Concealed Carry – What’s Your Policy?

Posted by Attorney David McClurg in Employer-Employee Relationship, Business Management / Comments

Wisconsin’s Concealed Carry Law took effect on November 1, 2011, and the Department of Justice was immediately inundated with applications for concealed carry (“CC”) licenses. While employers have the right to ban weapons in their facilities, in company owned vehicles and at their remote work locations, they cannot prohibit CC license holders from storing handguns in their own vehicles in the employer’s parking lot. Employers can, however, impose reasonable restrictions on the method of storage of handguns in vehicles on their property – such as requiring that the handguns be stored out of sight in a locked vehicle. Employers wishing to ban weapons inside their facilities must post appropriate conspicuous signage at all entryways.

Many employers have chosen to “post” their facilities based on concerns that weapons in the workplace may lead to injuries. Others have decided not to post based on a variety of considerations, including a belief that this will dissuade criminals from using firearms on their premises, and reduce their liability exposure given the “immunity” provisions in the CC Law. It is unclear at this point how broad the “immunity” provided under the CC law will be, since it extends only to the decision not to prohibit concealed weapons on the premises, and may not cover liability for claims such as negligent hiring and negligent supervision of employees.

Similarly, it is unclear whether the decision to post will create any new liability exposure for those employers that take that route. In the past, Wisconsin Courts have not imposed liability on employers when third parties have come onto their premises and intentionally injured individuals on the premises with firearms that they brought with them. While some have suggested that Employers who post take on a broader duty to protect their visitors, we have found no cases imposing such a heightened duty.

An additional issue that may impact employers’ decisions on whether to post their premises has received relatively little attention. The CC Law significantly expanded the right to openly carry loaded handguns in Wisconsin. This is sometimes referred to as “constitutional carry” because the Wisconsin State Constitution includes a provision giving residents the right to bear arms for defense, hunting and certain other purposes without a license.

The Concealed Carry Law expanded “open carry” rights in two significant ways. First, residents can now openly carry loaded handguns in their cars, boats, airplanes and ATVs. It is also legal to load a handgun in those vehicles. Previously all firearms in vehicles needed to be cased and unloaded except for certain excluded individuals such as peace officers. Second, local law enforcement officers are now prohibited from issuing citations for disturbing the peace to individuals who are openly carrying a handgun unless the individual is exhibiting malicious intent or threatening behavior.

Since no special license is required to openly carry a handgun, and loaded handguns can now be openly carried in vehicles, it is likely that the prevalence of “open carry” will significantly increase in Wisconsin. This may create problems for employers who do not post “No Firearms” signs, as there will be nothing to prohibit open carry in their facilities, and it may make their employees and visitors nervous to see a handgun on another person’s hip.

Whether an employer decides to post or not, it should carefully review its policies on workplace violence, and determine how it will respond to individuals appearing in the workplace with handguns. For those employers that post and do not wish to assign an employee the task of asking an armed visitor to leave the premises, an alternative may be a policy directing that the police be contacted, since carrying a firearm on properly posted property constitutes criminal trespass. For employers worried about potential liability exposure, the best policy may be a special insurance policy providing liability coverage for violence in the workplace.