Captain Nemo
Regular Member
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.
(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.
