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If a Brookfield, Wisconsin resident is pulled over for drunk driving and has a gun in the vehicle, he could face not only OWI charges, but an intoxicated possession charge that, if he's convicted, could lead to a $10,000 fine, up to 9 months in prison or both.
Intoxicated possession of a firearm is a Class A misdemeanor that carries a potential maximum of nine months in jail and up to a $10,000 fine, or both. Intoxicated possession of a firearm is also called endangering safety by use of a dangerous weapon - going armed while intoxicated.
Intoxicated possession of a firearm Waukesha
It is illegal for any person to go armed with a firearm while intoxicated in Brookfield. However, “going armed” does not legally require that a person go anywhere, or actually leave their home. You can be charged for intoxicated possession of a firearm within your own home in Waukesha.
In order to prove a charge of intoxicated possession of a firearm, the State must show that a person:
- Went armed with a firearm
- While under the influence of an intoxicant.
Going armed does not require that a person have the firearm in their hand, or in a holster on their waist, or be using the weapon in any way. Rather, going armed requires that the firearm be either on the defendant’s person, or within the defendant’s reach. The defendant must also be aware of the presence of the firearm. If you borrow your friend’s car and they have a firearm under the driver’s seat, you may be unaware of its presence and therefore you would not have violated this statute.
Intoxicated possession of firearm charges often accompany an arrest for an OWI. A person who legally carries a firearm in their vehicle or on their person can no longer do so if they are determined to be under the influence of an intoxicant. A concealed carry license grants a person the ability to have a concealed weapon in their possession, but that license does not extend to a person who is under the influence of an intoxicant. Even if the firearm is in the glove box or center console of the vehicle, a person can still be charged with intoxicated possession of a firearm for that weapon.
A person can also be charged with intoxicated possession of a firearm for being in possession of the firearm on their own property, or in their own home. The State must only show that the person is in possession of the firearm, and that they are under the influence of an intoxicant such that their ability to handle a firearm is materially impaired. Put another way, the State must establish that the “person has consumed a sufficient amount of alcohol to cause the person to be less able to exercise the clear judgment and steady hand necessary to handle a firearm.”
How long does an intoxicated possession of firearm charge stay on my record?
A conviction for intoxicated possession of a firearm will remain on your record permanently in Waukesha. In addition to the fines and potential jail time associated with a conviction, you may also face additional other penalties. If you have a concealed carry license, you may be required by the State to surrender that license while your case is pending. You may also be required to follow a court order that you not possess any firearms while your case is pending. If you are convicted of the offense, the State can also require that you forfeit the firearm, regardless of the monetary or sentimental value of it.
How to beat an intoxicated possession of a firearm charge
In order to convict a defendant of intoxicated possession of a firearm, the State must show that a person went armed with a firearm while under the influence of an intoxicant. A common defense to intoxicated possession of a firearm is that a person was still able to exercise the clear judgment and steady hand necessary to safely handle a firearm, even though they may have consumed some amount of alcohol.
Other defenses to this charge include challenging whether a person went armed with the firearm. The location of the firearm within the vehicle or the home can be critical to determining whether a defendant went armed with the firearm or was merely in the vicinity of a firearm. Our skilled and knowledgeable Waukesha attorneys can raise these defenses if you are charged with intoxicated possession of a firearm.
