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FACT BRIEF

Is it illegal to consume any alcohol when carrying a gun in Wisconsin?

By Jacob Alabab-Moser
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NO

Wisconsin law forbids individuals from carrying or operating a firearm while they are "under the influence of an intoxicant," though no numerical definition of intoxication is provided. The law defines "under the influence" as the state in which a person's alcohol consumption makes it so that their ability to "handle a firearm or airgun is materially impaired."

The Wisconsin Supreme Court ruled in 2021 that the law forbidding intoxicated firearm use was constitutional and did not violate the Second Amendment. The ruling came in the case of a Madison man who carried a gun while drunk in his apartment during an argument with roommates. The man had claimed self-defense, but multiple courts rejected that defense.

State law also bars anyone armed with a handgun from premises that have Class B liquor licenses — which allow liquor sales and on-premises consumption. 

This fact brief is responsive to conversations such as this one.
Sources
Wisconsin State Legislature Wisconsin Legislature: 941.20
Wisconsin State Legislature Wisconsin Legislature: 939.22(42)
Wisconsin Courts Wisconsin Supreme Court ruling on State of Wisconsin v. Christen
Milwaukee Journal Sentinel Even in your own home, you can't carry a gun while drunk unless acting in self-defense
Wisconsin State Legislature Wisconsin Legislature: 941.237
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Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.