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2023 - 2024 LEGISLATURE
2023 SENATE BILL 586
October 30, 2023 - Introduced by Senators STAFSHOLT, FELZKOWSKI and TOMCZYK,
cosponsored by Representatives TITTL, PLUMER, BROOKS, EDMING, GUSTAFSON,
MURPHY, MURSAU, RETTINGER, SCHMIDT, SORTWELL and VANDERMEER. Referred
to Committee on Financial Institutions and Sporting Heritage.
AN ACT to amend 29.016 (1) (b), 29.016 (2) (intro.), 29.053 (3), 29.089 (2) (intro.),
29.091 (1), 29.091 (2) (intro.), 29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182
(3) (b), 29.184 (3) (am), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185 (6) (b), 29.193 (2)
(cr) 4., 29.193 (2) (d), 29.211 (2), 29.311 (1), 29.312 (2), 29.314 (3) (a), 29.324 (1)
(b), 29.324 (1) (d), 29.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4) (intro.),
29.927 (6g), 29.971 (12), 66.0409 (1) (a), 167.31 (2) (c), 167.31 (2) (d), 167.31 (3)
(b), 167.31 (3m) (a), 167.31 (4) (a) (intro.), 167.31 (4) (am) 1., 167.31 (4) (at),
167.31 (4) (cg) (intro.), 167.31 (4) (cg) 4., 167.31 (4) (cg) 6., 167.31 (4) (e), 167.31
(4) (f), 167.31 (4) (fm) and 167.31 (4) (h) (intro.); and to create 29.001 (7), 29.014
(1u) and 167.31 (1) (am) of the statutes; relating to: hunting with an airgun,
providing an exemption from emergency rule procedures, granting
rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person may hunt a wild animal with an airgun in a season
open to hunting that animal with a firearm. “Airgun” is defined to mean a weapon
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SENATE BILL 586
originally manufactured to expel one or more metal projectiles by the expansion of
compressed air.
Under current law, the Department of Natural Resources is authorized to
establish open and closed seasons for the hunting of wild animals. DNR issues
hunting licenses that authorize the hunting of specified animals, and those licenses
specify the type of weapon that may be used when hunting under those licenses.
Under the bill, if DNR establishes an open season for hunting an animal with
a firearm, the season must also be open for hunting that animal with an airgun. The
bill also provides that each license that currently authorizes the hunting of an
animal with a firearm also authorizes the hunting of that animal with an airgun.
Current law generally prohibits discharging a firearm from a vehicle or
aircraft, across a highway, within 50 feet of a highway, and in the direction of a
transmission facility. The bill expands these prohibitions to include discharging an
airgun.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 29.001 (7) of the statutes is created to read:
29.001 (7) “Airgun” means a weapon originally manufactured to expel one or
more metal projectiles by the expansion of compressed air.
SECTION 2. 29.014 (1u) of the statutes is created to read:
29.014 (1u) (a) If the department establishes an open season for hunting an
animal with a firearm, the season shall also be open for hunting that animal with an
airgun.
(b) The department may promulgate rules limiting the types of airguns that
may be used to hunt specific species during particular hunting seasons. If the
department promulgates rules under this paragraph, the department shall allow the
use of airguns and airgun ammunition that are similar to permitted firearms and
firearm ammunition with regards to effectiveness for hunting.
SECTION 3. 29.016 (1) (b) of the statutes is amended to read:
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SECTION 3
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29.016 (1) (b) Except as provided in subs. (2) and (3), establish a fall open
season for hunting deer with firearms and airguns that begins before the Saturday
immediately preceding the 4th Thursday in November.
SECTION 4. 29.016 (2) (intro.) of the statutes is amended to read:
29.016 (2) (intro.) Subsection (1) (b) does not prohibit the department from
promulgating a rule that establishes a fall open season for hunting deer with
firearms and airguns that begins before the Saturday immediately preceding the 4th
Thursday in November if any of the following applies:
SECTION 5. 29.053 (3) of the statutes is amended to read:
29.053 (3) The department may modify any requirement of this chapter or
rules promulgated under it, establish special seasons, authorize the use of special
equipment or take any other action in order to provide additional hunting and fishing
opportunities for persons who are physically disabled or visually handicapped. The
department may limit the number of persons involved, except that if the department
establishes a special season for hunting deer with firearms and airguns for persons
who are physically disabled, the season shall be open to persons who have been
issued a Class D permit under s. 29.193 (2).
