An employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.
Except as provided in par. (b)
, neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:
Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.
Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.
Any secured unit or secured portion of a mental health institute under s. 51.05
, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.
Any portion of a building that is a county, state, or federal courthouse.
Any portion of a building that is a municipal courtroom if court is in session.
The prohibitions under par. (a)
do not apply to any of the following:
A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a)
A weapon in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.
A weapon in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon.
Any person who violates sub. (2g) (b)
may be required to forfeit not more than $25, except that the person shall be exempted from the forfeiture if the person presents to the law enforcement agency that employs the requesting law enforcement officer, within 48 hours, his or her license document or out-of-state license, photographic identification, and, if pertinent, military license.
Any person who violates sub. (2m) (e)
, or (12g)
may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.
Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both. The application of the criminal penalty under this paragraph does not preclude the application of any other civil or criminal remedy.
Any person who violates sub. (16)
may be fined not more than $500 or imprisoned for not more than 30 days or both.
An instructor of a training course under sub. (4) (a)
who intentionally submits false documentation indicating that an individual has met the training requirements under sub. (4) (a)
may be prosecuted for a violation of s. 946.32
Any person required under sub. (14) (b) 3.
to relinquish or deliver a license document to the department who intentionally violates the requirements of that subdivision shall be fined not more than $500 and may be imprisoned for not more than 30 days or both.
(18) Reciprocity agreements.
The department may enter into reciprocity agreements with other states as to matters relating to licenses or other authorization to carry concealed weapons.
(19) Statistical report.
By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2)
and to the governor that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations. The department may not include in the report any information that may be used to identify an applicant or a licensee, including, but not limited to, a name, address, birth date, or social security number.
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.
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.
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.
A person providing a firearms training course in good faith is immune from liability arising from any act or omission related to the course if the course is one described in sub. (4) (a)
See also ch. Jus 17
, Wis. adm. code.
Wisconsin's Concealed Carry Law. Hinkston. Wis. Law. July 2012.
This section preempts a municipality's authority to restrict a licensee's right to carry concealed weapons on the municipality's buses so long as the licensee complies with the requirements of this section. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19
, 373 Wis. 2d 543
, 892 N.W.2d 233
Law enforcement agency employment files.
Each Wisconsin law enforcement agency, as defined in s. 165.85 (2) (bv)
, shall keep an employment file, as defined in s. 165.85 (2) (ap)
, for each person the agency employs.
History: 2021 a. 82