Concealed Carry Issues

By
October 6, 2011

Some concern has been expressed regarding two issues with Wisconsin’s new carrying concealed weapons law that was published on July 22, 2011. First, there seems to be a question regarding the effective date of the law. Second, some property owners and business owners are wondering who the law applies to and believe they may be exempt from the law. These issues need clarification.
Pursuant to Wisconsin Act 35 and reiterated by the Department of Justice in their August 1, 2011, “Questions and Answers” publication, “the provisions regarding CCW licenses do not take effect until November 1, 2011.” There was some confusion because Wisconsin Act 35 was signed into law on July 8, and published on July 22. Some questioned whether the effective date would then be November 22, rather than November 1. While there is no specific date for when a business must decide its policies regarding prohibition or allowance, those individuals who possess CCW licenses may begin carrying concealed weapons no earlier than the effective date of the law of November 1, 2011.
Second, the new concealed carry law allows CCW license holders to carry a concealed weapon in the State of Wisconsin except for: (1) a set of enumerated locations; AND (2) in buildings and on property where the owners have given proper notification that such conduct is prohibited. The law provides which owners and occupants may prohibit concealed carry, where they can prohibit concealed carry, and how they must go about providing notice of this prohibition. In short, this new law applies to every business and property owner in the state. The ability to prohibit is not inherent in any business enterprise, but rather is one granted to businesses by the state in the new law. Unless a business falls under the following classifications where concealed carry is statutorily prohibited, the policy decision is left to the employer:

Any portion of a building that is a police station, sheriff’s office, state patrol station, or the office of a Division of Criminal Investigation special agent;

Any portion of a building that is a prison, jail, house of correction, or secured correctional facility;

The Sand Ridge Secure Treatment Center, the Wisconsin Resource Center, or any secured unit or secured portion of a mental health institution, including a facility designated as the Maximum Security Facility at the Mendota Mental Health Institute;

Any portion of a building that is a county, state, or federal courthouse;

Any portion of a building that is a municipal courtroom if court is in session; and

A place beyond a security checkpoint in an airport.

Finally, it is important to remember that federal law applies to the carrying of firearms on federal property. Please contact any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware if you have questions in regard to this update.

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