Wisconsin Employers Should Consider the Likely Increase in “Open Carry” when Developing Their Weapons/Firearms Policies

Posted by Attorney David McClurg in Human Resources, Business Management / Comments

Much has been written of late regarding the legalization of concealed carry of weapons by holders of valid permits in Wisconsin. However, little attention had been paid to the significant expansion of the right to openly carry loaded handguns in Wisconsin under Wisconsin’s Concealed Carry Law. “Open carry” is sometimes referred to as “constitutional carry” because the Wisconsin State Constitution provides that "The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose."

The Concealed Carry Law expanded “open carry” rights in Wisconsin 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 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 that 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 increase in Wisconsin in the coming years. This may create problems for employers with heavy foot traffic 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 gun on another customer’s hip.

There remain a number of areas where individuals are prohibited from carrying a handgun, whether open or concealed, (courtrooms, police stations, sheriff’s offices, schools, prisons and areas beyond the security checkpoints in airports). Additionally, while a permit holder can carry a concealed weapon in a tavern if they are not drinking alcohol, open carry is prohibited in any tavern. This being said, it is still likely that Wisconsin will see a significant increase in open carry of handgun,

and employers should take this into account as they consider their firearms/weapons policies.

The Concealed Carry Law prohibits employers from banning handguns in their parking lots if those handguns belong to persons holding a valid concealed carry license. However, employers can ban all firearms other than those handguns legally in the possession of the holder of a valid license – which would cover all firearms other than handguns, and all handguns in the possession of individuals without a concealed carry license. Business operators should consider the effect on

their employees and patrons of open carry on their premises if they do not post

appropriate “No Firearms/Weapons” signs.