Reeled in: A DNR rule against carrying guns while fishing has been repealed

It’s still illegal to shoot fish with a gun in Wisconsin, but anglers will no longer face potential fines for carrying a firearm while wetting their lines in state waterways.

That’s because a rule banning anglers from having firearms while fishing has been reeled in as part of a lawsuit settlement.

On Dec. 17, the Republican-controlled Joint Committee for Review of Administrative Rules temporarily nixed a DNR rule restricting people from possessing guns “that might be used for the purpose of fishing” at the agency’s request. The agency said it intends to permanently repeal the rule in the future.

The shift dates back to July, when the DNR promised to repeal the rule as part of a lawsuit settlement. The suit was filed by the conservative Wisconsin Institute for Law and Liberty on behalf of Sheboygan Falls resident Travis Kobs. It claims the agency’s regulation was unconstitutional and equates to a total firearm ban on state waterways.

DNR attorney Chandra Harvey told the committee that the firearm prohibition has existed “since at least the 1950s” in Wisconsin.

“These regulations were intended to aid the DNR in preventing the illegal shooting of fish,” Harvey said.

But the passage of Wisconsin’s concealed carry law in 2011 put the rule in conflict with state statute, she said.

The vote to repeal the firearm ban for anglers was 8-2, with state Sen. Kelda Roys, D-Madison, and Sen. Chris Larson, D-Milwaukee, casting the lone no votes.

During the committee’s public hearing, Roys referenced Monday’s school shooting at Madison’s Abundant Life Christian School, which left two students and one teacher dead.

“I think there are still good reasons why we should not have more guns in more places, especially given recent events in my district,” Roys said.

Larson later asked whether the agency had issued any citations to people carrying guns while fishing. Chandler said the DNR hasn’t issued any such citations. State Sen. Steve Nass, R-Whitewater, said that “bodes well for concealed carry.”

“Nobody’s pulling their pistol out to shoot fish,” Nass said. “So, hallelujah.”