“CONCEALED CARRY LAW”
INFORMATION SHEET
This information sheet is being offered to help property owners and managers better understand
the impact of Wisconsin Act 35, more commonly known as the “Concealed Carry Law,” on their
business. The contents specifically focus on issues affecting the ownership and management of
commercial real estate. What follows is a brief outline of what the law does and does not do, and
some key facts pertinent to the commercial real estate industry. Building owners and managers
should seek legal counsel prior making any final decisions on this matter.
BOMA-WI continues to advocate on behalf of commercial building owners and leads the
industry in providing educational and informational resources designed to help building
owners and managers make informed decisions and to better operate their buildings to
achieve their goals and objectives.
Wisconsin Act 35, signed into law by Governor Walker on July 8 and commonly known as the
“Concealed Carry Law”, becomes effective November 1.
What the New Law DOES:
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It DOES create a statutory right for holders of concealed carry permits (licensees) to
carry concealed weapons, with certain exceptions;
It DOES create a permitting process to be administered by the State Department of
Justice;
It DOES create immunity for employers and property owners who allow licensees to
carry concealed weapons at their place of work or premises;
It DOES, with a few exceptions, prohibit employers and property owners from
prohibiting licensees from having concealed weapons in their own vehicles in designated
parking areas.
It DOES, with a few exceptions, prohibit employers from prohibiting employees who are
licensees from having concealed weapons in their own vehicles even while that vehicle is
being used for work;
It DOES, with certain exceptions, notably the parking lot exclusion, create a means to
prohibit licensees from carry concealed weapons in a public or private building or on that
building’s grounds (Please refer to the last section of this article for details and
suggestions regarding.
What the New Law Does NOT Do:
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It DOES NOT, with limited exceptions for retired law enforcement personnel, allow
ANYONE who is NOT a licensee to carry a concealed weapon on their person or in their
vehicle. Violators are, as they have always been, subject to felony charges;
It DOES NOT allow the transportation in a vehicle or boat of any firearm other than a
handgun, that is not unloaded and in a case. Violators are subject to a significant fine;
It DOES NOT allow licensees in possession of a concealed weapon to consume alcohol
at a premises licensed to serve alcohol. Violators are subject to a significant fine and
revocation of their permit.
This Information Sheet was prepared at the request of BOMA by Davis & Kuelthau, S.C.
attorneys Bruce Deadman (1-920-431-2228, bdeadman@dkattorneys.com) and Joseph E.
Tierney IV (414-225-1471, jtierney@dkattorneys.com).
“CONCEALED CARRY LAW”
INFORMATION SHEET
Summary of Options:
An owner has 3 options with respect to the prohibition of concealed weapons.
1. Allow people to bring concealed weapons onto their property. In other words,
choose not to post any signs prohibiting weapons.
Property owners who wish to allow concealed weapons on their property do not need to do
anything regarding signs or notices. Under the new law, employers or property owners who
reach this decision are immune from liability from any liability resulting from that decision.
Wis. Stat. 175.60(21)(b) provides in pertinent part that “…A person that 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 its decision.” (reminder: “Person” is also defined as a
business or an entity.) Similarly, Wis. Stat. 175.60(21)(c) states in pertinent part that “….An
employer that does not prohibit one or more employees from carrying a concealed weapon
……is immune from any liability arising from its decision”.
The immunity wording is meant to be a fairly broad blanket of liability protection intended to get
a defendant out of a tort action quickly and inexpensively. It is also meant to be an incentive for
businesses to allow patrons and employees to carry concealed weapons on the premises.
2. Prohibit people from bringing concealed weapons onto their property.
Property owners or occupants who decide to prohibit concealed weapons on their property
waive the statutory immunity, and must post signs stating what specific firearms are prohibited.
There is no specific language requirement, but the sign must be at least 5 by 7 inches and located
by the doors and prominently elsewhere. Violators are subject to fines under trespass laws. While
the law provides for oral and written notice, the prevailing view is that the lack of signage would
render the prohibition legally unenforceable.
3.
Inform people about the company’s position regarding bringing concealed weapons
onto their property without actually prohibiting them.
Those who wish to discourage but not prohibit people from bringing concealed weapons on their
property may post informative signs, but will not be entitled to invoke trespass provisions against
those who ignore the signs. This option is not recommended as it is potentially confusing.
This Information Sheet was prepared at the request of BOMA by Davis & Kuelthau, S.C.
attorneys Bruce Deadman (1-920-431-2228, bdeadman@dkattorneys.com) and Joseph E.
Tierney IV (414-225-1471, jtierney@dkattorneys.com).
“CONCEALED CARRY LAW”
INFORMATION SHEET
DECISION MAKING STEPS:
Here is a brief summary of specific items an property owner should consider in reaching a
decision on the available options, and the steps necessary to put that decision into action:
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A “cost/benefit” analysis should be done, including an assessment of the probable
reaction of the public, employees (if any), and tenants to the action or inaction as the
property owner prefers.
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Contact the major tenants to ascertain their position on the matter with respect to their
leased premises. As occupants they have the right to control this matter in their premises.
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Contact the management company and, if any, the security company as to their capability
and/or willingness to enforce the policies of the property owner or, if applicable, tenants.
Is their a different cost structure if those entities agree to enforce an owner or tenants
position?
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If signs are to be erected, will they have appropriate language and will they be posted in
all appropriate locations?
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Regardless of whether an owner allows or ban firearms or concealed weapons from its
premises, policies should be developed and property management employees educated as
to what is expected of them in terms of conduct and the reporting of violations.
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An evaluation of the limitations on a property owner or manager’s ability to enforce a
weapons prohibition as to owners or occupants should be undertaken. This is true for
both commercial and residential properties.
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The trespass prohibitions do not appear to apply to property OWNERS or
OCCUPANTS (i.e., tenants) of either residential or non-residential premises.
Therefore, while an owner or manager may post prohibitive signage, such signage
will not prohibit an owner or occupant from bringing a firearm onto the premises.
(See Wis. Stat. 943.13(1m)(c)1. re. residential buildings, including apartments;
See Wis. Stat. 943.13(c)2. re. non-residential buildings.)
o The notice provisions specifically do NOT apply to (and therefore possession of
firearms, plus concealed carry by LICENSED persons is allowed) if the firearm is
in a vehicle driven or parked in a parking facility, or to any part of the building,
grounds or lands used as a parking facility.
o Tenants who decide to post prohibitive signs should be required to acknowledge
that they understand that in so doing they are losing the statutory immunity, and,
further, that they agree to indemnify the owner, management company, and any
other owners of the property from the costs of defending any action brought
which would otherwise be subject to dismissal by virtue of the indemnity statute.
This Information Sheet was prepared at the request of BOMA by Davis & Kuelthau, S.C.
attorneys Bruce Deadman (1-920-431-2228, bdeadman@dkattorneys.com) and Joseph E.
Tierney IV (414-225-1471, jtierney@dkattorneys.com).
“CONCEALED CARRY LAW”
INFORMATION SHEET
This Information Sheet was prepared at the request of BOMA by Davis & Kuelthau, S.C.
attorneys Bruce Deadman (1-920-431-2228, bdeadman@dkattorneys.com) and Joseph E.
Tierney IV (414-225-1471, jtierney@dkattorneys.com).