Carrying a handgun on premises where alcohol beverages are consumed is a Class A misdemeanor. Contact Van Severen Law Office at (414) 270-0202 for help.
Section 941.237 of the Wisconsin Statutes prohibits carrying a handgun on premises where alcohol beverages are sold and consumed. This law applies to any establishment holding a Class “B” or “Class B” license under Chapter 125, which includes bars, taverns, restaurants with liquor licenses, and similar venues. You face a Class A misdemeanor charge if convicted, meaning you could receive a maximum penalty of 9 months in jail, $10,000.00 in fines, or both. This charge is not a felony, so a prison sentence is not a possibility. No mandatory minimum penalty applies.
If you possess a valid Wisconsin concealed carry weapon (CCW) permit or an out-of-state license, this statute does not apply to you, but only if you are not consuming alcohol on the premises. The law does not set a blood alcohol limit, but instead requires complete abstinence from drinking while carrying. Other exceptions apply to law enforcement, correctional officers, property owners, managers, employees and other agents associated with the establishment. Other individuals can be authorized by the owner of the establishment.
At Van Severen Law Office, S.C., we regularly represent individuals facing criminal charges involving firearms. While this particular charge is a misdemeanor, other firearm-related charges can carry serious penalties and longer-term consequences. If you’ve been charged with carrying a handgun on alcohol premises or any other weapons-related offense, contact our firm for a free initial consultation at (414) 270-0202.
Section 941.237(2) – Carrying handgun where alcohol beverages may be sold and consumed
Section 941.237 of the Wisconsin Statutes provides the statutory language of the carrying a handgun where alcohol is sold and consumed law. It indicates:
(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. (3) Subsection (2) does not apply to any of the following:
[Peace officers, correctional officers while on duty, certain authorized security guards, armed forces and national guard members on duty, out-of-state law enforcement officers, former law enforcement officers, CCW-permit holders that are not drinking, individuals authorized by the owner of the property, and various other individuals.]
As we previously mentioned, the statute targets buildings located on premises holding a Class “B” or “Class B” alcohol license under Chapter 125. The law does not apply to retailers that only sell alcohol for off-premises consumption, such as liquor stores or gas stations. Many of these locations hold Class “A” or “Class A” licenses, not the ones we’re discussing here.
Wisconsin Criminal Jury Instruction 1338 – Carrying a handgun on premises where alcohol beverages are sold
Jury instructions provide critical insight into how Wisconsin courts interpret criminal statutes. Judges read these instructions to jurors during trial. Courts also use them when conducting plea hearings with defendants. Defense attorneys, prosecutors, and the general public rely on them to better understand specific concepts in civil and criminal law.
Wisconsin Criminal Jury Instruction 1338 describes the elements, or parts, of carrying a handgun where alcohol beverages are sold and consumed. The government bears the burden to prove each of these elements beyond a reasonable doubt. If prosecutors cannot prove all elements, the court cannot find the defendant guilty. The elements are:
Firstly, the defendant went armed with a handgun.
The phrase “went armed” means that a firearm must have been on the defendant’s person or that a firearm must have been within the defendant’s reach. In addition, the defendant must have been aware of the presence of the firearm. “Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.
Secondly, the defendant went armed with a handgun on a premises licensed for the sale and consumption of alcohol beverages.
Thirdly, the defendant acted intentionally.
This requires that the defendant knew that he was armed with a handgun and knew that the premises was licensed for the sale and consumption of alcohol beverages.
Carrying handgun where alcohol beverages may be sold and consumed is a misdemeanor in Wisconsin. Contact Van Severen Law Office, S.C. at (414) 270-0202 to speak with our criminal defense attorneys about how we can help.
Related and companion charges
Prosecutors frequently file additional charges alongside violations of section 941.237. Here are a few potential charges that could result in a situation that involves carrying handgun in a bar.
Carrying a concealed weapon. Openly carrying a handgun in a bar will likely result in a quick call to the police. But what happens when the defendant possesses the handgun in a concealed fashion without the proper permit? He faces the potential for criminal charges based on carrying a concealed weapon in addition to the underlying carrying a handgun on premises where alcohol beverages are consumed.
Disorderly conduct. Was an argument or fight involved? Officers often arrive at alcohol licensed premises after someone reports a disturbance or argument. When they discover a handgun during their investigation, they charge both the underlying disorderly conduct and the weapons violation.
Operating while intoxicated. What happens when police respond to the scene and find the defendant in his vehicle while intoxicated? Even if he’s simply waiting for the police to arrive and is cooperative, this could lead to an OWI charge if the keys are in the vehicle or it’s turned on.
Defense strategy must account for these multiple charges. Prosecutors sometimes use the additional charges as leverage during plea negotiations. They may offer to dismiss companion charges in exchange for a guilty plea to the primary offense. It is important to evaluate each charge independently and determine which ones the government can actually prove beyond a reasonable doubt.
Contact Van Severen Law Office, S.C. at (414) 270-0202 for help.
We think hiring a criminal defense attorney becomes critical the moment you face potential weapons charges. Many people delay action and hope the situation resolves itself. They believe police will drop the matter or prosecutors will decline to file charges. We see this strategy fail regularly. Prosecutors move forward with cases even when defendants act without criminal intent or make honest mistakes.
Sometimes early legal representation produces the strongest outcomes in these cases. Our attorneys immediately begin gathering favorable evidence and building your defense. We interview witnesses who support your version of events. We examine whether officers followed proper procedures during your arrest. In favorable circumstances, we convince law enforcement not to refer charges to the district attorney’s office. But even if it does reach the district attorney, it’s still sometimes possible to convince a prosecutor to not file criminal charges.
Section 941.237 violations often involve multiple criminal charges that increase your legal jeopardy. The mixture of firearms, alcohol consumption, and potential intoxication creates several prosecution angles. Prosecutors leverage these stacked charges during plea negotiations. Your defense attorney must challenge each allegation separately and identify weaknesses in the government’s evidence.
Contact Van Severen Law Office, S.C. today to schedule a free consultation. We answer calls around the clock at (414) 270-0202. Acting quickly protects your rights and improves your chances of a favorable resolution. Prompt legal intervention in handgun cases makes a measurable difference in case outcomes.
