Wisconsin DNR Sued for Unconstitutional Rule on Firearms Possession

AmmoLand ^ | June 10, 2024 | Dean Weingarten

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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.

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“..that might be used for the purpose of fishing.”

If you can’t have arms while fishing, that will make it really tough on those cat-fish noodlers!

BTW - in Florida the law says that if you are fishing you CAN carry a firearm and don’t need a concealed carry license. There is some guy(s) on youtube that go around fishing in public places with an AR on a sling on his back.

Of course people call 911 and the police some. Some cops are cool, others act like Nazis. He says it is to bring awareness to the 2nd Amendment - use it or lose it. I think he just likes the youtube clicks.