Following WILL’s pressure, the DNR will repeal its unconstitutional firearm restriction
The News: The Wisconsin Institute for Law & Liberty (WILL) has successfully pressured the Wisconsin Department of Natural Resources (DNR) to repeal an administrative rule that violates the Second Amendment for thousands of fishermen.
Wisconsin Admin. Code § NR 20.05(2) states 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, its application surpassed intentions by violating the rights of law-abiding gun owners. After WILL filed a lawsuit, the DNR promised in court to begin the repeal process as soon as practicable and to act in good faith to complete the process. The two parties have since submitted a joint motion to dismiss the case.
The Quotes: WILL Associate Counsel, Skylar Croy, stated, “This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fisherman. Mr. Kobs and the many law-abiding gun owners can once again exercise their constitutional right without fearing unlawful enforcement.”
WILL client, Travis Kobs, expressed, “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.
Additional 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.
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. WILL is committed to fighting for the individual liberties of all citizens. The Constitution protects our inalienable rights, including the right to bear arms, which ought to be preserved at all costs. This is a significant victory for WILL and gun owners alike.
Read More:
- Filed Stipulation, 7.22.2024.
