Clarification: Concealed Carry

Concealed Carry and Funeral Homes – A Clarification

In the last edition of Spotlight Express on October 26, 2011, we carried an article on the "Concealed Carry” law (Wisconsin Act 35). The basic gist of our story was that for most funeral homes, it will make little difference. Before the law became effective (November 1, 2011), if people were carrying concealed weapons to funerals, they probably did not announce that fact. Under the new law, if they are licensed and they are carrying, they probably will not announce that fact either, so for most funeral homes it will be business as usual.

In the story we alluded to the fact that the law allows businesses to make up their own minds about whether or not they will permit concealed weapons to be carried on their premises. We pointed out that business owners could post signs in prominent areas of their businesses, stating that weapons were not allowed.

We would like to make one portion of the law explicitly clear. The law specifically grants immunity from legal liability to any business which does not post such signs, for consequences of that decision. Conversely, it appears, from the wording of the law, businesses which post signs prohibiting concealed weapons, are not granted immunity from liability should an incident occur on their premises in which a person was injured or killed because of not able to defend himself/herself.

So, as we said, the law will probably have very little effect on funeral homes. Most funeral homes will probably continue to do what they have been doing in this regard and they will be protected from legal liability by Wisconsin Act 35. You do need to know that if you do post signs prohibiting the carrying of legally concealed firearms, the law does not protect you from legal liability if there are consequences related to the decision to post the sign. It sounds backward, but that is the way the law is written.

If you choose to post a sign on your premises, it must be posted in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign. Wis. Stat. § 943.13(2)(bm)2.b.

Each sign must be at least five inches by seven inches and state the restriction on carrying a firearm. Wis. Stat. § 943.13(2)(bm)1. At a minimum the sign must inform people that weapons or firearms are prohibited.

We hope this information helps you to determine your policy about how you wish to handle the new concealed carry law at your place of business.

WFDA