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Thread: ? about storing gun in car if drinking at a bar.

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    Regular Member FarmerGreg's Avatar
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    ? about storing gun in car if drinking at a bar.

    My question is if I decide to stop at a bar while I have my gun with me to have a couple of beers is it ok to lock it up in a small metal box cabled to front seat or should it be in the trunk out of reach. Just don't want a LEO to say it was concealed when I was drinking because it was within reach.
    Last edited by FarmerGreg; 11-21-2011 at 09:17 PM.

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    Regular Member MilProGuy's Avatar
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    Personally, I'd be apprehensive about the drive home.

    If, say, you were stopped at a DUI roadblock, and you had been drinking, it might not go well for you having a firearm in your vehicle.
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    Quote Originally Posted by FarmerGreg View Post
    My question is if I decide to stop at a bar while I have my gun with me to have a couple of beers is it ok to lock it up in a small metal box cabled to front seat or should it be in the trunk out of reach. Just don't want a LEO to say it was concealed when I was drinking because it was within reach.
    Hey greg,

    941.20 Endangering Safety is here: https://docs.legis.wisconsin.gov/sta...tes/941/III/20

    It uses the phrase "operates or goes armed with", which is the terminology used by the 941.23 Concealed Weapons statute. If it were me, I would put the weapon in a case in the trunk. People have received 941.23 charges with weapons in center consoles and in glove boxes.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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    Regular Member FarmerGreg's Avatar
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    I was kind of thinking the same think but thought that if it was locked in a box it might make it ok? Probably best to leave my gun at home if I'm going to drink. Better safe then sorry!
    Quote Originally Posted by MilProGuy View Post
    Personally, I'd be apprehensive about the drive home.

    If, say, you were stopped at a DUI roadblock, and you had been drinking, it might not go well for you having a firearm in your vehicle.

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    I am Not a Lawyer...

    But the way I read the Wi statutes you would need to either "operate" the firearm or "goes armed with a firearm", both of which seem to be specific terms or types of possesion.

    Having it locked in your trunk should be all-cool as long as you do not handle it while drinking, or drugged.




    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

    941.20(1)(b) (b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or

    (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

    (c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.

    (d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit.
    __________________________________________________ __________________________

    Here is a link to current WI State Statutes-https://docs.legis.wisconsin.gov/statutes/prefaces/toc. Sombody more powerful than I might want to make this link a stickypost. Criminal code starts at 900, with most firearms laws at 941.

    The most important thing for you to remember is that the first thing you lose when drinking is your judgement, after that you can lose all sort of important tangible and intangible what-nots.


    edit:Man! E6cheveron beat me to it! If this was a duel, I would be dead right now!
    Last edited by SourKraut; 11-21-2011 at 09:59 PM. Reason: mad props to E6cheveron
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    Sourkraut:

    In terms of the speed, its a matter of muscle memory, from lots of dry firing!

    Good that you've got my 6.
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    Quote Originally Posted by E6chevron View Post
    Good that you've got my 6.
    An honour, I am sure.
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    Click here for some Common Sense

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Personally, I'd be apprehensive about the drive home.

    If, say, you were stopped at a DUI roadblock, and you had been drinking, it might not go well for you having a firearm in your vehicle.
    DUI checkpoints are illegal in WI:

    349.02(2)(a).

    http://www.iihs.org/laws/checkpoints.html
    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

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    Regular Member Trip20's Avatar
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    Quote Originally Posted by protias View Post
    DUI checkpoints are illegal in WI:

    349.02(2)(a).

    http://www.iihs.org/laws/checkpoints.html
    Safety inspection checkpoints are not illegal, which is what they call their DUI checkpoints in our wonderful state: http://forum.opencarry.org/forums/sh...st-see-YOUTUBE

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by Trip20 View Post
    Safety inspection checkpoints are not illegal, which is what they call their DUI checkpoints in our wonderful state: http://forum.opencarry.org/forums/sh...st-see-YOUTUBE
    I forget if it was you that posted that before, but yes, they need to be taken care of. I already wrote my reps.
    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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    Regular Member Trip20's Avatar
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    Quote Originally Posted by protias View Post
    I forget if it was you that posted that before, but yes, they need to be taken care of. I already wrote my reps.
    Yessir that was me and thank you for writing your reps.

    Quote Originally Posted by E6chevron View Post
    People have received 941.23 charges with weapons in center consoles and in glove boxes.
    How do you think the glove box issue would come in to play in a vehicle with no "trunk"? I have a Trailblazer, and the only secure location really is the lockable glove box.

