Date of enactment:
2023 Senate Bill 586 Date of publication*:
2023 WISCONSIN ACT
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.
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 man-
ufactured 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 depart-
ment promulgates rules under this paragraph, the depart-
ment shall allow the use of airguns and airgun ammuni-
tion 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:
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 pro-
hibit the department from promulgating a rule that estab-
lishes 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 fol-
lowing applies:
SECTION 5. 29.053 (3) of the statutes is amended to
read:
29.053 (3) The department may modify any require-
ment of this chapter or rules promulgated under it, estab-
lish special seasons, authorize the use of special equip-
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 586
ment 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 spe-
cial 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 pos-
session 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 unen-
cased gun or, firearm, or airgun within a refuge estab-
lished 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 autho-
rizes 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 autho-
rizes a resident of this state to hunt elk with a firearm, air-
gun, 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:
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 muz-
zle−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 assist-
ance 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 per-
son 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, − 3 − 2023 Wisconsin Act 2023 Senate Bill 586
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 facili-
tate the use of a firearm or an airgun and may be accompa-
nied 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 lim-
ited 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 hunt-
ing 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:
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 cross-
bow.
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:
29.345 Hunting, fishing or trapping accident; fail-
ure 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 trap-
ping, 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, bow, or crossbow
is enclosed within a carrying case. This subsection, as it
relates to the possession or control of a loaded or unen-
cased firearm or airgun, does not apply to any of the fol-
lowing:
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 viola- − 4 −2023 Wisconsin Act 2023 Senate Bill 586
tion 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 viola-
tion 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:
167.31 (2) (c) Except as provided in sub. (4), no per-
son 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, as affected
by 2023 Wisconsin Act 51, is amended to read:
167.31 (2) (d) Except as provided in sub. (4) (a), (bg),
(cg), (e), (fm), (g), and (k), 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 per-
son may load or discharge a firearm or airgun or shoot a
bolt or an arrow from a bow or crossbow in or from an air-
craft.
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:
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 any-
thing 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). − 5 − 2023 Wisconsin Act 2023 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 emer-
gency rules is necessary for the preservation of the public
peace, health, safety, or welfare and is not required to pro-
vide a finding of emergency for rules promulgated under
this subsection.