If a private business or property owner allows the carrying of concealed weapons and someone is injured or killed as a result of a license holder using the weapon, is the employer or property owner legally liable?
Generally no. However, there may be circumstances where such liability may exist and a discussion of such situations is beyond the scope of this brief legal summary. The law provides:
· A person who 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 his or her decision. Wis. Stat. § 175.60(21)(b).
· 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).
· A person providing a firearms training course in good faith is immune from liability from any act or omission related to the course if the course is one of the courses listed in statute. Wis. Stat. § 175.60(21)(d).
Conversely, business owners have also been concerned that if they prohibit the carrying of concealed weapons on their property, and an altercation occurs resulting in the injury or death to a law abiding patron, they would be subject to liability because they didn’t afford that patron the ability to protect themselves through the carrying of a concealed weapon.
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