Concealed Carry and Implications for Hospitals 

August 3, 2011

Matthew Stanford – WHAPaul Merline – WHA

Overview

- License required

- Businesses may prohibit firearms and weapons if they post their property

- Law becomes effective November 1

- Special provisions for parking facilities and vehicles

- Employees and concealed weapons

- Distinction between “weapons” and “firearms”

- Brief legislative background

-Prior session proposals

-WHA lobbying efforts

Legislative Background

- Effective date-The first date in which licensees may carry a concealed weapon and individuals must post their property in order to prohibit firearms on their property is November 1, 2011.

- License is required to carry a concealed weapon- Application process begins November 1.

- Non-Wisconsin residents that have an out-of-state license from certain states listed by the Department of Justice may also carry a concealed weapon.

Effective Date

Weapons vs. Firearms

Distinction between “weapons” and “firearms” -Act permits licensees to carry a concealed “weapon”

- “WEAPON”-Handguns-Electric weapons

-But trespass and posting provisions in the Act refer to “firearms” rather than “weapons”-Is there a difference between the statutory definition of “weapons” and “firearms?” YES

-Knives other than switchblades-Billy clubs

- “FIREARM”-Undefined, but would include-Handguns-Rifles-Shotguns

Prohibiting Firearms on Non-residential Property

Posting/Sign requirements-Notify persons of the restriction. Statute does not specify particular language.-Located in a prominent place near all of the entrances and probable access points of the building or grounds.

WHA model signs can be found at: www.wha.org/NoWeaponsPoster.ppt.

Businesses can prohibit persons from carrying firearms (and weapons), on their property, including its buildings, grounds or land (except in a private vehicle)

-Posted in a way that any individual entering such place would be reasonably expected to see the sign.-Is at least 5 inches by 7 inches.

Enforcement-Persons that do not abide by a businesses’ prohibition can be subject to a Class B forfeiture under the trespass law.

Prohibiting Firearms on Non-residential Property

Special issues:

-Owned vs. leased property

-Nursing homes, hospice, and residential care apartment complexes

Businesses can prohibit persons from carrying firearms (and weapons), on their property, including its buildings, grounds or land (except in a private vehicle)

-Special events

-Government and university buildings and property.

-An owner of leased property should contact its tenants to arrange for the posting of leased property.-Owners may want to revise leases or building rules or enter into separate written agreements with tenants to ensure the owners’ desires regarding posting and prohibitions of firearms and weapons are met.

Prohibiting Firearms on Residential Property

Posting/Sign requirements for common areas and grounds-Notify persons of the restriction. Statute does not specify particular language.

-Located in a prominent place near all of the entrances and probable access points of the building or grounds.

Differing rules for residential properties

-Posted in a way that any individual entering such place would be reasonably expected to see the sign.

-Is at least 5 inches by 7 inches.

Enforcement-Persons that do not abide by a prohibition can be subject to a Class B forfeiture under the trespass law.

-Individual apartment and condo units do not need to be posted.

-Common areas and grounds do need to be posted.

-Posting would not apply to residents of the property.

Parking Facilities

-Can charge a person with trespass for carrying a firearm or weapon outside of a private vehicle in a parking facility IF the parking facility has been properly posted.

-Cannot charge a person with trespass for carrying a firearm in a private vehicle.

Employees

-An employer may not prohibit an employee, as a condition of employment, from carrying or storing a “weapon,” in the employee’s own motor vehicle,

-An employer may prohibit an employee from carrying a concealed weapon in the course of the employee’s employment, EXCEPT…

-Regardless of whether the motor vehicle is used in the course of employment.

-Regardless of whether the motor vehicle driven or parked on property used by the employer.

Immunities

-The Act provides certain immunities, including:

-A person who does not prohibit an individual from carrying a concealed weapon on property that the person owns or occupies is immune from any liability arising from his or her decision.

-An employer who does not prohibit one or more employees from carrying a concealed weapon is immune from any liability arising from that decision.

Initial Steps to Take

-Review your policies, leases, and building rules regarding firearms and weapons. Update as necessary.

-Identify locations where you need to post signs.

-Develop a sign(s).

-Make personnel aware of your policies and any updates (especially security).

-If you choose to prohibit firearms and weapons at your facilities:

-Post your signs by November 1.

Additional Information

WHA Summary: www.wha.org/SummaryKeyIssuesConcealedCarryAct7-11.pdf

Department of Justice FAQ:http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw_frequently_asked_questions.pdf

Concealed Carry Act text:https://docs.legis.wisconsin.gov/2011/related/acts/35.pdf

WHA Contacts:

Matthew Stanford, Vice President Policy & Regulatory Affairs, Associate Counsel mstanford@wha.org or 608-274-1820

Paul Merline, Vice President Government Affairspmerline@wha.org or 608-274-1820

QUESTIONS

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