Concealed Carry: What Does it Mean for Waukesha Businesses?

When it comes to allowing weapons in an individuals business, the business owner has the right to decide if they will allow weapons inside the building, Chief Russell Jack told a group of downtown business owners Tuesday morning.

Wisconsin’s concealed carry law went into affect Tuesday, allowing for interested parties to apply for permits. All a business owner has to do is post a 5-inch by 7-inch sign at all entrances stating weapons are not allowed in the business to ban weapons from the building. But just because a sign is there, it doesn’t mean weapons will be kept from the building. A sign creates the ability for police to pursue criminal trespassing to building charges, if so desired by the store owner, for anyone who violates the sign.

“It is up to you as a business owner,” Jack said.

When contacting the police about weapon issues, Jack warned the business owners to stay calm and full describe the information to the police department’s dispatchers, who are trained in the new concealed carry laws.

There is a difference between a person carrying a gun in a holster or tucked in a waistband or if the person is brandishing a weapon, Jack said, and the dispatchers are trained to ask those questions to determine the severity of the incident.

“You will have a whole different police response depending on those two situations,” Jack said. “We are almost strictly prohibited in what we can do in the first situation.”

One area of the law Jack made business owners aware of was the immunity clause. Essentially, business owners who allow people to have weapons in their establishments can’t be held responsible for actions that others take. But, if the business owner bans weapons with signage from the business, they could potentially be held civilly liable if an incident happens on their property.

Additionally, business owners can prohibit their employees from carrying while inside the business. They can’t, however, keep employees from carrying a gun or other weapons while the employee is working outdoors in a parking lot or while driving the employee’s car for work-related purposes. Pizza delivery drivers could carry weapons as long as they are driving their own cars, Jack said.

The 49th State to Allow for Concealed Carry

Wisconsin is the 49th state to allow concealed carry and other states that allow it have not seen an increase in random shootings, said Jack.

“It is not a reality,” Jack said.

Tennessee is the top state for permit holders followed by South Dakota. Authorities are predicting Wisconsin will be the top third state in the nation within six months for the number of people receiving a license for concealed carry, Jack said. After all, Wisconsin has more hunters than any other state, so gun licenses are not an oddity in the state.

The Wisconsin Department of Justice has 21 days to issue permits to people after they apply, Jack said. People could begin filing the paperwork Tuesday.

“There will be some people out there today,” Jack said.

According to a DOJ document, there are certain criteria to receive a permit in Wisconsin:

• Proof of firearms training
• Be at least 21 years old
• Be a Wisconsin resident (if you are a Wisconsin resident. If you are a resident of another state, Idaho for example, and you have a concealed carry license from that state, that is sufficient to carry in Wisconsin)
• N not have weapon restrictions based on federal and state laws (such as being a felon) or as a condition of bail.
• The Wisconsin Department of Justice has issued

Additionally, the DOJ will daily check a log of mental health commitments against the database of concealed carry permit holders, Jack said.

“There are some safeguards,” the police chief said.