January 28, 2022

Volume XII, Number 28

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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.

©2022 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume I, Number 300
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About this Author

Joseph Olson, Michael Best Law Firm, Employee Benefits Litigation Attorney
Partner

Joe is a trial attorney practicing primarily in the areas of class action defense, wage and hour litigation, employee benefits litigation, regulatory compliance, and complex commercial litigation. In this capacity, he:

  • Routinely helps clients deal with class actions suits across all subject matters

  • Handles all aspects of complex employment litigation including wage and hour suits arising under the federal Fair Labor Standards Act (FLSA) and applicable state laws, plus benefits litigation...

414-277-3465
Kelly Rourke, Michael Best Law Firm, Immigration and Employment Attorney
Associate

Kelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration.

She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals. To this end, she handles an array of nonimmigrant petitions, applications for labor certification, adjustment of status and naturalization filings, consular processing matters, motions to reopen, and motions to reconsider. She also...

414-347-4741
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