Concealed weapons:
another issue for fairs
The state's new law that allows residents to legally carry concealed weapons brings with it a host of decisions for organizers of the state's 76 county and community fairs.
Members of the Wisconsin Fairs Association gathered in Wisconsin Dells this week for their annual convention and several well-attended sessions dealt with the issue and decisions fairs will need to make before they open their gates.
David Zibolski began work in June as deputy administrator at the Wisconsin Department of Justice's Division of Law Enforcement Services after serving 27 years with the Milwaukee Police Department.
He told fair organizers that he couldn't give them legal advice but offered several sessions highlighting the decisions they will need to look at before this year's fairs.
Wisconsin residents over 21 years of age who have received a permit to carry a concealed weapon, are allowed to do so. As of Jan. 9, the DOJ had received 70,000 license applications and 48,000 have been issued, Zibolski said.
The agency had thought they might see 100,000 licenses issued in the first year, but now he believes they may end up with 200,000. "We are receiving 1,000 applications a day so we are pretty busy. That gives you an idea of how prevalent it's going to be," he added.
"Prior to last November (when the law was passed) it would probably be pretty unusual to see someone walking around your fair carry a gun," he told a large group of fair board members.
In order to carry a concealed weapon now, people must have their license (called a CCW) with them and valid photo identification card. The CCW permit does not have a photo on it, he explained, so those carrying weapons must have another form of identification that shows their photograph.
Non-residents can carry a concealed weapon if they come from a state that is recognized by Wisconsin. There are 49 states with concealed carry laws, but not all of them are recognized by Wisconsin. So far, Wisconsin recognizes 29 states and two territories, he said, but reciprocity agreements are in process with other states.
The law allows people to carry any handgun, taser, any knife except a switchblade and a billy club - an item which is not defined by the statute.
The law brings with it a "culture change" he said, and "will bring another thought process to what's going on at fairs."
If fairs are considering posting their event with signs that declare no weapons will be allowed on the property Zibolski offered some ideas. Who owns the property will have an impact on the ability to make this decision.
Whether or not a fair association owns its own grounds or rents them from the county will impact this decision, he said. Other factors affecting the ability to make a decision on posting would be whether or not there is an admission fee; if grounds are secure or open; and if there is a security or law enforcement presence on the grounds during the fair.
Property owners can prohibit or restrict the possession of weapons on their property, so fairs that own their own grounds could do so. But that brings up other questions.
Anyone who violated that property-owner's posting and brought a weapon could not be arrested. "It's not an arrestable offense," he said, but involves only a Class B forfeiture.
It would cost local law enforcement a $25 filing fee against a person who violated the posted decision and the forfeiture to be paid by the violator is also $25, making the violation "not very actionable for law enforcement."
Possession of firearms can be prohibited, he said, for "special events" but the legal definition of such events wouldn't cover all fairs and it wouldn't apply to firearms in vehicles. "This has infiltrated private property rights to some extent," he added.
If fairs decide they want to post signs prohibiting firearms, there are legal requirements about the size of the sign but there is no required wording for those signs, he told fair board members.
Every entrance to the event must be posted.
The law also prevents local governments from adopting ordinances that are more stringent than the state statute.
One fair organizer asked Zibolski if fairs can exclude from entry anyone with a weapon. He said this brings up the question of whether or not they want to search people coming into the fairs.
"I don't know how many fairs are going to want to search people coming in," he said.
Zibolski urged them to have discussions with their law enforcement or security staff before their events to talk about who will follow up on complaints about armed persons at the fair. "These are things to think about. I'm just throwing it out there for thought-provoking conversations."
Fair organizers wanted to know if posting signs would limit or increase their civil liability; he urged them to check with their appropriate legal authorities on this question.
Also complicating fairs' decision-making is the impact of alcohol. No one may possess a firearm in a tavern, with certain exceptions, and it is a misdemeanor to be under the influence of an intoxicant with a weapon.
But Zibolski said it gets "very tricky" to determine how this affects fairs where alcohol is served. (Some fairs in the state are "dry" and do not serve alcohol.)
If the whole fairgrounds is licensed to serve alcohol would be a different consideration than if there were certain designated and restricted areas for alcohol sales, he said.
The statute prohibits anyone from finding out if a CCW license holder has been involved in a crime, he said.
Another issue that might come up, he said, is storage of weapons if they are prohibited on the fairgrounds. People who brought their weapons might need to have them stored if they can't carry them.
There has been a lot of "angst and disagreement" between ambulance operators, hospitals and law enforcement about what to do if someone carrying a weapon needs to be transported to the hospital. Some ambulance companies don't want to have that weapon in their rig, he said.
Fairs may have contracts with emergency medical service providers and should discuss this issue with them, he said.
"It's going to take some pre-planning. With all these license holders some of these things are going to happen. You need to get your policy out ahead of time."
Zibolski also urged fair organizers to be aware that certain groups and individuals may be on the prowl for poor handling of the weapons issue so they can record it and put it on the internet to further their own ideas.
"They might try to get you to overreact and put you on 'You tube.' I just want you to be aware of that."