SECTION 6. 29.089 (2) (intro.) of the statutes is amended to read:
29.089 (2) (intro.) No person may have in his or her possession or under his or
her control a firearm or airgun on land located in state fish hatcheries unless the
firearm or airgun is unloaded and enclosed within a carrying case. This subsection
does not apply to any of the following:
SECTION 7. 29.091 (1) of the statutes is amended to read:
29.091 (1) No person may hunt or trap within any wildlife refuge established
under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
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SECTION 7 SENATE BILL 586
or control of any gun, firearm, airgun, bow, or crossbow unless the gun or, firearm,
or airgun is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,
bow, or crossbow is enclosed within a carrying case. The taking of predatory game
birds and animals shall be done as the department directs. All state wildlife refuge
boundary lines shall be marked by posts placed at intervals of not over 500 feet and
bearing signs with the words “Wisconsin Wildlife Refuge".
SECTION 8. 29.091 (2) (intro.) of the statutes is amended to read:
29.091 (2) (intro.) The prohibition in sub. (1), as it relates to the possession or
control of a loaded or unencased gun or, firearm, or airgun within a refuge
established under s. 23.09 (2) (b), does not apply to any of the following:
SECTION 9. 29.164 (2) (b) of the statutes is amended to read:
29.164 (2) (b) Type of hunting authorized. A license issued under this section
authorizes hunting with a firearm, airgun, bow and arrow, or crossbow.
SECTION 10. 29.173 (2) (a) of the statutes is amended to read:
29.173 (2) (a) A resident deer hunting license authorizes the hunting of deer
with a firearm, airgun, bow and arrow, or crossbow.
SECTION 11. 29.182 (3) (a) of the statutes is amended to read:
29.182 (3) (a) A resident elk hunting license authorizes a resident of this state
to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
SECTION 12. 29.182 (3) (b) of the statutes is amended to read:
29.182 (3) (b) A nonresident elk hunting license authorizes a nonresident of
this state to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
SECTION 13. 29.184 (3) (am) of the statutes is amended to read:
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SECTION 13
SENATE BILL 586
29.184 (3) (am) Evidence of bear hunting. The fact that a person is observing
a bear while possessing a firearm or airgun is not sufficient evidence to prove that
the person holding the firearm or airgun is hunting bear.
SECTION 14. 29.184 (3) (c) of the statutes is amended to read:
29.184 (3) (c) Type of hunting authorized. A Class A bear license authorizes
hunting with a firearm, airgun, bow and arrow, or crossbow.
SECTION 15. 29.185 (6) (a) 1. of the statutes is amended to read:
29.185 (6) (a) 1. A firearm or airgun, as authorized under par. (b), a bow and
arrow, or a crossbow.
SECTION 16. 29.185 (6) (b) of the statutes is amended to read:
29.185 (6) (b) Firearms and ammunition. A wolf harvesting license authorizes
hunting with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs
or shotshells, an airgun, and any other firearm that is loaded with a single slug or
ball. A wolf harvesting license authorizes hunting with shot that is larger than size
BB.
SECTION 17. 29.193 (2) (cr) 4. of the statutes is amended to read:
29.193 (2) (cr) 4. A person holding a current resident or nonresident deer
hunting license and a Class D permit may hunt deer of either sex with a firearm or
airgun only during a special season established by the department that is open for
hunting deer with firearms by disabled persons who hold a permit under this section.
SECTION 18. 29.193 (2) (d) of the statutes is amended to read:
29.193 (2) (d) Assistance. 1. A holder of a Class A or Class B permit may be
accompanied by a person who is not eligible to apply for a Class A or Class B permit.
The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
unless that person has been issued the appropriate approval to do so. The assistance
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SECTION 18 SENATE BILL 586
rendered by an accompanying person who has not been issued the appropriate
approval is limited to field dressing, tagging, and retrieving game for the permit
holder.
2. A holder of a Class C permit shall be accompanied by a person who is not
eligible to apply for a permit under this section. The accompanying person may not
hunt or carry a firearm, airgun, bow, or crossbow unless the person has been issued
the appropriate approval to do so. The assistance rendered by an accompanying
person may include sighting the firearm, airgun, bow, or crossbow, identifying the
game, and field dressing, tagging, and retrieving game for the permit holder.
3. A holder of a Class D permit may use an adaptive device, as authorized by
the department by rule, to facilitate the use of a firearm or an airgun and may be
accompanied by a person who is not eligible to apply for a permit under this section.
The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
unless that person has been issued the appropriate approval to do so. The assistance
rendered by an accompanying person who has not been issued the appropriate
approval is limited to field dressing, tagging, and retrieving game for the permit
holder and any other assistance authorized by the department by rule.
SECTION 19. 29.211 (2) of the statutes is amended to read:
29.211 (2) AUTHORIZATION. A nonresident deer hunting license authorizes the
hunting of deer with a firearm, airgun, bow and arrow, or crossbow.
