MKEgal
Regular Member
Alcohol and carrying
Current WI law re: alcohol & carrying
This came up in another thread & I finally went searching for the answer:
(Tried posting it in my blog & was told that wasn't an appropriate use of a blog.)
If I'm ever forced to defend myself, & I've had a drink with dinner, I'll demand an immediate blood-alcohol test & my lawyer, then let her stew about the definition.
It'd be nice if the legislature clarified the law to the same .08% for DUI.
Luckily...:
I don't plan to ever be under the influence, as defined in the law, while carrying, so I don't think it'll be a problem for me.
...
So leading back to another discussion from months ago...
This seems to show that someone could have a "pistol tavern", where carry is permitted & people can have a drink while playing darts or pool or watching the game.
If I were running the place, when people bought their one bit of alcohol for the evening I'd put a stamp on their hand (or dip their finger in ink or some such), then they'd get 25c soda the rest of the night.
Current WI law re: alcohol & carrying
This came up in another thread & I finally went searching for the answer:
(Tried posting it in my blog & was told that wasn't an appropriate use of a blog.)
Look it up here: http://legis.wisconsin.gov/RSB/STATS.HTMLa WI Carry member said:Where in the law does it say we cannot have any alcohol in our system while carrying?
Hmmm... so the argument comes down to what "materially impaired" means.941.20 Endangering safety by use of dangerous weapon
(1) Whoever does any of the following is guilty of a Class A misdemeanor
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant
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...
If I'm ever forced to defend myself, & I've had a drink with dinner, I'll demand an immediate blood-alcohol test & my lawyer, then let her stew about the definition.
It'd be nice if the legislature clarified the law to the same .08% for DUI.
Luckily...:
So if the BG attacks & doesn't stop once he's looking at the business end of a pistol, I think that would be pretty clear evidence.940.09 Homicide by intoxicated use of vehicle or firearm
1(g)(a) Causes the death of another by the operation or handling of a firearm or airgun while under the influence of an intoxicant.
940.09(2)(a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant...
I don't plan to ever be under the influence, as defined in the law, while carrying, so I don't think it'll be a problem for me.
...
So leading back to another discussion from months ago...
This seems to show that someone could have a "pistol tavern", where carry is permitted & people can have a drink while playing darts or pool or watching the game.
If I were running the place, when people bought their one bit of alcohol for the evening I'd put a stamp on their hand (or dip their finger in ink or some such), then they'd get 25c soda the rest of the night.
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