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    Campaign Veteran GLOCK21GB's Avatar
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    lock the gun up ...have a few drinks..leave gun in lock box when you drive home..good to go.
    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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    Quote Originally Posted by Trip20 View Post
    ...How do you think the glove box issue would come in to play in a vehicle with no "trunk"? I have a Trailblazer, and the only secure location really is the lockable glove box.

    You would need to get a lockable case and put it as far away from yourself as is feasible. This will also be helpful if you need to store you handgun while having the vehicle on school grounds property.
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    Maybe its just me, but if you've has enough to drink that you don't want to carry on your way home, then
    Could it be safe to say that one should NOT be driving??? Because if one was legally allowed to drive, then you should still be able to carry. I was under the impression you only couldn't carry if you were "materially impaired". If I misunderstood the original question, then just ignore this.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by scorpio_vette View Post
    Maybe its just me, but if you've has enough to drink that you don't want to carry on your way home, then
    Could it be safe to say that one should NOT be driving??? Because if one was legally allowed to drive, then you should still be able to carry. I was under the impression you only couldn't carry if you were "materially impaired". If I misunderstood the original question, then just ignore this.
    You are correct, there is no set BAC, only the subjective interpretation of the LEO. I'm not going to get into the driving/carrying issue, but I will say, even if you are drunk, do you lose your right to self defense? I would say no, but I'm sure some DA would try to say otherwise.
    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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    Quote Originally Posted by FarmerGreg View Post
    My question is if I decide to stop at a bar while I have my gun with me to have a couple of beers is it ok to lock it up in a small metal box cabled to front seat or should it be in the trunk out of reach. Just don't want a LEO to say it was concealed when I was drinking because it was within reach.
    Sorry if this is a hijack. I think it relates;....

    I have had a similar question. Because I have an SUV (no trunk) will a lock box cabled to the front seat comply with the vehicle storage requirements? For example in a GFSZ? The lock box, in my specific case, is under the front seat and not accessible from the driver's seat (unless you are a contortionist). I would have to exit the vehicle and open the rear driver door to access.

    Would a legitimant rule of thumb be that if you have to exit the vehicle to access you are in compliance?

    Placing the lock box in the rear of the vehicle is fine in certain situations and I would do this some of the time. I like the under the seat idea for short trips to store the firearm when I can't be in posession (GFSZ).

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    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Personally, I'd be apprehensive about the drive home.

    If, say, you were stopped at a DUI roadblock, and you had been drinking, it might not go well for you having a firearm in your vehicle.
    road blocks in wi are illegal
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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    road blocks in wi are illegal
    Not exactly.....look at the thread Trip20 linked above.

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by protias View Post
    DUI checkpoints are illegal in WI:

    349.02(2)(a).

    http://www.iihs.org/laws/checkpoints.html
    Quote Originally Posted by Trip20 View Post
    Safety inspection checkpoints are not illegal, which is what they call their DUI checkpoints in our wonderful state: http://forum.opencarry.org/forums/sh...st-see-YOUTUBE
    Quote Originally Posted by oliverclotheshoff View Post
    road blocks in wi are illegal
    We've covered this one already.
    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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    Regular Member FarmerGreg's Avatar
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    Quote Originally Posted by protias View Post
    We've covered this one already.
    Thank you for all your comment's your all very helpful.
    Greg
    Member: National Rifle Association, Wisconsin Carry, Inc

