Vandil
Regular Member
Wisconsin Bankers Association just held an electronic discussion forum on WI CCW, 250 reps from 170 Wisconsin banks attended one of them being yours truly. This trade association consists of 98% of WI chartered banks. Most of it is standard legal boiler plate but there were a few interesting bits. An opinion about restricting CCW in drive up teller lanes while the customer is still in their personal vehicle on bank property. As well as discussing lack of bank liability and responsibility after posting a no CCW sign and customer injury due to a 3rd party.
Member handouts in PDF format are attached.
Authors appear to be
pneuman@boardmanlawfirm.com
jmirus@boardmanlawfirm.com
WI Banker Legal VP not credited
kcelven@Wisbank.com
If anyone has access to the Wisconsin Credit Union League's 9-13-11 opinion "To Post or Not to Post?" I'm curious if it's comparable. Community Bankers of Wisconsin posted the Wisconsin Banker opinions almost to the letter.
Liability was the focus of a majority of the memberships questions. I found this to be actually a bit scary personally. Strip your right of self defense, force you to enter a facility known to be targeted by armed criminals, then deny liability based on reasonable foresee-ability and the posted sign providing adequate warning.
WI Banker approved signage.
Apparently no security is a form of security program.
Member handouts in PDF format are attached.
Authors appear to be
pneuman@boardmanlawfirm.com
jmirus@boardmanlawfirm.com
WI Banker Legal VP not credited
kcelven@Wisbank.com
If anyone has access to the Wisconsin Credit Union League's 9-13-11 opinion "To Post or Not to Post?" I'm curious if it's comparable. Community Bankers of Wisconsin posted the Wisconsin Banker opinions almost to the letter.
Concealed Carry and Bank Liability Summary
...
Banks may not prohibit individuals from keeping firearms in a vehicle being driven or parked in a parking
lot or to any part of the building, land or grounds used as a parking lot. It currently appears likely that the
law will permit banks to prohibit individuals from carrying firearms in vehicles being driven through a
bank's drive-through, subject to the posting requirement.
Liability was the focus of a majority of the memberships questions. I found this to be actually a bit scary personally. Strip your right of self defense, force you to enter a facility known to be targeted by armed criminals, then deny liability based on reasonable foresee-ability and the posted sign providing adequate warning.
Concealed Carry and Bank Liability
...
In general, and depending on the facts and circumstances of course, we believe banks that
prohibit firearms run a low risk of incurring liability for injuries caused by concealed firearms in
many circumstances, even though they are not afforded the statutory immunity provided by the
Act. Banks that prohibit firearms are not expecting any firearms to be on the premises.
Therefore the harm caused by a concealed firearm is less likely to be reasonably foreseeable than
if firearms were allowed. In addition, the fact that harm may be caused by a concealed firearm
may be difficult for a bank to reasonably discover because the weapon is often concealed from
view until moments before the harm takes place. However, if a bank prohibits firearms and an
individual enters the premises with a firearm to the knowledge of the bank, then there is a higher
risk of liability for injuries caused by the firearm, because the potential for harm is more likely to
be reasonably foreseeable and the bank is more likely to have a duty to protect its customers.
Plaintiffs injured by concealed firearms may argue that banks prohibiting firearms are
required to take additional steps, such as providing metal detectors or security guards to enforce
a no firearms policy. However, banks are only required to protect against reasonably foreseeable
harm, not guarantee customer safety. As a result, it seems unlikely that Wisconsin courts would
impose additional preventive measures on banks that prohibit firearms beyond posting notice.
Even if harm is reasonably foreseeable under certain circumstances, a bank that prohibits
firearms will not be liable unless it fails to take reasonable steps to protect its customers by
controlling the conduct of third parties or providing an adequate warning.
WI Banker approved signage.
Apparently no security is a form of security program.