Repealing Wisconsin’s Firearm Ban for Anglers: An Analysis

Unraveling the Persistent DNR Rule

Fly-fishing in Wisconsin’s state waterways has had a notable shift in policy. For the past 25 years, regulations maintained by the Department of Natural Resources (DNR) have prohibited anglers from bearing firearms while fishing. The entrenched rule, existing since at least the 1950s, originated with the intent to deter illegal fish shooting. However, this rule has recently been overturned as a result of a lawsuit settlement. While it remains illegal to use firearms for the actual act of fishing, we have now entered a new age where anglers may carry guns provided they hold a relevant permit.

Litigation Path to Repeal

The seed for this repeal was planted in July 2024. The conservative legal organization, Wisconsin Institute for Law and Liberty, filed a lawsuit on behalf of a local resident named Travis Kobs, asserting that the existing regulation was constitutionally flawed and amounted to a total firearms prohibition on state waters. The settlement of this lawsuit saw the DNR pledging to repeal the rule, which has led us to the current scenario.

Clash with State Laws

Interestingly, the crux of this case stems from a conflict with Wisconsin’s concealed carry law, which was passed in 2011. This law seemingly clashed with the DNR’s firearm prohibition rule, and contributed largely to its ultimate repeal. The realization of such an anomaly underscores the importance of harmonizing overlapping rules within the state to prevent such legal ambiguities.

The Republican-controlled Committee Spearheads the Repeal

The appeal culminated on December 17th, when the Republican-controlled Joint Committee for Review of Administrative Rules temporarily dismissed the questionable rule upon request from the DNR itself. Backed by an 8-2 majority vote, the change is evidence of lawmakers’ growing support for some form of concealed carry, even amidst opposition from Democratic Senators.

Unpacking the Opposition

Not everyone has warmly welcomed the repeal. For example, State Senator Kelda Roys, D-Madison, and Senator Chris Larson, D-Milwaukee openly opposed the change. Senator Roys argued that more guns in more places might not be a good idea, especially considering the recent school shooting at Madison’s Abundant Life Christian School that resulted in three tragic deaths.

The Reality of Firearms while Fishing

Interestingly, despite the initial rule and its enforcement, there have been no reported cases of DNR issuing citations to people carrying guns while fishing. This depicts the practical implementation and the actual need of the rule in the real world scenario. Furthermore, as State Senator Steve Nass, R-Whitewater, remarked, “Nobody’s pulling their pistol out to shoot fish”. Perhaps a revisiting of the law in response to the reality of its application is more pragmatic.

Anticipated Future Developments

While the DNR has currently only suspended the rule, it has indicated that there are plans to permanently repeal it in the future. If this becomes the case, we may witness some significant paradigm shifts in Wisconsin’s legal landscape, the implications of which could be far-reaching and perhaps alter the leisure activity of fishing in the state permanently.

Reflecting upon Firearm Policies and their Place in Modern Society

This development throws light onto broader aspects of gun control and constitutional rights. The repeal of the firearm ban in the context of fishing serves as a reflection of societal demands for rights protection and the rigidities of existing gun control measures. It sparks fresh discussions around the need for comprehensive firearms policies that can accommodate changing social dynamics and align with the current legal frameworks while ensuring the safety and security of citizens.

Originally Post From https://www.wpr.org/news/dnr-rule-against-carrying-guns-fishing-repealed

Fishing with Firearms Now Possible as DNR Rule Repealed