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Published: July 7, 2011
Author: Jessica Ozalp
Governor Scott Walker signed Wisconsin’s new concealed carry law on July 8, 2011, which means most of its provisions will take effect as early as November 1, 2011. The law sets up a licensing process whereby Wisconsinites at least 21 years old can obtain a permit to carry a concealed weapon anywhere except school zones, police stations and penal institutions, courthouses, government offices with screening devices, and areas of airports beyond security checkpoints. To become licensed, individuals must pay a fee, provide proof of and/or complete a firearm training program, and undergo a background check to verify they are not prohibited from carrying a gun by state or federal law.
This law affects workplace policies involving employees and weapons, and should prompt employers to revisit these policies. Employers may prohibit their employees from carrying weapons while they are working, either on- or off-site, but they may not prevent employees from having weapons in their own vehicles, even in the employer’s parking lot, and even if the employee uses the vehicle for work. Additionally, they may not require an employee to stop carrying a weapon as a condition of employment. Employers who do not prohibit employees from carrying concealed weapons are granted immunity from any liability arising from that decision. If federal laws prohibit weapons at certain facilities (i.e. chemical or nuclear facilities) these laws supersede the new Wisconsin legislation.
In addition, the new law gives businesses the right to prohibit weapons on their property by posting signs to that effect. At the same time, it grants immunity to property owners from legal liability for consequences of a decision not to prohibit weapons. In other words, it provides the incentive of immunity if a business chooses not to post signs prohibiting licensed individuals from carrying weapons onto the property. The law does not mention liability or immunity for entities which prohibit weapons. It is important to note, though, that this does not add risks or liability to those entities. There are no particular liabilities anticipated from the decision to post signs prohibiting weapons. Instead of focusing on immunity, businesses should consider their own circumstances and factors such as how best to protect employees and patrons, and the specific nature and vulnerabilities of the facility or place of business. For instance, places with a high volume of customer traffic will have differing considerations than manufacturing facilities that do not serve consumers on-site. Additionally, insurance costs may factor in if insurers begin to change premiums according to whether or not a business prohibits weapons.
Under the new law, the right of a business owner to prohibit weapons is outlined in additions to the existing trespass statute. Specifically, the new provision allows the owner of a nonresidential building, grounds, or land that has not been leased to another (or the occupant if leased) to prohibit weapons on the property by prominently posting a sign at least 5 x 7 inches, at all entrances or access points where people can be reasonably expected to see the sign. Where such signs are posted, entering with a weapon is trespass. For business owners who lease only part of a building, it is unspecified where signs can be or should be posted. The Department of Justice is expected to issue online guidance regarding such specifics once the law goes into effect.
For more information about Wisconsin’s law allowing the concealed carry of weapons, contact Jessica Ozalp at 608.283.6744 or jozalp@axley.com.
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