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    941.237  Carrying handgun where alcohol beverages may be sold and consumed.
    (2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
    941.237(3) (3) Subsection (2) does not apply to any of the following: 941.237(3)(a) (a) A peace officer.
    941.237(3)(b) (b) A correctional officer while going armed in the line of duty.
    941.237(3)(c) (c) A member of the U.S. armed forces or national guard while going armed in the line of duty.
    941.237(3)(cm) (cm) A private security person meeting all of the following criteria:
    941.237(3)(cm)1. 1. The private security person is covered by a license or permit issued under s. 440.26.
    941.237(3)(cm)2. 2. The private security person is going armed in the line of duty.
    941.237(3)(cm)3. 3. The private security person is acting with the consent of the person specified in par. (d).
    941.237(3)(cr) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
    Effective date note NOTE: Par. (cr) is created eff. 11-1-11 by 2011 Wis. Act 35.
    941.237(3)(ct) (ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
    Effective date note NOTE: Par. (ct) is created eff. 11-1-11 by 2011 Wis. Act 35.
    941.237(3)(cx) (cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises. Effective date note NOTE: Par. (cx) is created eff. 11-1-11 by 2011 Wis. Act 35.
    941.237(3)(d) (d) The licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises.
    941.237(3)(e) (e) The possession of a handgun that is unloaded and encased in a vehicle in any parking lot area. 941.237(3)(f) (f) The possession or use of a handgun at a public or private gun or sportsmen's range or club.
    941.237(3)(g) (g) The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises who is issued the Class "B" or "Class B" license or permit under ch. 125 for the premises.
    941.237(3)(h) (h) The possession of any handgun that is used for decoration if the handgun is encased, inoperable or secured in a locked condition.
    941.237(3)(i) (i) The possession of a handgun in any portion of a hotel other than the portion of the hotel that is a tavern.
    941.237(3)(j) (j) The possession of a handgun in any portion of a combination tavern and store devoted to other business if the store is owned or operated by a firearms dealer, the other business includes the sale of handguns and the handgun is possessed in a place other than a tavern.
    941.237(4) (4) The state does not have to negate any exception under sub. (3). Any party that claims that an exception under sub. (3) is applicable has the burden of proving the exception by a preponderance of the evidence.
    Effective date note NOTE: Sub. (4) is repealed eff. 11-1-11 by 2011 Wis. Act 35.
    941.237 History History: 1993 a. 95, 491; 1995 a. 461; 2007 a. 27; 2011 a. 35.
    941.237 Annotation Sub. (3) does not allow going armed with a concealed handgun in violation of s. 941.23. State v. Mata, 199 Wis. 2d 315, 544 N.W.2d 578 (Ct. App. 1996), 95-1336.

    It appears the no alcohol restriction only applies to a handgun and possession of it while in the location that serves alcohol or on it's property. There is a lot of problems with this statute. Just one example: In a building that is a combination hotel/tavern one can not carry a handgun in the tavern area if they are drinking alcohol. However there doesn't appear to be any restrictions about possessing a handgun while drinking in the hotel area.

    Outside of a tavern or tavern property there doesn't appear to be any restrictions or conditions on carry and alcohol consumption. ss941.237 applies to both open carry and concealed carry. Nothing in ss175.60 even mentions alcohol as a restriction on concealed carry.

    IANL but the way I read the statutes as long as you are not in or on tavern property nothing prohibits concealed carry of a loaded handgun based on BAC. Except that you may not drive a vehicle if your BAC is .08 or higher. There doesn't appear to be any BAC limits to carry in other locations that are not a tavern or while driving a vehicle.

    Another area of confusion: ss941.237 applies only to handguns. So, is it lawful for a person to open carry a long gun into a tavern and consume alcohol?

    My use of the word tavern means any place with a class B liquor license.

    My comments are not intended to be legal advice. They are only my personal opinion.

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    Regular Member RR_Broccoli's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    IANL but the way I read the statutes as long as you are not in or on tavern property nothing prohibits concealed carry of a loaded handgun based on BAC. Except that you may not drive a vehicle if your BAC is .08 or higher. There doesn't appear to be any BAC limits to carry in other locations that are not a tavern or while driving a vehicle.
    WI has two laws restricting alcohol while driving. The first one is BAC .08. The second one is "driving while impaired". They are sometimes both brought to bear on someone who was driving drunk. You can run afoul of the second one with just about anything, and any level of consumption. Be cautious about prescription drugs and one or two drinks.
    "I can only be held responsible for my own stupidity." - Captain Nemo

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    Regular Member MilProGuy's Avatar
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    Quote Originally Posted by oliverclotheshoff View Post
    road blocks in wi are illegal
    Okay...but there is still the possibility that he could be pulled over because a tail light was burned out or because he was speeding, or because he slowed down and "drifted through" a stop sign, and...then, with the alcohal factor and the firearm factor, it might not go well with him during the stop.
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    Regular Member theoicarry's Avatar
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    Quote Originally Posted by MilProGuy View Post
    Okay...but there is still the possibility that he could be pulled over because a tail light was burned out or because he was speeding, or because he slowed down and "drifted through" a stop sign, and...then, with the alcohal factor and the firearm factor, it might not go well with him during the stop.
    Just addressed this concern last evening. Went to the wife's Xmas party, I do not drink enough to worry about driving but do think about the tail light, break light etc. Then of course the question, have you consumed any alcohol, then of ocourse there could be that smell. Then do you have any weapons etccc. etccc.
    For the first time since I recieved my CC license, I left the gun at home.
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