Wisconsin to repeal old gun law meant to stop muskie shooting

In response to a lawsuit filed on behalf of a local sport fisherman, the Wisconsin Department of Natural Resources has agreed to repeal a law that prohibits fishermen from carrying firearms on the water, the Wisconsin Law JournalThe legal group that filed the lawsuit argued that the law violated Wisconsinites’ Second Amendment rights. The law was first enacted 25 years ago as a fishing regulation to discourage anglers from shooting muskies, which had been a popular practice in previous decades.

The lawsuit, filed by the Wisconsin Institute for Law & Liberty In June, WILL named Sheybogan Falls resident Travis Kobs as plaintiff and DNR Secretary Steven Little as defendant. WILL alleges in its lawsuit that Kobs is an avid sportsman with a permit to carry a firearm and that he wanted to carry his 9mm pistol for protection from wildlife while fishing this summer, but was afraid of running afoul of the law, which states:

“No person shall at any time possess or control any firearm, rifle or similar device while on any water, shore or coast which may be used for the purpose of fishing.”

WILL’s attorney Skylar Croy argued in the lawsuit that the DNR’s administrative regulations are “particularly broad” because technically any weapon power are used for fishing. He pointed out that while other states have reasonable rules prohibiting the actual use of a firearm to catch fish, Wisconsin’s law prohibiting the actual possession of a firearm by a fisherman goes too far — especially in light of the Open and Concealed Carry Laws which were adopted in 2011.

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Croy also argued that the rule is redundant and therefore unnecessary. Wisconsin Law prohibits all fishing “other than by hook and line, except as specifically authorized.”

There is an interesting history behind the law, though, and Croy provides some background on how it came about. He explains that until the 1960s, “fishermen would often shoot muskies with a small-caliber pistol while the muskie was on the hook, but before they reeled it in.” They did this primarily to avoid being cut by the fish’s sharp teeth. (This was also before catch-and-release fishing really took off, and fishermen rarely released muskies alive back then.)

“It was not uncommon to see a fisherman walking around with a weapon, almost as if it were an identification tag for his yacht,” Croy writes in the lawsuit, referring to amateur historian and fishing guide The book by John Dettloff about Louie Spray, a local legend in the field of muskellunge fishing.

Croy explains that the practice had fallen out of favor and was deemed unsportsmanlike by the Conservation Commission (the DNR’s predecessor) by 1965. The following year, the agency passed a rule prohibiting the use of firearms to catch fish. Croy says that in 1999, when the DNR revised and clarified its fishing regulations, the agency rewrote the 1966 “predecessor rule” into its current form.

The DNR has not contested WILL’s claims in the lawsuit. Sometime on or before July 22, Secretary Little the court was informed that he plans to repeal the law “as soon as possible and without delay.”

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In a statement shared with the Wisconsin Law Journal on July 24, a DNR spokesperson confirmed the upcoming change. They also acknowledged that while the law has been on the books since 1999, the agency has not enforced it since the state passed new gun laws surrounding open and concealed carry in 2011.

“The [court] The process has been stayed to allow the department to revoke the provision,” the spokesperson said. “It remains illegal to use a firearm, rifle or similar device to catch a fish … [and] The department will continue to enforce laws prohibiting unauthorized fishing practices.”