Anglers are now off the hook if they carry a firearm while fishing after the Wisconsin Department of Natural Resources has agreed to repeal a regulation preventing them from doing so.
The move follows a lawsuit filed by the conservative law firm Wisconsin Institute for Law and Liberty, or WILL, on behalf of Sheboygan Falls resident Travis Kobs. The legal group sued Acting DNR Secretary Steven Little last month over the 25-year-old rule that bars firearms and guns on waters and shores used for fishing.
The group’s complaint states any angler found in violation of the regulation could have been punished by a $200 fine plus court costs that would have pushed the total penalty past $500.
WILL argued the rule is an unconstitutional violation of Kobs’ Second Amendment rights to keep and bear arms. Now, a settlement between the parties states Little intends to repeal the regulation “as soon as practicable and without delay.”
Skylar Croy, associate counsel for WILL, said it’s important to ensure unconstitutional laws and rules are removed from the books as quickly as possible.
“There is a constitutional right under both the state and federal Constitution to protect yourself using firearms,” Croy said. “That right doesn’t disappear just because you’re in the great outdoors.”
According to a complaint, Kobs carries a 9mm pistol for self-defense and frequently fishes and hunts in the Nichols Creek Wildlife Area and other sites in Sheboygan County. He feared that he may face prosecution for violating the little-known rule.
“Because of this effort, I can now lawfully protect myself by carrying a firearm while out on the water, fishing, boating, and camping,” Kobs said in a statement.
In remote areas, Croy said it may be difficult for law enforcement to respond to any incidents in a timely manner. He added that anglers may experience issues with wildlife, such as being charged by a bear.
Ben Dufford said he and a fishing buddy came upon a bear and her cubs in Marinette County while trout fishing, noting one of them would typically carry a firearm for protection.
“That’s not a good place to be with a mother black bear with cubs,” Dufford said. “We drew, but we never fired.”
Dufford, who lives in Bayfield County, said he was unaware of the rule.
“If you’re a mile deep on a stream and you feel safer carrying a firearm, I think that should be your right,” said Dufford, who carries a 9mm pistol.
Croy said anglers commonly shot muskies with a small-caliber pistol until 1966 because muskies have sharp teeth that could do a lot of damage. As a result, they would shoot the fish while it was on the line before reeling it all the way in.
However, a regulation was adopted after shooting muskies was deemed unsportsmanlike. In 1966, a rule was put in place that stated it’s illegal for anyone to take a fish “with the aid or use of any firearm.” It remained in place for several decades until the DNR adopted the current rule that’s set to be repealed.
Wisconsin Wildlife Federation Executive Director Cody Kamrowski said its board doesn’t have a position on repealing the regulation, saying only that it supports the legal harvest of fish.
“Using a firearm to harvest fish is illegal, and we do not support that,” Kamrowski said.
The state hasn’t enforced the rule since Wisconsin legalized carrying concealed weapons in 2011.
“The department will continue to enforce the laws that prohibit unauthorized methods of fishing, including the use of a firearm, gun or similar device to harvest a fish,” said Molly Meister, a DNR spokesperson.
The DNR has until Jan. 1 to repeal the rule under the settlement. If it’s not removed by then, Croy said litigation may continue.
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