Carrying inside RESTAURANTS that have alcohol license, LEGAL?
Here's 941.237 Carrying handgun where alcohol beverages may be sold and consumed
http://docs.legis.wi.gov/statutes/statutes/941/III/237
In general it's a crime. Exceptions applicable to regular citizens:
(cx) A licensee... or an out-of-state licensee... if the licensee or out-of-state licensee is not consuming alcohol on the premises.
(f) The possession or use of a handgun at a public or private gun or sportsmen's range or club.
(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
All of this assumes that the business isn't posted "keep out, evil gun-owner".
With permission from the owner or manager, you're allowed to carry openly even without a carry license.
With a carry license, you're allowed to carry openly or concealed, but may not drink alcohol.
No matter where you are, it's illegal to be "materially impaired" or "under the influence" while in possession of a firearm.
See
939.22(42) for the definition of UtI:
"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...
The only hard & fast definition of "materially impaired" I've been able to find is 0.08% BAC, same as DUI. That's not to say that someone couldn't be arrested or even convicted at a lower BAC.
INSIDE CAR - Open carry legal? Concealed carry legal?
Concealed is legal with a license. According to what the
law says, open is legal with or without a license, but there are some people who still treat OC as cc if it's in a car.
Here's 167.31 Safe use and transportation of firearms and bows
http://docs.legis.wi.gov/statutes/statutes/167/31
Applicable parts:
(b) Except as provided in sub.
(4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a vehicle, unless one of the following applies:
167.31(2)(b)1.1. The firearm is unloaded or is a handgun.
167.31(2)(c)
(c) Except as provided in sub.
(4), no person may load a firearm, other than a handgun, in a vehicle
Problems occur because there is old case law (from 1994 - before our cc law, and before RKBA was part of the WI Constitution) saying that any firearm in the passenger area of a car is automatically concealed just because it's in the car.
Cases which have occurred since our cc law was put into effect have contradicted this old ruling, and the ruling was stupid to begin with (see Walls below).
Also see 941.23 Carrying concealed weapon
http://docs.legis.wi.gov/statutes/statutes/941/III/23
From the notes:
The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; and 3) the weapon is hidden.
State v. Keith (1993)
A handgun on the seat of a car that was indiscernible from ordinary observation by a person outside, and within the immediate vicinity, of the vehicle was hidden from view for purposes of determining whether the gun was a concealed weapon under this section.
State v. Walls (1994)
Here's where you can search the WI statutes:
http://legis.wisconsin.gov/RSB/STATS.HTML