Wisconsin DNR agrees to repeal anti-firearm rule

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The Wisconsin Institute for Law & Liberty (WILL) has successfully forced the Wisconsin Department of Natural Resources (DNR) to repeal an administrative rule that WILL says violates the Second Amendment for thousands who fish in Wisconsin.

Pursuant to Wis.  Admin. Code § NR 20.05(2), no person may possess 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.

According to the stipulation and joint motion for a stay obtained by the Wisconsin Law Journal, “Acting (Wisconsin DNR) Secretary Steven Little has notified the Plaintiff that he intends to repeal Wis. Admin. Code § NR 20.05(2) as soon as practicable and without delay.”

In exchange, plaintiff Travis Kobs agreed to dismiss his complaint.

The state was represented by Wisconsin Attorney General Josh Kaul.

The Wisconsin Law Journal reached out to both the Wisconsin Attorney General’s office and the Wisconsin Department of Natural resources on Wednesday morning. No comment was received prior to publication on Thursday.

Intent vs. Impact

WILL notes, although the rule was designed to regulate fishing practices, the rule’s application far surpassed the legislative intent and in effect violates the rights of law-abiding gun owners.

In the wake of WILL’s lawsuit, the Wisconsin DNR promised in court to begin the repeal process “as soon as practicable and to act in good faith to complete the process.”

Both WILL and the DNR have since submitted a joint motion to dismiss the case, according to court documents.

“This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fisherman. Mr. Kobs and the many law-abiding gun owners can once again exercise their constitutional right without fearing unlawful enforcement,” said WILL Attorney Skylar Croy.

WILL client, Travis Kobs, expressed gratitude for the work of WILL’s legal team.

“Because of this effort, I can now lawfully protect myself by carrying a firearm while out on the water, fishing, boating and camping. I am grateful for the work done by WILL and their team to bring this issue to the forefront,” said Kobs.

According to WILL, Wisconsin’s firearm fishing regulation was among the nation’s most restrictive because it not only regulated how one could harvest a fish, but the rule also prohibited the possession or control of any firearm that might be used for the purpose of fishing.

Due to the fact that all firearms could potentially be used for fishing, this rule operated as a complete firearm ban, WILL said, noting that several other states prohibit firearms as an instrument for harvesting a fish, but Wisconsin previously went one step further and prohibited possession on or near the water altogether.

Fines for violation could have been as high as $544.50 when court costs are included, WILL said.