Wisconsin Law Changes: Go Fishing, Legally Packing

Want to go fishing in Wisconsin? Good news, people—you no longer have to leave your gun at home when you want to wet your lines. After decades of weird restrictions on fishermen, the state’s Department of Natural Resources has finally come to its senses.

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Lawyers in action

The policy change comes thanks to the efforts of the Wisconsin Institute for Law & Liberty (WILL), but it’s a change that took a long time to happen.

For 25 years, Wisconsin Admin. Code § NR 20.05(2) had said that no person could “Possess or control any firearm, gun or similar device at any time while on the waters, banks or shores that might be used for the purpose of fishing.”

This wording meant that fishermen were legally pressured to leave their guns at home when they hit the water. WILL said that “Wisconsin’s firearm fishing regulation was among the nation’s most restrictive because it not only regulated how one could harvest a fish; it prohibited the possession or control of “any firearm” that “might be used for the purpose of fishing. Because all firearms could potentially be used for fishing, this rule operated as a complete firearm ban. Many states merely forbid firearms as an instrument for harvesting a fish, but Wisconsin additionally prohibited possession on or near the water altogether.”

When you factor in the court costs, the fines for violation could have been as high as $544.50.

To change this, WILL filed a lawsuit against the Wisconsin DNR on behalf of Sheboygan Falls resident Travis Kobs. When they got to court, the DNR said they’d repeal the objectionable regulation as soon as it was practicable. That was enough for DNR and WILL to submit a joint action to dismiss the case.

From here on out, then, if you’re going fishing in Wisconsin, you should be able to bring your firearm. WILL client Travis Kobs said that’s his plan: “Because of this effort, I can now lawfully protect myself by carrying a firearm while out on the water, fishing, boating, and camping. I am grateful for the work done by WILL and their team to bring this issue to the forefront.” No doubt other Cheeseheads echo the sentiment…