Wisconsin Gun Owners: What You MUST Know About Carrying While Intoxicated
Carrying a firearm while intoxicated remains a serious offense, even with a concealed carry permit. "Going armed" can simply mean a gun is within your reach.
Being a responsible gun owner in Wisconsin means understanding the nuances of state law. A recent Wisconsin Court of Appeals decision, State v. Gonzalez, has significant implications for anyone who chooses to carry a firearm. If you ever find yourself facing charges related to firearms and intoxication, it's crucial to understand your rights and the current legal landscape. The complexities of firearms law demand experienced legal guidance. Consulting with a knowledgeable criminal defense attorney should be your first step.
The Gonzalez Case: A Brief Overview
In a May 6, 2025 ruling, the Wisconsin Court of Appeals addressed the constitutionality of a key Wisconsin statute: Wis. Stat. § 941.20(1)(b). This law makes it a crime to "go armed with a dangerous weapon while under the influence of an intoxicant."
The case involved Bernabe Gonzalez, who was pulled over for a traffic infraction. During the stop, the deputy noticed signs of alcohol impairment. Gonzalez admitted to drinking, failed field sobriety tests, and a preliminary breath test showed a blood alcohol concentration of 0.104 g/100mL. Following his arrest for operating while intoxicated (OWI), a search of his vehicle revealed a loaded 9mm handgun in the driver's side door pocket. Notably, Mr. Gonzalez possessed a concealed carry weapons permit.
Initially, the Milwaukee County Circuit Court dismissed the charge of going armed while intoxicated against Gonzalez. The circuit court judge found that the Wisconsin statute was unconstitutional as applied to Gonzalez, based on a recent U.S. Supreme Court decision, New York State Rifle & Pistol Ass'n, Inc. v. Bruen, which changed how courts analyze Second Amendment rights and firearm regulations.
However, the State of Wisconsin appealed this decision. The Court of Appeals took a different view. It examined the State's argument that Wisconsin's law is consistent with the United States' historical tradition of regulating firearms, particularly concerning intoxication. The appellate court analyzed historical laws dating back to the 1600s colonial era that restricted firearm use by intoxicated individuals.
The Court of Appeals concluded that Wis. Stat. § 941.20(1)(b) is constitutional as applied to Gonzalez. The court reasoned that a historical tradition exists of regulating the combination of firearms and intoxication to prevent misuse. Therefore, the charge against Mr. Gonzalez was reinstated, and the case was sent back to the circuit court for further proceedings.
This decision underscores the evolving interpretation of gun laws. If you are facing a weapons charge, the specific facts of your case and the latest legal precedents are critical. It is imperative to seek counsel from a criminal defense attorney who stays current on these developments and can build the strongest possible defense for you.
Top Three Takeaways from the Gonzalez Decision for Wisconsin Residents
For Wisconsin gun owners and those who may find themselves in similar situations, the Gonzalez opinion offers several crucial insights:
Going Armed While Intoxicated Law (Wis. Stat. § 941.20(1)(b)) Remains Enforceable: The Court of Appeals affirmed that this Wisconsin law is constitutional, even in light of the United States Supreme Court’s Bruen decision. This means that individuals in Wisconsin can continue to be prosecuted if they are armed with a dangerous weapon while under the influence of an intoxicant. The argument that the statute is broadly unconstitutional was rejected in this case.
A Concealed Carry Permit is Not a Shield When Intoxicated: Mr. Gonzalez had a valid concealed carry permit, but this did not prevent him from being charged, nor did it ultimately lead to the charge being dismissed on constitutional grounds by the appellate court. This is a critical reminder that a permit to carry does not grant the right to be armed while intoxicated.
"Going Armed" Can Mean a Firearm is Within Reach: The definition of "went armed" under Wisconsin law includes not only having a firearm on one's person but also knowingly having a firearm within reach. In Gonzalez's situation, the loaded handgun was in the driver's side door pocket – within his reach. The court indicated that having a firearm readily accessible in a vehicle while intoxicated is akin to physically possessing it. This broad definition is important for vehicle owners to understand.
Navigating Your Legal Options
The State v. Gonzalez decision reinforces that Wisconsin law takes the combination of firearms and intoxication seriously. The legal landscape surrounding Second Amendment rights and firearm regulations is complex and subject to ongoing interpretation by the courts.
If you or someone you know is facing charges for going armed while intoxicated, or any other weapons-related offense in Wisconsin, the stakes are high. A conviction can lead to significant penalties, including jail time, fines, and the loss of your right to possess firearms. Do not navigate this challenging situation alone. Contact an experienced and reputable Wisconsin criminal defense attorney immediately to discuss your case, understand your rights, and explore your legal options.
