Lammie
Campaign Veteran
imported post
I started this thread because the question and discussion of the legal right of private property owners to post signs, or verbally deny, entry of open carry weapons on or in their property is scattered among many other threads. The following is a statement posted on WILENET by AG Van Hollen. The posting was in response to questions from law enforcement concerning the signage question.
“Q. May private businesses and private property owners in Wisconsin designate their property as a no-open-carry-zone?”
“A. Yes. No state or federal laws prevent a private business owner or property owner from prohibiting the open carrying of a firearm on privately owned property.
Both the Wisconsin & United States Constitutions protect a person’s right to bear arms. However, the constitutional rights limit government action, not private action. Private property does not lose its private character merely because the public may use it for designated purposes such as shopping. Just as businesses may exclude individuals who wish to exercise their First Amendment rights on private property, they also may exclude individuals who exercise their rights under Article I, 25 and the Second Amendment.
Business owners may choose the method by which they inform the public that firearms are not permitted on their premises. They may, for example, post a sign notifying visitors that firearms are not permitted, or they may orally inform individuals of that policy.”
“Q. What should we do if a person openly carries a firearm into a private no-open-carry-zone?”
“A. If someone refuses to comply with a business’ request that they not come on their premises with a firearm, you should respond as you would in other situations where a person has been asked to leave private property and refuses. Depending on the facts and circumstances, trespassing or disorderly conduct charges may arise out of that situation.”
I started this thread because the question and discussion of the legal right of private property owners to post signs, or verbally deny, entry of open carry weapons on or in their property is scattered among many other threads. The following is a statement posted on WILENET by AG Van Hollen. The posting was in response to questions from law enforcement concerning the signage question.
“Q. May private businesses and private property owners in Wisconsin designate their property as a no-open-carry-zone?”
“A. Yes. No state or federal laws prevent a private business owner or property owner from prohibiting the open carrying of a firearm on privately owned property.
Both the Wisconsin & United States Constitutions protect a person’s right to bear arms. However, the constitutional rights limit government action, not private action. Private property does not lose its private character merely because the public may use it for designated purposes such as shopping. Just as businesses may exclude individuals who wish to exercise their First Amendment rights on private property, they also may exclude individuals who exercise their rights under Article I, 25 and the Second Amendment.
Business owners may choose the method by which they inform the public that firearms are not permitted on their premises. They may, for example, post a sign notifying visitors that firearms are not permitted, or they may orally inform individuals of that policy.”
“Q. What should we do if a person openly carries a firearm into a private no-open-carry-zone?”
“A. If someone refuses to comply with a business’ request that they not come on their premises with a firearm, you should respond as you would in other situations where a person has been asked to leave private property and refuses. Depending on the facts and circumstances, trespassing or disorderly conduct charges may arise out of that situation.”
