Are Your Concealed Carry Signs and Employee Policies in Place?

The Wisconsin Department of Justice (“DOJ”) has released emergency rules implementing the Wisconsin Concealed Carry Law (“Law”). Because the Wisconsin legislature does not review emergency rules, Governor Scott Walker’s approval of the rules allows them to take effect on November 1, 2011, the effective date of the Law. In the coming months, the DOJ will propose permanent rules, which will be subject to the full rule-making process, including public comment and hearing processes and legislative review. The text of the emergency rules is available here.

The DOJ’s emergency rules address the following:

• Licensing (including training) requirements;

• Issuance of certification cards to former law enforcement officers;

• Administration of concealed carry licenses and certifications;

• Qualification and certification of firearms instructors;

• Criteria for out-of-state licenses to be honored in Wisconsin. The DOJ will maintain a list of qualifying out-of-state licenses on its website.

Under the Law, those who wish to prohibit the concealed carry of weapons on their property must post signs as follows:

• Post a sign in a prominent place near all of the entrances of the part(s) of the building to which the restriction applies.

• Also post a sign in a prominent place near all probable access points to the grounds of the building or to the land, if the restriction also applies to the grounds or land on which the building is located.

• Each sign must be at least 5 inches by 7 inches.

• Each sign must be posted so that individuals can be reasonably expected to see the sign.

Notably, neither the Law nor the emergency rules addresses language requirements for signage. Therefore, signs may include any language that reasonably notifies the public of the prohibition. Property owners and occupants who wish to prohibit concealed carry should ensure that signs are in place by November 1, 2011. Temporary signs will suffice until permanent signs are available.

While property owners and occupants are getting their signs in place, employers should review their workplace violence policies to ensure that the policies protect employer interests and comply with the new Law. Please contact one of the authors of this article for further guidance.