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Wednesday

May 2012

23

April Reczka | The Right Side of Business


To post or not to post, that is the question

I recently had an in-depth conversation with Jerry Hoffman, a Mukwonago Area Chamber member and friend, regarding "concealed carry"; he was a wealth of knowledge and was willing to share the following:

The gun issues bring forth a lot of conversation. Some of the discussions currently revolve around the "concealed carry" law and the decision a business owner needs to make regarding a "weapons" sign. This discussion holds strong opinions. Let's take a look from a business perspective.

First, the decision is in the hands of each individual business owner. The statute (2011 Wisconsin Act 35) covers many aspects of CCW (concealed carry weapons.) This article is only going to discuss whether or not a business should post a "no weapons allowed" sign. Ready? Here we go.

The size of the sign (at least 5x7 inches) and location (near all common entrances) is spelled out. The rest of the details are up to you. Probably "no weapons allowed" would be a good start. Now, do you post? It depends on you, your attorney, and most importantly your customers. Let's start with you.

Here is where you make the same decision you made when you hung up your sign. What do you feel is the right decision? Do you want law-abiding citizens in your shop with a gun?

Next, your attorney. I am not an attorney. The discussion here lies in the liability issue, among others. According to the state Department of Justice, the statue says "An employer who does not prohibit one or more employees from carrying a concealed weapon is immune from any liability arising from that decision. Wis. Stat.175.60(21)(c)." Don't post a sign and you don't have the liability. Right? Well, some attorneys on their own websites say you should post, because not having the liability is not what you think it means. Confused? Please check with your attorney, they are the experts.

Your customers are your most important decision. What will make more people come in to buy my goods or services? Or in this case, maybe keep people from coming in. Who is most likely to be your walk-in traffic? Will your regular customers feel better about the sign or shun you because of it? Operating a sporting goods store advertising CCW holsters, you might not want a sign. A coffee shop that promotes the ban of all guns in the world as your drawing card might need a big sign. Everyone else falls in the middle.

To sum up this process, here are a few thoughts. Do bad guys follow rules; do you think a sign will deter criminals? No judge has ruled on this yet, so we only have a statute, no case law. When you traveled to the other 48 states, how many people did you see carrying concealed weapons? Is your answer none? No matter what decision you make; I am proud to support your right to make it!

To meet Jerry and learn more on this topic, join the Mukwonago and Waterford Area Chamber of Commerce's Business Builder Event from 9 a.m. to 3 p.m. Thursday, Jan. 19, at the Cotton Exchange in Waterford. More information is available at www.mukwonagochamber .org.

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