Wisconsin DNR to repeal fisherman gun-ban rule

The rules will soon be changing for people who carry guns and go near the water in Wisconsin.

The Wisconsin Institute for Law and Liberty on Wednesday announced the Wisconsin Department of Natural Resources has agreed to repeal its rule that essentially banned people from carrying a gun near any lake, river or stream in the state.

The rule stated that no one can “[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.”

WILL lawyer Skylar Croy said the DNR’s decision is a win for the Second Amendment, and a win against the growth of the administrative state.

“This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fisherman,” Kroy said. “Many law-abiding gun owners can once again exercise their constitutional right without fearing unlawful enforcement.”

Kroy said that balance needed to be restored.

“Administrative agencies are often able to promulgate rules (which are basically laws) that never could have survived the legislative process. This is not just a local problem. In both Wisconsin and the United States, the administrative state has been growing for the past 100 years. Right now, the Code of Federal Regulations is over 200,000 pages. No one can even claim in good faith to have read it all,” Kroy told The Center Square.

The DNR’s rule grew from a ban on using small caliber pistols to catch large fish like sturgeon or muskie. In 1999, the DNR enacted its rule.

This week’s repeal agreement, however, does not change the ban on using firearms to fish.

Still, Kroy said it once again opens Wisconsin’s outdoors to gun owners.

“Once the repeal is complete (which will take some time under state law), a concealed-carry permit holder will be able to lawfully control a firearm for self-defense along the shores, banks, and waters of Wisconsin,” Kroy added. “These issues are worth fighting, and I would encourage any gun owner who is subject to gun control to reach out to WILL.”