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Posted: 1/5/2012 4:45:41 PM EDT
To begin I do not hold a current WI permit, I only open carry. I do so currently because I don't believe I need the state's blessing to arm myself, and my current piece is just not practical for concealment (full size railed 1911 with light, it's all I have). My mind may change down the road, but please don't berate me for my carry choices, that's not why I'm posting.

This evening myself and another Arfcommer are heading home out of Waupaca. I do as I've done very often in the past, which is stop at a little gas station and truck stop restaurant (they do not serve alcohol) on 54 to get some smokes and coffee. I've done this 20+ times in the past, always armed, with no comment from the employees. They are not posted.

Tonight while checking out, the cashier asks me if I'm a police officer, to which I reply no. Then she asks me (politely) not to carry in the store any longer, as they sell alcohol, and it's against the law. Well......I'm not a lawyer, and don't know every little nuance of carry law, and this is a private business, so I say no problem. Take my stuff and go.

I know I'm not to be walking into taverns or restaurants that serve alcohol while OCing, however, this is something that hasn't occurred to me as of yet. Am I breaking the law by OCing in gas stations or grocery stores that sell alcohol?
Link Posted: 1/5/2012 4:49:00 PM EDT
[Last Edit: 1/5/2012 4:55:41 PM EDT by Bill2k1]
I am reasonably sure a non permit holder may not have a firearm in a place that sells alcohol. Only permit holders may be armed in such place and only when not consuming.



from the CCW FAQ at the WI DoJ site


Persons who do not have a CCW permit may not carry a handgun in a tavern and those persons with a CCW license may carry a concealed handgun in a tavern only if NOT consuming alcohol. Wis. Stat. § 941.237(3)(cx).




Maybe the person misunderstood the wording of the law. I would imagine a place that does not qualify as a tavern would be ok.

Edit: I don't know what the legal definition of a tavern is.
Link Posted: 1/5/2012 4:53:26 PM EDT
[Last Edit: 1/5/2012 4:54:13 PM EDT by eclark53520]
I don't know of any restrictions for carrying with our without a permit or concealed/open with regards to a place that sells alcohol.

EDIT: as stated above so long as it's not a tavern...
Link Posted: 1/5/2012 5:02:57 PM EDT
IANAL, however, as I read the law, you are GTG in a liquor store. The law only deals with taverns, and defines a tavern as an establishment that sells alcohol for on site consumption. In that case, you are allowed as a CCW holder to carry so long as you are not consuming. Non-CCW holders may not carry in a tavern regardless of consumption. No mention is made of places that sell liquor in a retail setting.
Link Posted: 1/5/2012 5:24:39 PM EDT

Originally Posted By Murooka:
To begin I do not hold a current WI permit, I only open carry. I do so currently because I don't believe I need the state's blessing to arm myself, and my current piece is just not practical for concealment (full size railed 1911 with light, it's all I have). My mind may change down the road, but please don't berate me for my carry choices, that's not why I'm posting.

This evening myself and another Arfcommer are heading home out of Waupaca. I do as I've done very often in the past, which is stop at a little gas station and truck stop restaurant (they do not serve alcohol) on 54 to get some smokes and coffee. I've done this 20+ times in the past, always armed, with no comment from the employees. They are not posted.

Tonight while checking out, the cashier asks me if I'm a police officer, to which I reply no. Then she asks me (politely) not to carry in the store any longer, as they sell alcohol, and it's against the law. Well......I'm not a lawyer, and don't know every little nuance of carry law, and this is a private business, so I say no problem. Take my stuff and go.

I know I'm not to be walking into taverns or restaurants that serve alcohol while OCing, however, this is something that hasn't occurred to me as of yet. Am I breaking the law by OCing in gas stations or grocery stores that sell alcohol?

If they are serving it, you cannot OC without permission from the owner or management. (Note, that was pre Nov 1st. It may be different now.)

You cannot be intoxicated and carrying.

