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Wisconsin DNR Sued for Unconstitutional Rule on Firearms Possession
AmmoLand ^ | June 10, 2024 | Dean Weingarten

Posted on 06/15/2024 6:44:30 AM PDT by marktwain

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To: Texas Fossil
Bowfishing is legal for taking carp, in Oregon. That’s all.

A friend in SD got a permit for bowfishing paddlefish, this year. They won’t take a lure, and snagging is the other legal method of take.

21 posted on 06/15/2024 7:42:40 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: gundog; Texas Fossil

Looks like Oregon has expanded opportunity to other invasive species.


22 posted on 06/15/2024 7:48:37 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: gloryblaze

It’s strangely worded. It says “on the waters, banks or shores that might be used for the purpose of fishing”. It doesn’t seem as worded to have anything to do with fishing with a gun. It just bans guns anywhere on or near the waters that might be used to go fishing. If they mean to say “don’t shoot fish” they worded it so that it disarms everyone for any purpose if they are at a lake or riverbank.


23 posted on 06/15/2024 7:54:02 AM PDT by monkeyshine (live and let live is dead)
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To: marktwain

So the criminals, knowing they are unarmed, will rob fishermen.


24 posted on 06/15/2024 7:59:21 AM PDT by JimRed (TERM LIMITS, NOW! Finish the damned WALL! TRUTH is the new HATE SPEECH! )
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To: monkeyshine

It is quite ambiguous. For that reason alone, it should be tossed.


25 posted on 06/15/2024 7:59:34 AM PDT by 17th Miss Regt ( )
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To: monkeyshine
You are correct.

No one knows how many, if any, people have been charged under this regulation.

Because of the way Wisconsin law is written, there is a separate proceedure to challenge the validity of the regulation. This proceedure has to be use *before a person is arrested or charged under the regulation*. This is what gives standing in the Wisconsin lawsuit, even though the person has not been charged.

26 posted on 06/15/2024 8:04:09 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Bayard

Guns no, but I guess TNT is ok.


27 posted on 06/15/2024 8:04:55 AM PDT by Mouton (A 150MT hit may not solve our problems now but is a good start. )
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To: monkeyshine

What about duck hunting?


28 posted on 06/15/2024 8:20:36 AM PDT by MRadtke (Light a candle or curse the darkness?)
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To: desertsolitaire

The way Wisconsin fishing laws are written is that it is already illegal to harvest fish that are not designated as “rough fish” by any means other than those specified.

Without there once having been a rifle salmon or shotgun trout season, it was already illegal.


29 posted on 06/15/2024 8:26:49 AM PDT by gnarledmaw (Hivemind liberals worship leaders, sovereign conservatives select servants.)
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To: MRadtke
What about duck hunting?

One can hunt ducks in cornfields...

But from shorelines or from a boat? Not without violating this regulation.

Of Course, the Wardens enforcing the regulation must disarm themselves before going to a shoreline or on the water, or they are in violation as well.

30 posted on 06/15/2024 8:31:17 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Bayard

“Apparently fishing with guns is a lost art in the USA.”

Salmon and stripers are fools for a line baited with a nice 1911. They’ll always bite!


31 posted on 06/15/2024 8:34:27 AM PDT by MeganC (❤️❤️❤️❤️❤️❤️❤️)
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To: PeterPrinciple; All
The rule was created out of thin air by the Wisconsin DNR in 1999.

Exactly right. All regulations are written by one person.

It appears the same person used almost the same wording with regard to bows, crossbows, spears, or similar devices in NR 20.09:

(1) Possess or control any bow, crossbow, spear, or similar device while on any water or on the banks or shores of any water that might be used for the purpose of fishing except as specifically authorized in ss. NR 20.10, 20.15 (1m) or 20.20, or ch. NR 21, 22, or 23.

NR 20.09 allows a few very specific uses of bows, crossbows, and spears to take fish. As all of these are "arms" as defined by the Second Amendment, it appears NR 20.09 is also unconsitutional.

32 posted on 06/15/2024 8:41:00 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain

Exactly right. All regulations are written by one person.


And what is his name? We need to get to that point.

I remember being is tax school, no new law passed that year but the depreciation calculations were all changed with no practical difference. The speaker even said this was most likely a crat wanting to justify his position.

I stood up and asked for his name. I was escorted out...............


33 posted on 06/15/2024 8:47:46 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Liz

Sure, in a barrel !


34 posted on 06/15/2024 8:55:40 AM PDT by skepsel ("A cat is more intelligent than people believe, and can be taught any crime", Mark Twain.)
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To: marktwain

Well, I hope they win. This is huge overreach by DNR.


35 posted on 06/15/2024 9:01:55 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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To: Eli Kopter

The indians spearfish the hell out of walleyes!


36 posted on 06/15/2024 9:10:22 AM PDT by Bonemaker (invictus maneo)
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To: marktwain

“No 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.”

Must have been written by a democrat! All waters in Wisconsin are used “for the purpose of fishing”...not “might”!


37 posted on 06/15/2024 9:30:33 AM PDT by Bonemaker (invictus maneo)
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To: desertsolitaire

“No poaching of fish need have happened yet, or witnessed, just the possession is a presumption of actual guilt by the fish cops of these crimes.”
—————
IOW, mere capability equals guilt. I guess that they should, therefore, arrest every female over the age of 13 for prostitution.


38 posted on 06/15/2024 10:57:47 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." - The Weapons Shops of Isher)
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To: Liz

Shooting fish? Who knew?
= = =

“Shooting fish in a barrel”

Probably came from this. You know, half the population runs around shooting into barrels, hoping for fish.

Make a law against that.


39 posted on 06/15/2024 11:32:52 AM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT. And I am generally full of /S)
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To: marktwain; Liz

Good. Sue them. It’s a stupid law. I’ve yet to hear of anyone arrested for shooting fish.

M80’s tossed in? Maybe... ;)


40 posted on 06/15/2024 12:36:42 PM PDT by Diana in Wisconsin (I don't have, 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set. )
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