What kind of government entity would deprive citizens of the right to carry a firearm for self-defense while fishing?
Until this week, the Wisconsin Department of Natural Resources (DNR) had just such a gun ban for anglers in the state. But thanks to a legal challenge by the Wisconsin Institute for Law and Liberty (WILL), the DNR recently lifted the longstanding ban.
WILL challenged the ban on Second Amendment grounds, arguing that it violate anglers’ right to keep and bear arms.
“This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fisherman,” Skylar Croy, WILL associate counsel, said in a statement after the ban was lifted. “Mr. Kobs and the many law-abiding gun owners can once again exercise their constitutional right without fearing unlawful enforcement.”
As some background, Wisconsin’s firearm fishing regulation was among the nation’s most restrictive because it not only regulated how one could harvest a fish, but it prohibited the possession or control of “any firearm” that “might be used for the purpose of fishing.” Because all firearms could potentially be used for fishing, this rule functioned as a complete firearm ban.
Many states merely forbid firearms as an instrument for harvesting a fish, but Wisconsin additionally prohibited possession on or near the water altogether. Fines for violation could have been as high as $544.50 when court costs are included.
The WILL legal challenge was made on behalf of Wisconsin angler Travis Kobs, who wanted to carry a firearm for self-defense while fishing but was forbid to do so by the state DNR regulation.
“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 following the lifting of the ban. “I am grateful for the work done by WILL and their team to bring this issue to the forefront.”
According to court documents, the agreement reached between Kobs and the DNR included certain stipulations for both parties.
It is hereby agreed and stipulated, by and between the parties, through their undersigned counsel, that: 1. Acting 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,” the court agreement stated. “He hopes to successfully effect the repeal through the expedited repeal process. However, should that process fail for any reason, he commits to pursuing the repeal through the full, formal repeal process. In exchange, Travis Kobs agrees to dismiss his complaint upon the completion of the repeal process set forth in paragraph 1. Mr. Kobs will notify this Court within two business days of the repeal and file a voluntary dismissal within five business days of the repeal.”
Harris Does Not Believe In The Individual Right To Bear Arms (With Receipts).
Harris et al, think POTG are too stupid to understand the 2A plain text, when it is them who refuse to accept the plain text as it is written and which they took an oath to defend.
The Wisconsin Department of Natural Resources is tyrannical in North Korean proportions. They used to have a similar rule regarding firearms in a motor vehicle. You couldn’t even lean a loaded rifle up against a truck if it were parked in the woods miles from the nearest government road. Not being legally able to bring a loaded weapon into your vehicle puts a huge crimp in exercising your constitutional rights and the keeping and bearing of arms.
Wisconsin has terrible CCW laws. Their reciprocity is all messed up They don’t allow non-residents to apply for a CCW in their state and is weird about reciprocity. A Florida resident can not carry in Wisconsin because while they recognize non-resident permits from Florida they do not recognize Florida resident permits! The only way around this for a Florida resident is to get a non-resident permit from yet another state that Wisconsin does recognize.
What a sad state, literally and figuratively. I’m glad I don’t live there any more but because I am a Florida resident I can’t even exercise my RKBA when I go visit my family there.
Nikita Tesla,
My state has similar laws. Suppose that you have a pickup truck parked on your own property: your keys are in your pocket (vehicle is not running) and you lower your tailgate to function as a “table” of sorts, upon which you rest your loaded shotgun or rifle. That is a “crime”.
Aside from the particular example which I mentioned above, there are ample reasons why someone would want a firearm on their person for righteous self-defense while fishing. A woman fishing by herself in a secluded area is a prime target for rape. Of course anyone out fishing could find themselves the target of a feral dog, coyote, wolf, or bear attack. Similarly, anyone out fishing could find themselves the target of an armed robbery as well.
I find it interesting that Conservation Officers carry firearms–claiming that people or even animals which they run into could be dangerous. If there is real and tangible danger in the woods which justifies Conservation Officers carrying firearms, why doesn’t that same danger justify everyone else carrying firearms for protection in the woods? Of course it does, but that is just crazy talk.
I’m glad I moved to Florida. But isn’t perfect either. No open carry there which makes it practically impossible to carry a rifle. At least there is an exception for fishing and hunting though.
moderated? really? I don’t even know why people bother coming to this sad website these days.
You can make pithy comments on TTAG Fakebook🙄
I haven’t used Fakebook in years.
“Harris Does Not Believe In The Individual Right To Bear Arms (With Receipts).”
It does not matter what Kamala Harris believes. The Bill of Rights is not predicated on her beliefs.
Relative to the Bar:
Trump……….Raised the Bar
Harris……….Failed the Bar
AOC…………Worked at a Bar
Pelosi……….Lives at the Bar
Biden……….Can’t spell Bar
H Clinton…..Should be behind Bars
Nice play on words!
uncommon, thanks, but I can’t take credit for the composition. My better half found it on face’em book and I tried posting the link which contained pictures of the names. However, the links did not work on TTAG or SNW. The original looks better.
I always carry a gun fishing, usually some kind of 9mm for protection against 2 legged predators unless I’m in the back country then it’s a 10mm or .44 mag. I do live in Western Montana so 4 legged predators including big bears are a valid concern.
Which is why I purchased a .44 Mag a few years ago and more recently a 10mm. I’ve always harbored a desire to come up there to fly fish and I wanted to be prepared for the grizzlies. But, the biological clock is ticking and I haven’t made it yet other than a touristas trip to Yellowstone. I can still hope.