Thursday, Feb. 2, 2023
Is it illegal to consume any alcohol when carrying a gun in Wisconsin?
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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