This is a discussion on Mall Parking Lot posting (WI) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Gary Slider This is the part of WI law I am waiting for someone to use if a place is posted and ...
Gotta Fly or Gonna Die
tacman605, First I am not an attorney. I have also seen some crazy court cases.
Wisconsin has a law that I have not seen any other state have. That if they do not forbid employees/patrons from carrying they are immune from any action of those people. Not saying they can't be sued under other laws. Some states have laws that say they can't be sued like Florida unless you are arrested and tried. But this new wording will take the courts to figure out and it will be interesting to watch. But this WI law just states if they don't forbid anyone from carrying. If they meant to grant immunity in all cases they would have worded it that way. Intent of the legislature comes into play when enforcing a law. I just think this could get very interesting if the right case comes along.
For God, Family and Country!
Also you should, Madison Metro has posted the bus and tells you if you write in that they will tell you they are in the law. Yet the law actually says that buses cannot be posted. So yea, best thing is to send a letter to the DOJ in Madison and ask them if this is within the law. As it seems places are finding lawyers that will tell them what they want to hear.
Gary this will be interesting to watch. I would hate to be the test case though.
I wonder how that would be interpreted if that is the case and employees are allowed to carry and something major happens like in the spa or church? Would the victims have no legal recourse to hold the employer/business responsible? If it is in strict regards to an armed employee committing a criminal act this would also take out the premise that an employer restricts firearms on the basis of vicarious liability. I bet the insurance carrier would be puckered up in the event something happened.
"A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013
I wouldn't want to be the test case either but it will be interesting to see if something comes from it and how that decision is reached. Here is WI Law. You can go to their statutes and read the whole thing. Wisconsin Statutes Table of Contents
(a) The department of justice, the department of transportation, and the employees of each
department; clerks, as defined in sub. (11) (a) 1. a., and their staff; and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done so in good faith.
(b) 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.
(c) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub.
(15m) is immune from any liability arising from its decision.