Divided Panel Recommends Firearm Ban in City Buildings

Guns and other weapons should be banned from municipal buildings, a city committee recommended Tuesday on a 3-2 vote in which opponents questioned the effectiveness, need and enforcement of a ban.

The full Brookfield Common Council will consider the recommendation at its meeting Nov. 1 — the day the state's new law allowing citizens with permits to carry concealed firearms goes into effect.

Brookfield Police Chief Dan Tushaus said that without metal detectors, posting signs about the ban at city entrances would not keep guns out of the building.

"If you think a sign is going to stop someone with nefarious intentions, you're sorely mistaken," the chief said.

Tushaus said that if a ban were enacted, city employees who saw someone carrying a firearm into the building could call the police department and officers would ask the person to bring the weapon back to a vehicle. If they refused, under the new state law, they could be cited with a non-criminal citation for trespassing — like a traffic ticket.

The state law lists the penalty as a Class B forefeiture of up to $1,000.

Members of the city's Legislative and Licensing Committee disagreed about whether a weapons ban was needed, with Aldermen Gary Mahkorn, Renee Lowerr and Bill Carnell recommending a ban, and Aldermen Rick Owen and Ron Balzer opposed.

Owen, who , asked whether all city buildings needed a ban or whether it could be limited to certain ones like City Hall and the Public Safety Building, not the library or other properties.

City Attorney Karen Flaherty said it could be narrowed to certain buildings only, but Owen said he did not want to recommend even a more narrow ban. 

"I really hate to trample on rights ... to restrict behavior or abilities," without proof of a greater danger, Owen said.

Mahkorn said he shared some concerns about a ban's effectiveness. But he said he believed the city had an obligation to protect its employees from potential violence and noted city personnel rules prohibit employees from having weapons in the building. He asked why citizens should be allowed to bring weapons into the building if staff can not do so.

Flaherty and City Human Resources Director Jim Zwerlein said some employees have urged a ban be enacted, saying it would increase their perception of safety.

Ald. Dan Sutton, who was not on the committee, took the opposite stance: that having more guns in the hands of responsible people — employees or citizens who obtain legal permits — would deter criminals from gun violence.

"I would feel a heck of a lot more comfortable," Sutton said, should someone pull out a gun and threaten to shoot, that someone else would be able to come to the rescue with their weapon.

Mahkorn likened that to the "Wild West" and said he believed having a sign would deter some from bringing a weapon inside and promote a symbolic gesture of civility and safety. Sutton countered it could embolden criminals into believing they'd be the only person with a gun.

Lowerr agreed with Mahkorn that employees would feel safer knowing guns, tasers, knives, clubs and other weapons would be prohibited.

Balzer said he was concerned that posting signs at city entrances could open the city to more liability should an incident occur. State law provides immunity to owners who do not post signs, Flaherty said, but does not provide it to those who do. It is still being interpreted, she said.

Ald. Carnell said he believed a ban was valid, adding "reasonable people won't be offended" by it.

"The liability issue is somewhat up in the air," she said, but added: "I don't think that a court would find that you'd have to put metal detectors at all of our entrances (to be immune from liability)."

Mahkorn said he believed the state needed to refine its concealed carry law, noting that there are contradictions such as the ability to carry a concealed firearm into a tavern — as long as you're not drinking alcohol.

The City of Milwaukee has urged local taverns to post signs banning guns. 

Owen noted that current law allows citizens to openly carry guns most anywhere, including into city buildings. Starting Nov. 1, citizens who obtain proper permits can also carry concealed guns into many places, including city buildings.

The concealed carry law does not allow guns to be carried into schools, courthouses or municipal courts when they are in session.

Flaherty said the state law also allows local governments to ban firearms from special events, where entrances are tightly controlled and gated such as Summerfest. She added a ban on special events to Brookfield's proposed ordinance but said there are no current city events that would qualify for a ban, given the state's definition. Even Fourth of July fireworks and summer concerts would not quality as special events where firearms bans are allowed.

The city can not ban firearms from its parks or open spaces, nor its parking lots.

Flaherty said her review found that more communities are passing bans than are not. which tabled the issue Monday night, are working toward likely adoption.