(The Center Square) – A new lawsuit is challenging Wisconsin rules that ban carrying guns near water.
The Wisconsin Institute for Law and Freedom filed the lawsuit earlier this week, arguing that a 1999 rule making it illegal to “possess or control a firearm, gun, or similar device at any time while on waters, shore, or beach that may be used for fishing purposes” goes too far.
Skylar Croy, Will’s deputy general counsel, said the original rules were enacted to prohibit fishermen from shooting muskfish to catch them on their boats.
But she said the Department of Natural Resources is expanding the rules, effectively banning firearms near lakes, rivers and other bodies of water.
“[Our client] “People have the right to exercise their constitutional rights without fear of unlawful enforcement. We call on the DNR to revise its administrative regulations to restore the individual liberties guaranteed by the Constitution,” Croy said.
Travis Cobbs, a Will client, said the rule means he won’t be able to carry his gun whenever he’s in a state park that has a lake, river or stream.
“I just want to have the ability to protect myself and carry a firearm responsibly, and I have been doing so legally in the state of Wisconsin for over six years,” Cobbs added.
“The Second Amendment is supposed to apply everywhere, so we hope that repealing this rule will protect the rights of Wisconsin athletes.”
Wisconsin allowed fishermen to shoot fish until 1966, when the predecessor to the DNR changed the rules.
However, in 1999, DNR regulations were expanded to not only prohibit the use of firearms while fishing, but also the possession of firearms.
“Until 1966, Wisconsinites could not only possess small caliber handguns near water, on shore or at the beach, but also use those guns to shoot fish,” the WILL lawsuit alleges.
“From 1966 to 1999, only the actual use of firearms for shooting fish was prohibited. Therefore, banning firearms in certain locations by administrative rule, even for self-defense, goes against the historical tradition of firearms regulation.”
The lawsuit calls the DNR’s gun laws a “late 20th century regulatory innovation” that “gives law enforcement officers ‘broad’ powers to arbitrarily stop or arrest anyone possessing a firearm near water for any reason.”
WILL is asking a Sheboygan County judge to strike down the DNR rule.
