Intoxicated Possession of a Firearm Glendale-Whitefish Bay office near Bayshore Mall

Penalties for intoxicated possession of a firearm in Glendale & Whitefish Bay

Even with a concealed carry permit, you can still land yourself in a world of hurt if you possess a firearm while intoxicated. Under Wisconsin State law, this charge is known as endangering safety by use of a dangerous weapon while intoxicated. This is a Class A misdemeanor in the state of Wisconsin. The maximum possible penalties involve nine months in jail, a $10,000 fine, or both.

Intoxicated possession of a firearm in Glendale & Whitefish Bay

It is very common that people receive intoxicated possession of a firearm for operating under the influence. In some cases, the driver of the vehicle has a firearm on their person, however, it is just as common that there was a firearm in the vehicle and they also received the same charges.

How can this be? Under Wisconsin's laws for possession of a firearm, possession can be defined as the object being somewhere where you exercise physical control. So, if you are driving your car in Glendale and keep a firearm in the glove compartment or the center console, if you are intoxicated, you can also be charged with intoxicated possession of a firearm.

How do they know that the gun is in there? It is important to note that if you are arrested for operating while under the influence, the law gives officers free rein to search somebody's vehicle for evidence of operating while under the influence. This means that they can search the car for evidence of alcohol or other drugs, and if they see a firearm while they are doing that search, they can confiscate that as well. If you are receiving these charges in places such as Glendale or Whitefish Bay, keep in mind that the Milwaukee County District Attorney's office is instructed to zealously prosecute firearms cases.

When looking at a charge for possession of a firearm while intoxicated, it is important to note that there are questions surrounding the definition of possession, the definition of intoxicated, and the definition of a firearm. First, a firearm is defined as something that acts by the control of gunpowder. Whether somebody is intoxicated is a much bigger issue throughout Wisconsin. Just like drunk driving, different people handle alcohol differently, and those legal limits do not always reflect how impaired someone is. The law indicates that if somebody's blood alcohol concentration is over .08 they can be considered to be intoxicated, but there are a lot of other things that can be taken into consideration when making that determination. An aggressive defense attorney will take a look at the person’s demeanor as well as any other indications of sobriety or intoxication as a defense for that case.

Again, possession can be a tricky part of the law when the firearm is not directly on your person, but in an area where you exercise control. Depending on where you are at the time of the incident, there can be a lot of issues. For example, if you are in your home and the firearm is upstairs tucked away in a safe, there is a lot of gray area given that this is an area over which you exercise physical control. Going back to another example from earlier, if you are in your car and the firearm is in the center console or under the driver seat, those are immediately accessible and within your immediate vicinity and would therefore be considered to be possession.