SECTION 20. 29.311 (1) of the statutes is amended to read:
29.311 (1) No person may hunt waterfowl or coots with any firearm or airgun
using any shotshell classified by the federal government as toxic or harmful to
wildlife or the environment.
SECTION 21. 29.312 (2) of the statutes is amended to read:
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SECTION 21
SENATE BILL 586
29.312 (2) The department may not promulgate or enforce a rule that prohibits
a person from sighting a firearm or airgun on land owned or leased by that person
or a member of that person's immediate family during the 24-hour period prior to
the opening date for hunting deer with firearms in any area where there is an open
season for hunting deer with firearms.
SECTION 22. 29.314 (3) (a) of the statutes is amended to read:
29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
possession of a firearm, airgun, bow and arrow, or crossbow.
SECTION 23. 29.324 (1) (b) of the statutes is amended to read:
29.324 (1) (b) “Group deer hunting party" means 2 or more hunters hunting in
a group all using firearms or airguns, each of whom holds an individual license to
hunt deer.
SECTION 24. 29.324 (1) (d) of the statutes is amended to read:
29.324 (1) (d) “Youth deer license" means a license that is issued by the
department to a person who is under the age of 18 and that authorizes the hunting
of deer with a firearm or airgun.
SECTION 25. 29.341 (1) of the statutes is amended to read:
29.341 (1) Any person who, while hunting any wild animal or bird, discharges
a firearm, airgun, or arrow, and by that discharge injures or kills another person,
shall immediately give his or her name and address to the injured person, render
assistance to the injured person and obtain immediate medical or hospital care for
the injured person, and immediately report the injury or death to the sheriff or police
of the locality in which the shooting took place.
SECTION 26. 29.345 of the statutes is amended to read:
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SECTION 26 SENATE BILL 586
29.345 Hunting, fishing or trapping accident; failure to report. (1)
Every person who has caused or been involved in an accident in which a person has
been injured by discharge of a firearm, airgun, or arrow while hunting, fishing, or
trapping, or inflicted an injury upon himself or herself with a firearm, airgun, or with
an arrow while hunting, fishing, or trapping, shall render a report to the department
at any of its field offices within 10 days after the injury unless the person is physically
incapable of making the required report, in which event the person or persons
involved in the accident shall designate an agent to file the report within the
specified time.
(2) Any person who is involved in an accident with a firearm, airgun, or arrow
while hunting, fishing, or trapping, and who fails to submit the report required by
this section, shall forfeit not more than $50. In addition, the court may revoke any
license issued to the person under this chapter and may further provide that no
license shall be issued to the person under this chapter for a fixed period of time
specified by the court.
SECTION 27. 29.592 (1) (intro.) of the statutes is amended to read:
29.592 (1) (intro.) A person may hunt in this state without obtaining a
certificate of accomplishment under s. 29.591 and may, while hunting, possess or
control a firearm or an airgun if all of the following apply:
SECTION 28. 29.621 (4) (intro.) of the statutes is amended to read:
29.621 (4) PROTECTION. (intro.) Except as provided in s. 29.091 (1), no owner
of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
any wildlife refuge or have in his or her possession or under his or her control in the
wildlife refuge a gun, firearm, airgun, bow, or crossbow, unless the gun or, firearm,
or airgun is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,
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SECTION 28
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bow, or crossbow is enclosed within a carrying case. This subsection, as it relates to
the possession or control of a loaded or unencased firearm or airgun, does not apply
to any of the following:
SECTION 29. 29.927 (6g) of the statutes is amended to read:
29.927 (6g) Any lamp, light, gun, firearm, airgun, ammunition, bow, crossbow,
bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated
under s. 167.31.
SECTION 30. 29.971 (12) of the statutes is amended to read:
29.971 (12) In addition to any other penalty for violation of this chapter or any
department order made under this chapter, the court may revoke any or all approvals
granted under this chapter for a period of up to 3 years. If a person is convicted of
reckless or highly negligent conduct in the operation or handling of a firearm, airgun,
or bow and arrow in violation of s. 940.08, 940.24, or 941.20 and either death or bodily
harm to another results from that violation, the court shall revoke every approval
issued to that person under this chapter and shall provide a fixed period during
which no new approval may be issued to the person. If no death or bodily harm to
another results from the violation, the court may revoke any approval issued to that
person under this chapter and may provide a fixed period during which no new
approval may be issued to the person.
SECTION 31. 66.0409 (1) (a) of the statutes is amended to read:
66.0409 (1) (a) “Firearm" has the meaning given in s. 167.31 (1) (c) and includes
an airgun, as defined in s. 29.001 (7).
SECTION 32. 167.31 (1) (am) of the statutes is created to read:
167.31 (1) (am) “Airgun” has the meaning given in s. 29.001 (7).
