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OC havin a few beers @ home?

Landose_theghost

Regular Member
Joined
May 17, 2009
Messages
512
Location
Green Bay, Wisconsin, USA
imported post

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?

-Landose-
 

anmut

Regular Member
Joined
Jan 1, 2010
Messages
875
Location
Stevens Point WI, ,
imported post

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. :)
 

logan

Campaign Veteran
Joined
May 11, 2009
Messages
433
Location
Greeley, CO
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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.
 

BerettaFS92Custom

Regular Member
Joined
Jan 31, 2010
Messages
232
Location
mid south but not madison , , USA
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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?
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
, ,
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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.
 

Old Grump

Regular Member
Joined
Jan 22, 2010
Messages
387
Location
Blue River, Wisconsin, USA
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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.
 

logan

Campaign Veteran
Joined
May 11, 2009
Messages
433
Location
Greeley, CO
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Least I'll never have to worry about drinking and carrying a gun, as I don't drink :D Cheaper that way too!
 
M

McX

Guest
imported post

considering what has happened in the past on some people's front porches around here, i think i'd stay in the back yard.
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
, ,
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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.
 

bigdaddy1

Regular Member
Joined
May 7, 2009
Messages
1,320
Location
Southsider der hey
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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.
 

BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
imported post

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.
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
imported post

"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."
 
Joined
Jun 21, 2009
Messages
2,381
Location
across Death's Door on Washington Island, Wisconsi
imported post

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.
 

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
imported post

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.
 

GLOCK21GB

Campaign Veteran
Joined
Apr 22, 2009
Messages
4,347
Location
Green Bay, Wisconsin, USA
imported post

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.:?
 

scorpio_vette

Regular Member
Joined
Aug 19, 2009
Messages
635
Location
nowhere
imported post

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. :D:D:D just kidding.
 

Yooper

Regular Member
Joined
Aug 14, 2008
Messages
800
Location
Houghton County, Michigan, USA
imported post

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
 
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