' and carry)

    For driving the legislature has determined what evidence of "intoxication" is (.08)

    I would expect that a similar standard of intoxication would be used for carrying, but IANAL nor do I pretend that a court would use a standard that 'makes sense'.

    Me personally. I drink and carry on my own property ALL the time. I don't get drunk and carry, but I drink and carry.
    I am in 100% agreement.


  14. #14
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    "941.20 Endangering safety by use of dangerous
    weapon. (1) Whoever does any of the following is guilty of a
    Class A misdemeanor:
    (a) Endangers another’s safety by the negligent operation or
    handling of a dangerous weapon; or
    (b) Operates or goes armed with a firearm while he or she is
    under the influence of an intoxicant"

    Probably this means .08 in Wisconsin. If I remember correctly, in MN for guns it's 1/2 the level allowed for driving, i.e., .04.

    The law doesn't distinguish whether you're on your own property or elsewhere, and I doubt it matters. As I recall from court opinions to "go armed" doesn't require that you actually "go" somewhere; it simply means to "be armed."


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    939.22
    [ ...]
    (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.

    The essential element above is "materially impaired", a very high standard having nothing to do with BAC.

  16. #16
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    Not so fast Doug. In that section "intoxicant" includes, but is not limited to alcohol. The definition is necessarily vague because there's no way of chemically quantifying the effects of any possible intoxicant or combination of intoxicants.

    The discussion here concerned only alcohol, and it is established that a BAC of .08 is considered under the influence in Wisconsin. I think one would be very hard pressed to convince a jury or judge that one is not "under the influence" with an alcohol level of .08 or above.
    A. Gold

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    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.

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    Master Doug Huffman wrote:
    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.
    and I am old enough to remember when MTV played music video's, but it still won't buy me a cup of coffee.:?
    http://youtu.be/xWgVGu3OR4U AACFI, Wisconsin / Minnesota Carry Certified. Action Pistol & Advanced Action pistol concepts + Urban Carbine course. When the entitlement Zombies begin looting, pillaging, raping, burning & killing..remember HEAD SHOTS it's the only way to kill a Zombie. Stockpile food & water now.

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    Master Doug Huffman wrote:
    939.22
    [ ...]
    (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.

    The essential element above is "materially impaired", a very high standard having nothing to do with BAC.
    well this doesn't apply to me anyways, because i'm not an actor. just kidding.

  20. #20
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    Master Doug Huffman wrote:
    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.
    I know in Colorado they'll charge you with both DUI and DUI per se if you take the blood or breath test. You can get out of the per se charge by refusing, but then you automatically lose your DL for at least 6 months, regardless if you are innocent or guilty
    Rand Paul 2016

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    I ANAL think that's the 'permissive presumption' part that is agreed to in exchange for the privilege to drive.

    You give the state permission to presume guilt and impairment absent your empirical demonstration by a blood alcohol concentration test.

  22. #22
    Regular Member Interceptor_Knight's Avatar
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    Inresponse to the original question, you are not immune to being cited for being under the influence on your own property if you choose to drink and carry....:?

    Shotgun wrote:
    Not so fast Doug. In that section "intoxicant" includes, but is not limited to alcohol. The definition is necessarily vague because there's no way of chemically quantifying the effects of any possible intoxicant or combination of intoxicants.

    The discussion here concerned only alcohol, and it is established that a BAC of .08 is considered under the influence in Wisconsin. I think one would be very hard pressed to convince a jury or judge that one is not "under the influence" with an alcohol level of .08 or above.
    .08 is an arbitrary amount which has nothing to do with being "under the influence"...

    It is used as a stand alone standard for the prohibited Alcohol Content of your blood for the operation of a motor vehicle. As I mentioned in another thread. I recently served on a jury for a PAC/OUI case. The jury instructions suprised me.

    When you get pulled over in WI, you are issued 2 citations. 1 for Prohibited Alcohol Content and the other for Operating Under the Influence. You may be convicted for Operating Under the Influence regardless of your BAC. You may be convicted for BAC regardless of OUI. You can pass every sobriety test known to man but if the lab in Madison says your blood contained .08% or above, you are toast...



  23. #23
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    Glock34 wrote:
    Master Doug Huffman wrote:
    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.
    and I am old enough to remember when MTV played music video's, but it still won't buy me a cup of coffee.:?
    Funny and true G34. Times do change...

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    Glock34 wrote: [/b]
    Master Doug Huffman wrote:
    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.
    and I am old enough to remember when MTV played music video's, but it still won't buy me a cup of coffee.:?
    MTV playing music videos??? i don't believe it.

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    scorpio_vette wrote:
    Glock34 wrote: [/b]
    Master Doug Huffman wrote:
    I'm old enough to remember the difference between per se intoxication and the permissive presumption of 'under the influence'.

    The law is a beast of burden that lawyers ride to work.
    and I am old enough to remember when MTV played music video's, but it still won't buy me a cup of coffee.:?
    MTV playing music videos??? i don't believe it.
    My grandpappy once told me of a tale about Music Videos on music television, but I think it's like the story ofAtlantis.
    Nemo Me Impune Lacesset

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