941.237 Carrying handgun where alcohol beverages may be sold and consumed.

(1) In this section:

(a) “Alcohol beverages" has the meaning given in s. 125.02 (1).

(b) “Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

(c) “Encased" has the meaning given in s. 167.31 (1) (b).

(cm) “Firearms dealer" means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the federal government.

(d) “Handgun" has the meaning given in s. 175.35 (1) (b).

(dm) “Hotel" has the meaning given in s. 97.01 (7).

(dr) Notwithstanding s. 939.22 (22), “peace officer" does not include a commission warden who is not a state-certified commission warden.

(e) “Premises" has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

(em) “Private security person" has the meaning given in s. 440.26 (1m).

NOTE: The cross-reference to s. 440.26 (1m) was changed from s. 440.26 (1m) (h) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the consolidation and renumbering of s. 440.26 (1m) (intro.) and (h) under s. 13.92 (1) (bm) 2.

(f) “Target range" means any area where persons are allowed to use a handgun to fire shots at targets.

(fm) “Tavern" means an establishment, other than a private club or fraternal organization, in which alcohol beverages are sold for consumption on the premises.

(g) “Unloaded" means any of the following:

1. Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.

2. In the case of a caplock muzzle-loading handgun, having the cap removed.

3. In the case of a flintlock muzzle-loading handgun, having the flashpan cleaned of powder.

(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:

(a) A peace officer.

(b) A correctional officer while going armed in the line of duty.

(c) A member of the U.S. armed forces or national guard while going armed in the line of duty.

(cm) A private security person meeting all of the following criteria:

1. The private security person is covered by a license or permit issued under s. 440.26.

2. The private security person is going armed in the line of duty.

3. The private security person is acting with the consent of the person specified in par. (d).

(cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

(ct) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

(cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.

(d) The licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises.

(e) The possession of a handgun that is unloaded and encased in a vehicle in any parking lot area.

(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 who is issued the Class “B" or “Class B" license or permit under ch. 125 for the premises.

(h) The possession of any handgun that is used for decoration if the handgun is encased, inoperable or secured in a locked condition.

(i) The possession of a handgun in any portion of a hotel other than the portion of the hotel that is a tavern.

(j) The possession of a handgun in any portion of a combination tavern and store devoted to other business if the store is owned or operated by a firearms dealer, the other business includes the sale of handguns and the handgun is possessed in a place other than a tavern.

History: 1993 a. 95, 491; 1995 a. 461; 2007 a. 27; 2011 a. 35; 2015 a. 22, 55; s. 13.92 (1) (bm) 2.

Sub. (3) does not allow going armed with a concealed handgun in violation of s. 941.23. State v. Mata, 199 Wis. 2d 315, 544 N.W.2d 578 (Ct. App. 1996), 95-1336.