If you are concealing, you can go in anywhere, as long as there is no sign or it's not on one of the prohibited places. You cannot drink or consume while carrying to get intoxicated. You can go with your family to a bar, drink soda and have dinner and not have permission (barring signs again).

The cashier is wrong about the law, but she does have weight of the law behind her. If she asks you not to, you can't carry. Period. Go to management and get clarification, then let us know who bans carry so we can avoid them too.

There are no restrictions (barring signs, again) for places that sell alcohol for take home so grocery store, etc. with beer is no different than a grocery without beer.
Link Posted: 1/5/2012 6:10:40 PM EDT
Yep, as others have stated as long as the establishment dos not hold a Class B (or C I think), where they can serve alcohol on the premise; you can open carry there.
I have been in numerous stores, gas stations and a few liquor stores and have purchased alcohol while open carrying. I have also been in a few bars with permission before Act 35 was passed open carrying but as a personal choice I did not consume.

In general I tend not to tell people you can open carry in a bar w/ permission as its sort of a slightly gray area still, as far as whats required to meet the exception in the law.

All the above is referenced with open carry without having a permit. With a CCL you can go into any bar, store, festival, etc with a liquor license and open or conceal carry if they don't post but you cannot consume any alcohol.
Link Posted: 1/5/2012 9:42:24 PM EDT
As Super Pimp stated, depends on their license. I believe there are a few locations that are classed as a tavern in order to sell past 9pm.
Link Posted: 1/6/2012 4:45:37 AM EDT
Originally Posted By Murooka:
I do as I've done very often in the past, which is stop at a little gas station and truck stop restaurant (they do not serve alcohol) on 54 to get some smokes and coffee.


Now that you mention it......

I think the restaraunt portion may serve beer. Since the restaraunt and gas station are in the same building, they may both operate under the same license.

*scratches chin*
Link Posted: 1/6/2012 8:49:02 AM EDT
The clerk 'might' be correct.

Statute 941.237 addresses this, but says "Carrying handgun where alcohol beverages may be sold and consumed." It doesn't say sold or consumed. It also specifically mentions class A or B liquor license. I'm not familar with what that entails and don't know what license this place in particular holds. Now with a CCW license you are GTG, however without one would depend on what class liquor license the establishment holds. I'd assume that a store selling alcohol probably isn't licensed for on-site consumption so because of the "and" you might be GTG. Because you really don't know, you're risking a class A misd. to find out.
Link Posted: 1/6/2012 1:04:45 PM EDT
Originally Posted By NAM:
Originally Posted By Murooka:
I do as I've done very often in the past, which is stop at a little gas station and truck stop restaurant (they do not serve alcohol) on 54 to get some smokes and coffee.


Now that you mention it......

I think the restaraunt portion may serve beer. Since the restaraunt and gas station are in the same building, they may both operate under the same license.

*scratches chin*


Even so, there is a clear partition between the restaurant and the gas station. Another good point brought up is if they hold a license to serve, they may be able to do so after 9pm, but I've never tried to buy beer there after that.

Either way, looks like a moot point. It is a private business and all that. I just wish they would post then.
Link Posted: 1/6/2012 1:20:24 PM EDT
Originally Posted By RULE762:
As Super Pimp stated, depends on their license. I believe there are a few locations that are classed as a tavern in order to sell past 9pm.


Being able to sell past a certain time is dictated by local ordanances.
Link Posted: 1/6/2012 1:27:18 PM EDT
Originally Posted By Murooka:

Even so, there is a clear partition between the restaurant and the gas station. Another good point brought up is if they hold a license to serve, they may be able to do so after 9pm, but I've never tried to buy beer there after that.


My point is that it does not matter how many partitions there are AFAIK. Same premisis, same license, same rules. we'll have to take a look the next time we're there, as they usually have the liquor license on the wall somewhere.

As for 9pm, You can buy beer until midnight in Waupaca. It's not just that particular place.
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