SECTION 33. 167.31 (2) (c) of the statutes is amended to read:
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SECTION 33 SENATE BILL 586
167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other
than a handgun, in a vehicle or discharge a firearm or airgun or shoot a bolt or an
arrow from a bow or crossbow in or from a vehicle.
SECTION 34. 167.31 (2) (d) of the statutes is amended to read:
167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), and (g), no
person may discharge a firearm or airgun or shoot a bolt or an arrow from a bow or
crossbow from or across a highway or within 50 feet of the center of a roadway.
SECTION 35. 167.31 (3) (b) of the statutes is amended to read:
167.31 (3) (b) Except as provided in sub. (4), no person may load or discharge
a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow in or from an
aircraft.
SECTION 36. 167.31 (3m) (a) of the statutes is amended to read:
167.31 (3m) (a) Except as provided in sub. (4) (b) and (h), no person may
intentionally discharge a firearm or airgun in the direction of a transmission facility.
SECTION 37. 167.31 (4) (a) (intro.) of the statutes is amended to read:
167.31 (4) (a) (intro.) Subsections (2) and (3) do not apply to any of the following
who, in the line of duty, place, possess, transport, load or discharge a firearm or
airgun in, on or from a vehicle, motorboat or aircraft or discharge a firearm or airgun
from or across a highway or within 50 feet of the center of a roadway:
SECTION 38. 167.31 (4) (am) 1. of the statutes is amended to read:
167.31 (4) (am) 1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply
to a peace officer who, in the line of duty, loads or discharges a firearm or airgun in,
on or from a vehicle, motorboat or aircraft or discharges a firearm or airgun from or
across a highway or within 50 feet of the center of a roadway.
SECTION 39. 167.31 (4) (at) of the statutes is amended to read:
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SECTION 39
SENATE BILL 586
167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b) do not apply to the
discharge of a firearm or airgun if the actor's conduct is justified or, had it been
subject to a criminal penalty, would have been subject to a defense described in s.
939.45.
SECTION 40. 167.31 (4) (cg) (intro.) of the statutes is amended to read:
167.31 (4) (cg) (intro.) A holder of a Class A or Class B permit under s. 29.193
(2) who is hunting from a stationary vehicle may load and discharge a firearm or
airgun or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of
the following apply:
SECTION 41. 167.31 (4) (cg) 4. of the statutes is amended to read:
167.31 (4) (cg) 4. The holder of the permit has obtained permission from any
person who is the owner or lessee of private property across or on to which the holder
of the permit intends to discharge a firearm or airgun or shoot a bolt or an arrow.
SECTION 42. 167.31 (4) (cg) 6. of the statutes is amended to read:
167.31 (4) (cg) 6. The holder of the permit discharges the firearm or airgun or
shoots the bolt or arrow away from and not across or parallel to the roadway.
SECTION 43. 167.31 (4) (e) of the statutes is amended to read:
167.31 (4) (e) Subsection (2) (d) does not apply to a person who is legally
hunting small game with a muzzle-loading firearm or with a shotgun firearm or
airgun loaded with shotshell or chilled shot number BB or smaller, if the surface of
the highway or roadway is anything other than concrete or blacktop.
SECTION 44. 167.31 (4) (f) of the statutes is amended to read:
167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a
loaded firearm or airgun within 50 feet of the center of a roadway if the person does
not violate sub. (2) (b) or (c).
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SECTION 45 SENATE BILL 586
SECTION 45. 167.31 (4) (fm) of the statutes is amended to read:
167.31 (4) (fm) Subsection (2) (d) does not prohibit the department of natural
resources, acting under s. 29.885, or an agent of a city, village, town, or county
authorized by the department of natural resources under s. 29.885 from discharging
a firearm or airgun within 50 feet of the center of a roadway in order to dispose of a
beaver or muskrat that is causing damage to a highway in which the roadway is
located if the discharge does not pose a risk to public safety.
SECTION 46. 167.31 (4) (h) (intro.) of the statutes is amended to read:
167.31 (4) (h) (intro.) Subsection (3m) does not apply to any of the following who
discharge a firearm or airgun in the direction of a transmission facility:
SECTION 47.0Nonstatutory provisions.
(1) The department of natural resources may use the procedure under s. 227.24
to promulgate emergency rules under s. 29.014 (1u) (b) for the period before the date
on which permanent rules under s. 29.014 (1u) (b) take effect. Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in
effect until the permanent rules take effect. Notwithstanding s. 227.24 (1) (a) and
(3), the department of natural resources is not required to provide evidence that
promulgating rules under this subsection as emergency rules is necessary for the
preservation of the public peace, health, safety, or welfare and is not required to
provide a finding of emergency for rules promulgated under this subsection.
(END)
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