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Thread: Employer Restrictions

  1. #1
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    Employer Restrictions

    Hey I just got into a discussion about the new law here at work and I have a question to bounce off of everyone. According to 175.60(15m)(b) an employer cannot prohibit a licensee from having a weapons stored in their vehicle. So does this mean a non-licensee can be prohibited from storing a weapon in their vehicle? I am not asking for certified laywer advise, just your opinions. I guess I was under the impression anyone could have a weapon in their car, but after reading the statute, I am not sure.

  2. #2
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    175.60(15m) Employer restrictions.

    (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

    (b) 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.
    In terms of your question about storing the weapon in your vehicle, the CCW license, gives you privileges shown in bold print above. If you do not park your vehicle on company property, you would not need that privilege.

    --------------------

    The trespass statute 943.13 establishes an exception to the firearms posting/notification prohibition, for parking areas on nonresidential grounds, or land owned by others, shown in bold, that is NOT dependent on having a CCW license.

    943.13(1m)(c)2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building, grounds, or land occupied by the state or by a local governmental unit, to a privately or publicly owned building on the grounds of a university or college, or to the grounds of or land owned or occupied by a university or college, or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.
    Last edited by E6chevron; 11-03-2011 at 03:55 AM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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    Quote Originally Posted by E6chevron View Post
    In terms of your question about storing the weapon in your vehicle, the CCW license, gives you privileges shown in bold print above. If you do not park your vehicle on company property, you would not need that privilege.

    --------------------

    The trespass statute 943.13 establishes an exception to the firearms posting/notification prohibition, for parking areas on nonresidential grounds, or land owned by others, shown in bold, that is NOT dependent on having a CCW license.
    Although the trespass statute 943.13 affords you security from a receiving a trespassing charge, I think the employer would still have the option of ending your employment based on a policy violation. There isn't any "As a condition of employment" wording in the 943.13.

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    Quote Originally Posted by mja1000 View Post
    Although the trespass statute 943.13 affords you security from a receiving a trespassing charge, I think the employer would still have the option of ending your employment based on a policy violation. There isn't any "As a condition of employment" wording in the 943.13.
    Actually it says exactly that in a new statute.

    175.60(15m) EMPLOYER RESTRICTIONS. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee’s or out-of-state licensee’s employment or during any part of the licensee’s or out-of-state licensee’s course of employment.
    (b) 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 licen-see’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.


    To the OP, you are correct. Only if you have a CCW license are you able to carry while in your personal vehicle even while on company property, and store your weapon in your vehicle while it is on company property. Note that you cannot get out of your vehicle with the weapon while on company property. So you have to store the weapon under your seat or something. You can't take it out to put it in the trunk for example.
    Last edited by bmwguy11; 11-03-2011 at 09:51 AM.

  5. #5
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    Quote Originally Posted by junkie View Post
    Hey I just got into a discussion about the new law here at work and I have a question to bounce off of everyone. According to 175.60(15m)(b) an employer cannot prohibit a licensee from having a weapons stored in their vehicle. So does this mean a non-licensee can be prohibited from storing a weapon in their vehicle? I am not asking for certified laywer advise, just your opinions. I guess I was under the impression anyone could have a weapon in their car, but after reading the statute, I am not sure.
    The OP's question was about weapons stored in their vehicle.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

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