Wisconsin DNR Sued over Firearm Prohibition on Waterways

by
posted on June 13, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
Jump River In Wisconsin (1)

Late last week, the Wisconsin Institute for Life and Liberty filed a case against Acting Secretary of the Wisconsin Department of Natural Resources (DNR) Steven Little, to prohibit enforcement of Wis. Admin. Code NR 20.05(2). An odd section of the state code, NR 20.05(2) actually manages to violate the second amendment in regard to fishing, rather than hunting. Under its list of general restrictions, bullet point 2 of NR 20.05 states that no person may "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 is, of course, a rather broad restriction, considering that not only is the place restriction overbroad, but nearly any gun could be considered capable of "fishing."

Passed in 1999, NR 20.05(2) was part of a rewrite that supposedly only contained small changes. Wisconsinites had traditionally kept "kit guns" in their tackle boxes to help them easily finish larger fish once they were brought alongside the boat. The 1999 rule change was the culmination of a campaign started in 1965 to demonize the practice, banning the means to accomplish it rather than the practice itself. In doing to, it has made countless individuals—not just fishermen—accidental lawbreakers, as they travel the state's waterways with a defensive or sporting firearm. Indeed, by the letter of the law, one can't travel to a favored turkey-hunting spot with a shotgun via canoe, or even hunt a riverbank without running afoul of regulations. That's not even to begin considering its potential implications for duck hunting, should it be stringently interpreted.

So why file the suit now, when this unconstitutional rule (which also appears to violate Wisconsin Section 25 on the right to keep and bear arms) has been in effect since 1999? In the wake of the Bruen decision, the law has become freshly clarified on firearm regulation. As there is no historical precedent for such a rule as NR 20.05(2) (prior to 1999), grounds for its prohibition are now clear. 

While this makes it sound like a slam dunk, the current makeup of the Wisconsin Supreme Court yields this outcome less clear. The court flipped in 2022, putting leftists in control. Given a 2003 gutting of the aforementioned Section 25 in State v. Hamden, a travesty which has not yet been reversed, the court could rule against the plaintiff. At that point, it would need to be appealed to the U.S. Supreme Court, who have a limited docket each year given the number of cases pushed up to them.

Acting Secretary Little has 45 days from the filing to respond. Keep checking back with us here for updates on the story.

Latest

Ledeinterior Department
Ledeinterior Department

Funding Authorized to Conserve Critical Wetland Habitat

The Department of the Interior has announced that $44.79 million in North American Wetlands Conservation Act (NAWCA) funds have been approved by the Migratory Bird Conservation Commission. They will provide the U.S. Fish and Wildlife Service—and its partners—the ability to conserve, restore or enhance 185,203 acres of critical wetland and associated upland habitat for migratory birds across the United States.

Behind the Bullet: The .30-378 Weatherby Magnum

Curious about one of the original wonder cartridges? A cartridge that literally broke the 6000 fps mark with specialized, lightweight options? Follow along with Phil Massaro as he dives into the .30-378 Weatherby Magnum.

New for 2026: Muddy Cloak OZ3 and OZ5 Ozone Generators

Muddy Outdoors has launched the Cloak OZ3 and OZ5 Ozone Generators—two high-output scent control solutions designed to give hunters a true edge in the field.

Varmint Hunting 101: Tips and Overview

Looking for a way to spend your offseason that scratches your hunting itch? Try varmint hunting. Follow along with Tim Hovey as he discusses how to get into the pursuit, and some basic tips to get you rolling.

MDT Expands ACC Elite Compatibility to Savage 110 Short Action and CZ 457 Platforms

MDT has expanded its ACC Elite chassis system, adding compatibility for the CZ 457 and Savage 110 short action platforms.

Looking for Hogs vs. Hunting Wild Boars

There is no right or wrong way to hunt hogs. But in the author’s opinion there are methods that are more rewarding than others if sporting challenge, and not merely eradication, is the goal.

Interests



Get the best of American Hunter delivered to your inbox.