Administrative Code Chapter NR 20.05 (2), Wis. Adm. Code 2025 Assembly Bill 16
Report to the Legislature
Ch. NR 20.05 (2)
The Joint Committee for Review of Administrative Rules
Produced pursuant to 227.26 (2) (g), Stats.
Administrative Code Chapter NR 20.05 (2), promulgated by the Wisconsin Department of Natural
Resources (DNR), relates to the possession and control of a firearm while fishing on the waters, banks, or
shores of the state.
Description of Problem
The Joint Committee for Review of Administrative Rules (JCRAR) held a publi c hearing on
Chapter NR 20.05 (2), Wis. Adm. Code, relating to the prohibition of possessing or controlling any
firearm, gun, or similar device that might be used for fishing while on the waters, banks, or shores of the
state, on December 17, 2024, at the request of the DNR because the provision is in conflict with state law
after passage of 2011 Wisconsin Act 35, more commonly known as Wisconsin’s concealed carry law.
The DNR requested JCRAR exercise its statutory authority to temporarily suspend NR 20.05 (2), Wis.
Adm. Code.
Arguments In Favor of Suspens ion
• DNR testified that passage of Wisconsin’s concealed carry law (2011 Wisconsin Act 35) put this code
provision in conflict with that state law, that it is unenforceable, and therefore, it should be suspended
and repealed. [Legislative Council agreed with the assessment that the provision was in conflict with
state law, as did another public interest law firm who testified at the hearing].
• It will remain unlawful to harvest fish using a firearm in Wisconsin, according to the DNR, because of
other existing code provisions prohibiting it. Suspension of NR 20.05 (2) will not change that.
• As part of a citizen’s litigation against this code provision, the DNR agreed to repeal the rule “as
soon as practicable and without delay.” That litigation was put on hold until January 1, 2025 to give
the DNR a chance to repeal it.
• The rule is also a violation of the Second Amendment to the United State Constitution, which
guarantees citizens lawful right to legally keep and bear arms.
Arguments Against Suspens ion
• No one testified against suspension of this rule provision at the public hearing.
• Committee member Senator Kelda Roys stated she opposed the suspension because it related to
firearms and there was a recent school shooting in Madison. [It should be noted that this code
section had absolutely no connection with that tragic event in any way, and a number of committee
members from both parties pointed that out at the hearing].
Action by Joint Committee for Review of Administrative Rules
On December 17, 2024, the Joint Committee for Review of Administrative Rules held an
executive session on Chapter NR 20.05 (2). The committee pas sed the following motion on a 7- 2 vote,
temporarily suspending the rule (YES: Nass, Neylon, Stroe bel, Bradley, Petersen, Conley, Baldeh; NO:
Roys. Larson ):
Moved, that the Joint Committee for Review of Administrative Rules, pursuant to s. 227.26 (2) (d),
Stats., suspend s. NR 20.05 (2), an administrative rule of the Department of Natural Resources
relating to possession and control of a firearm while fishing, on the grounds that the provision
conflicts with state law, and that there has been a change in circumstances since enactment of the
earliest law upon which the rule is based.
On December 17, 2024, the Joint Committee for Review of Administrative Rules voted 7- 2 (YES:
Nass, Neylon, Stroebel, Bradley, Petersen, Conley, Baldeh; NO: Roys. Larson) to introduce LRB-6262/1
and LRB-6261/1, which support the suspension of Ch. NR 20 .05 (2), Wis. Adm. Code, by the joint
committee. Pursuant to 227.26 (2) (j), the bills were not introduced during the 2023- 24 legislative
session, and need to be introduced in the next regular session of the legislature.
On January 29, 2025, the Joint Committee for Review of Administrative Rules voted 7- 3 (YES:
Nass, Neylon, Bradley, Tomczyk, Petersen, Spiros, Snodgrass; NO: Roys, Ratcliff, Arney) to introduce
LRB-1228/1 and L RB-0972/1, which support the suspension of Ch. NR 20.05 (2) , Wis. Adm. Code, by
the joint committee. The bills were introduced as Senate Bill 49 and Assembly Bill 16 in the 2025- 26
legislative session.
Passage of one of these bills in support of the JCRAR suspension would permanently repeal NR
20.05 (2).