That’s the question raised in Wisconsin as gun rights advocates mounted a legal challenge against a 25-year-old regulation that few knew was in effect. The state’s considerable population of angling enthusiasts was prohibited from carrying a firearm while enjoying the great outdoors, and few had any idea.
The Wisconsin Department of Natural Resources (DNR) maintained the ban for a quarter of a century, even though the reasoning is difficult to follow.
The DNR enacted the rule in 1999, but the agency said it was not currently enforced.
Spokesperson Molly Meister wrote in an email, “Since the adoption of Wisconsin’s conceal and carry law, the department has not enforced the provision of Wisconsin’s administrative code that prohibits the possession or control of firearms, guns or similar devices that might be used for fishing while on any water, bank or shore.”
There are obviously dangerous reasons why shooting at a fish is a bad idea. The state instituted restrictions on how its substantial marine population could be harvested, and rightfully so.
However, these went far beyond logic and reason. Officials prohibited anglers from possessing any weapon which “might be used for the purpose of fishing.”
There is no word on specific instances of fishermen resorting to firing at their targets, but apparently, it was once an issue. Many decades ago, it was not unheard of to use a weapon to incapacitate a fish while reeling them in.
The rule’s wording effectively banned the possession of all firearms by those enjoying fishing. This meant that law-abiding anglers could not exercise their fundamental right to self-defense in a setting where that freedom could become critical.
Understand that several states ban the shooting of fish. However, Second Amendment advocates correctly argued that Wisconsin’s rule went far beyond the logical restrictions enacted by others and into uncharted territory.
It is a wonder that it took 25 years to overturn such an ill-conceived regulation.
That misguided rule is history, and people may exercise their Second Amendment rights as they look for the next big catch.
The Wisconsin Institute for Law and Liberty (WILL) spearheaded the legal challenge. Associate counsel Skylar Croy released a statement after the state rescinded the regulation celebrating the victory. “This action by the DNR properly restores the liberties provided by our Constitution to our client and thousands of Wisconsin fishermen.”
Croy added that the state’s sizeable sporting population may once again exercise their fundamental rights without facing punishment for doing so. Penalties included fines of over $500 when court costs were added.
The WILL challenge to the regulation was brought on behalf of sportsman Travis Kobs, who merely sought to be able to defend himself through legal means while fishing. He noted that he spends much time outdoors and now, thanks to the successful legal effort, he can practice armed self-defense.
Kobs expressed his gratitude for the organization’s intervention. “Because of this effort, I can now lawfully protect myself by carrying a firearm while out on the water, fishing, boating and camping.”
Under the court agreement, the DNR will use an expedited appeals process to rescind the rule. Also, Kobs will voluntarily dismiss his lawsuit against the state.
The plaintiff noted that the state was being “reasonable” and acknowledged “that there’s a Second Amendment issue here and that is not something they want to spend a bunch of taxpayer money fighting.”
Kobs is a concealed carry permit holder, and though he never received a DNR citation for possessing a weapon while fishing, Croy declared that it is essential that he can exercise his right to defend himself.
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