• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

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

FarmerGreg

Regular Member
Joined
Jul 16, 2011
Messages
73
Location
Delavan, Wi
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:

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
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.
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
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/statutes/statutes/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.
 

FarmerGreg

Regular Member
Joined
Jul 16, 2011
Messages
73
Location
Delavan, Wi
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!
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.
 

SourKraut

Regular Member
Joined
Jun 16, 2011
Messages
113
Location
Wisconsin
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.:uhoh:


edit:Man! E6cheveron beat me to it! If this was a duel, I would be dead right now!
 
Last edited:

Trip20

Regular Member
Joined
Nov 16, 2006
Messages
526
Location
Wausau Area
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.

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.
 

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
...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.
 

scorpio_vette

Regular Member
Joined
Aug 19, 2009
Messages
635
Location
nowhere
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.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
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.
 

Helorob

Regular Member
Joined
Nov 16, 2011
Messages
34
Location
S.E. WI
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).
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
Top