Kobs v. Little

Case Name: Kobs v. Steven Little, Acting DNR Secretary

Type of Case: Constitutional Government and Rule of Law

Court: Sheboygan County Circuit Court

Filed On: June 6th, 2024

Current Status: WILL Victory! The DNR agreed to fully repealed their rule on 7.22.2024!

WILL CHALLENGES UNCONSTITUTIONAL DNR RULE

June 6, 2024 | The Wisconsin Institute for Law & Liberty challenged the Department of Natural Resources on an administrative rule that violates the Second Amendment.

WISCONSIN DNR AGREES TO REPEAL ANTI-FIREARM RULE

July 18, 2024 | The Wisconsin Institute for Law & Liberty successfully pressured the Wisconsin Department of Natural Resources to repeal an administrative rule that violates the Second Amendment for thousands of fishermen.

The Lawsuit: The Wisconsin Institute for Law & Liberty (WILL) challenged the Department of Natural Resources (DNR) on an administrative rule that violates the Second Amendment. Wisconsin Admin. Code § NR 20.05(2) asserts that “[n]o person may . . . [p]ossess 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 rule was designed to regulate fishing practices; however, it went much further and violated the rights of law-abiding gun owners like our client.

Background: 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. Fines for violation could have been as high as $544.50 when court costs are included.

WILL’s Victory: WILL successfully pressured the DNR to fully repeal their administrative rule.

Following the full repeal of Wisconsin Admin. Code § NR 20.05(2), Wisconsin gun owners can once again act legally while simultaneously exerting their Second Amendment right to bear arms. This is a significant victory for WILL and gun owners alike.

Case Documents: