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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

On June 6, 2024, the Wisconsin Institute for Law & Liberty filed a lawsuit against Steven Little in his official capacity as Acting Secretary of the Wisconsin Department of Natural Resources (DNR), demanding the Court temporarily and permanently enjoin enforcement of Wis. Admin. Code § NR 20.05(2).

Wis. Admin. Code § NR 20.05(2): “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.”

The DNR regulation bans possession of firearms in a wide variety of locations and activities. It directly violates the Second Amendment of the Constitution of the United States. Virtually any firearm “might be used for the purpose of fishing.”  The lawsuit does not claim a violation of Wisconsin Section 25, although the regulation also appears to violate Section 25.

The people have the right to keep and bear arms for security, defense, hunting, recreation, or any other lawful purpose. (Art. 1, § 25)

A far-left Wisconsin Supreme Court essentially nullified Section 25 in State v Hamden in 2003. Because of the 2022 election, the Wisconsin Supreme Court is currently back under the control of far-left judges. This may explain the strategy of citing the U.S. Second Amendment but not Section 25 of the Wisconsin Constitution.

The DNR regulation was created in 1999 during a rewrite of the regulations. It was claimed that the rewrite contained only “minor substantial changes.” The ban on firearms in wide areas of the state was administratively created within a year of the passage of the Constitutional amendment, Section 25, which was passed in 1998.


(Excerpt) Read more at ammoland.com ...


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KEYWORDS: 2a; banglist; water; wi
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The rule was created out of thin air by the Wisconsin DNR in 1999.
1 posted on 06/15/2024 6:44:30 AM PDT by marktwain
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To: marktwain

What a BS regulation.


2 posted on 06/15/2024 6:50:46 AM PDT by Eli Kopter
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To: Diana in Wisconsin

This is weird.


3 posted on 06/15/2024 6:54:15 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name . )
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To: Liz

I believe it is intended to prevent the use of firearms to take fish from shallow streams ( example salmon or steelhead trout spawning upstream from large lakes) by shooting the fish with rifles or shotguns. The Fish Cops can thus arrest/ticket/confiscate firearms found in possession by residents near fishing areas. 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.


4 posted on 06/15/2024 7:00:22 AM PDT by desertsolitaire (Perhaps the Great Ape Lawgiver in the series Planet of the Apes was correct in his view of humans?)
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To: Eli Kopter

Used to be up in the northwoods of Wisconsin, musky fisherman would use 22’s to finish off the big fish.


5 posted on 06/15/2024 7:02:51 AM PDT by Bonemaker (invictus maneo)
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To: marktwain

Do Not Resuscitate.


6 posted on 06/15/2024 7:04:08 AM PDT by x
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To: marktwain

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


7 posted on 06/15/2024 7:05:04 AM PDT by Bayard
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To: marktwain

The rule was created out of thin air by the Wisconsin DNR in 1999.


Exactly right. All regulations are written by one person.

It starts at your local city. They make up rules as they go. I am fighting it right now.


8 posted on 06/15/2024 7:05:43 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: desertsolitaire

All of out 3-letter agencies are communistic, even anti-American.


9 posted on 06/15/2024 7:06:06 AM PDT by Aevery_Freeman (The yoke of government must be kept light if Freedom is to Prevail.)
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To: desertsolitaire
The Fish Cops can thus arrest/ticket/confiscate firearms found in possession by residents near fishing areas.

There is no exception for the "Fish Cops" to be armed. If they are carrying firearms, they are flagantly violating the DNR regulation.

People could take pictures of the "Fish Cops" with a firearm on the bank or shoreline, and turn them in on the hotline for violating the DNR regulation.

10 posted on 06/15/2024 7:10:53 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: desertsolitaire

Shooting fish? Who knew?


11 posted on 06/15/2024 7:17:48 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name . )
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To: marktwain

A law should be passed that any person or people who create or pass an unconstitutional law, such person or people responsible for the creation or passage of such aforementioned law, shall be sentenced to a minimum of 10 years and fined no less than $250,000.

It will stop the nonsense.


12 posted on 06/15/2024 7:22:10 AM PDT by Racketeer
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To: marktwain

we desperately need to get free of unconstitutional agencies and agencies that create “regulations” to enslave us


13 posted on 06/15/2024 7:25:26 AM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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To: marktwain

Well, it does say “for the purpose of fishing”. So, you can’t shoot a fish but, interpreted correctly, you can still use it for self-defense.


14 posted on 06/15/2024 7:26:07 AM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: marktwain

https://crsreports.congress.gov/product/pdf/IF/IF10023


The congressional review act was a start. We need to have a tool like this in our states

Notice I said it is a “start”.


15 posted on 06/15/2024 7:29:39 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: libertylover
Well, it does say “for the purpose of fishing”.

Actually, it says: "..that might be used for the purpose of fishing."

Any firearm "might be used for the purpose of fishing."

16 posted on 06/15/2024 7:33:30 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: libertylover
Well, it does say “for the purpose of fishing”....

That is to define the water, not the purpose. Fish are everywhere in Wisconsin, you know, everywhere there is water. It is like their definition of "wetlands."

17 posted on 06/15/2024 7:34:03 AM PDT by gloryblaze
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To: Liz

Bow fishing is effective and legal in most places I have heard about.

What is the point in this crap? To make us all hate the appointed idiots in government.


18 posted on 06/15/2024 7:34:32 AM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: desertsolitaire
Oregon used to have a prohibition on possession of firearms during archery season. Got tossed because ODFW lacked authority to preempt legislation.

Pretty sure Oregon still allows permit-less concealed carry for those participating in or going to, or coming from lawful fishing activity.

19 posted on 06/15/2024 7:34:58 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: Bonemaker

I have heard of dynamite being used. Is the DNR against that as well? //sarc//


20 posted on 06/15/2024 7:35:03 AM PDT by Eli Kopter
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