Muskego Businesses Weigh Impact of Concealed Carry

Dozens of business owners gathered Friday morning to hear about what the current legislation known as Wisconsin's concealed carry law says, and what it means to them as businesses.

Michael Pierski, an attorney with Muskego Legal Center and Rebecca Hogan a director of health and human resources policy at Wisconsin Manufacturers and Commerce provided an overview of the law and what their rights and responsibilities were in the workplace. The gathering was sponsored by the Muskego Area Chamber of Commerce and Tourism and took place at Papa Joe's

While any employer may prohibit an employee from carrying a concealed weapon at work, they don't have that same right if the employee keeps the weapon in his vehicle, even if the vehicle is used in the course of employment. Likewise, customers can be considered trespassing if they are carrying a weapon if they enter or remain inside a place of business where they are prohibited.

The tricky part comes in when concealed carriers do so well enough that the weapon is never seen, said Pierski.  In addition, he issued the same caveat in deciding to post or not post.

As schools have recently decided not to post signs prohibiting weapons, Pierski explained that business owners who do allow weapons (concealed or open) would not face increased liability. The question raised then becomes if a sign prohibiting weapons is posted, will the business be more liable?

"There is an expectation of immunity to legal action," said Pierski, but he points out businesses may do better with signs that are specific to the types of weapons not allowed, than just a 'no weapons allowed' sign.

Clear as mud?  It's generally because the law is still fresh, and has yet to see many cases and judgments to test its parameters.

"Most of the case law we've seen on this issue has involved an incident that's happened in the parking lot," Hogan said.  Of those cases, employees have been favored over the employer.

"There isn't a lot of 'black letter law' on decisions made for incidents inside a place of business," Pierski agreed.

In general, the best course for businesses is to provide clear policies in employee handbooks, including the definition of weapon, what conduct is prohibited and what the scope of the policy is (inside, parking lot, special events, etc).

Should businesses opt to post signs, requirements state that the sign must be at least 5x7" and state in writing and graphically that weapons or firearms are prohibited.

Pierski said even in this case, they state the sign must be conspicuous but the term isn't defined.  In all aspects of the law, though, he said best practice is to ensure that anyone entering could be reasonably expected to see it.