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LRB-0484/1
ZDW:amn
2021 - 2022 LEGISLATURE
January 18, 2022 - Introduced by Representatives Tittl, Milroy, Armstrong and
Skowronski. Referred to Committee on Sporting Heritage.
AB872,1,10 1An Act to amend 29.016 (1) (b), 29.016 (2) (intro.), 29.053 (3), 29.089 (2) (intro.),
229.091 (1), 29.091 (2) (intro.), 29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182
3(3) (b), 29.184 (3) (am), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185 (6) (b), 29.193 (2)
4(cr) 4., 29.193 (2) (d), 29.211 (2), 29.304 (title), 29.311 (1), 29.312 (2), 29.314 (3)
5(a), 29.314 (3) (b) 4., 29.314 (4) (a), 29.314 (4) (b) 4., 29.324 (1) (b), 29.324 (1) (d),
629.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4) (intro.), 29.927 (6g), 29.971 (12)
7and 66.0409 (1) (a); and to create 29.001 (5), 29.001 (7), 29.014 (1u), 29.304 (6)
8and 29.314 (6m) of the statutes; relating to: hunting with an airgun, providing
9an exemption from emergency rule procedures, granting rule-making
10authority, 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. The bill defines “airgun” as a weapon
originally manufactured to expel one or more projectiles by the expansion of
compressed air, including an airbow. “Airbow” is defined as a weapon originally
designed to fire an arrow 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.
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:
AB872,1 1Section 1 . 29.001 (5) of the statutes is created to read:
AB872,2,32 29.001 (5) “Airbow” means a weapon originally designed to fire an arrow by the
3expansion of compressed air.
AB872,2 4Section 2 . 29.001 (7) of the statutes is created to read:
AB872,2,65 29.001 (7) “Airgun” means a weapon originally manufactured to expel one or
6more projectiles by the expansion of compressed air. “Airgun” includes an airbow.
AB872,3 7Section 3 . 29.014 (1u) of the statutes is created to read:
AB872,2,108 29.014 (1u) (a) If the department establishes an open season for hunting an
9animal with a firearm, the season shall also be open for hunting that animal with an
10airgun.
AB872,2,1511 (b) The department may promulgate rules limiting the types of airguns that
12may be used to hunt specific species during particular hunting seasons. If the
13department promulgates rules under this paragraph, the department shall allow the
14use of airguns and airgun ammunition that are similar to permitted firearms and
15firearm ammunition with regards to effectiveness for hunting.
AB872,4 16Section 4 . 29.016 (1) (b) of the statutes is amended to read:
AB872,3,3
129.016 (1) (b) Except as provided in subs. (2) and (3), establish a fall open
2season for hunting deer with firearms and airguns that begins before the Saturday
3immediately preceding the 4th Thursday in November.
AB872,5 4Section 5 . 29.016 (2) (intro.) of the statutes is amended to read:
AB872,3,85 29.016 (2) (intro.) Subsection (1) (b) does not prohibit the department from
6promulgating a rule that establishes a fall open season for hunting deer with
7firearms and airguns that begins before the Saturday immediately preceding the 4th
8Thursday in November if any of the following applies:
AB872,6 9Section 6 . 29.053 (3) of the statutes is amended to read:
AB872,3,1710 29.053 (3) The department may modify any requirement of this chapter or
11rules promulgated under it, establish special seasons, authorize the use of special
12equipment or take any other action in order to provide additional hunting and fishing
13opportunities for persons who are physically disabled or visually handicapped. The
14department may limit the number of persons involved, except that if the department
15establishes a special season for hunting deer with firearms and airguns for persons
16who are physically disabled, the season shall be open to persons who have been
17issued a Class D permit under s. 29.193 (2).
AB872,7 18Section 7 . 29.089 (2) (intro.) of the statutes is amended to read:
AB872,3,2219 29.089 (2) (intro.) No person may have in his or her possession or under his or
20her control a firearm or airgun on land located in state fish hatcheries unless the
21firearm or airgun is unloaded and enclosed within a carrying case. This subsection
22does not apply to any of the following:
AB872,8 23Section 8 . 29.091 (1) of the statutes is amended to read:
AB872,4,624 29.091 (1) No person may hunt or trap within any wildlife refuge established
25under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession

1or control of any gun, firearm, airgun, bow, or crossbow unless the gun or , firearm,
2or airgun
is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,
3bow, or crossbow is enclosed within a carrying case. The taking of predatory game
4birds and animals shall be done as the department directs. All state wildlife refuge
5boundary lines shall be marked by posts placed at intervals of not over 500 feet and
6bearing signs with the words “Wisconsin Wildlife Refuge".
AB872,9 7Section 9 . 29.091 (2) (intro.) of the statutes is amended to read:
AB872,4,108 29.091 (2) (intro.) The prohibition in sub. (1), as it relates to the possession or
9control of a loaded or unencased gun or, firearm, or airgun within a refuge
10established under s. 23.09 (2) (b), does not apply to any of the following:
AB872,10 11Section 10 . 29.164 (2) (b) of the statutes is amended to read:
AB872,4,1312 29.164 (2) (b) Type of hunting authorized. A license issued under this section
13authorizes hunting with a firearm, airgun, bow and arrow, or crossbow.
AB872,11 14Section 11. 29.173 (2) (a) of the statutes is amended to read:
AB872,4,1615 29.173 (2) (a) A resident deer hunting license authorizes the hunting of deer
16with a firearm, airgun, bow and arrow, or crossbow.
AB872,12 17Section 12 . 29.182 (3) (a) of the statutes is amended to read:
AB872,4,1918 29.182 (3) (a) A resident elk hunting license authorizes a resident of this state
19to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
AB872,13 20Section 13 . 29.182 (3) (b) of the statutes is amended to read:
AB872,4,2221 29.182 (3) (b) A nonresident elk hunting license authorizes a nonresident of
22this state to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
AB872,14 23Section 14 . 29.184 (3) (am) of the statutes is amended to read:
AB872,5,3
129.184 (3) (am) Evidence of bear hunting. The fact that a person is observing
2a bear while possessing a firearm or airgun is not sufficient evidence to prove that
3the person holding the firearm or airgun is hunting bear.
AB872,15 4Section 15 . 29.184 (3) (c) of the statutes is amended to read:
AB872,5,65 29.184 (3) (c) Type of hunting authorized. A Class A bear license authorizes
6hunting with a firearm, airgun, bow and arrow, or crossbow.
AB872,16 7Section 16 . 29.185 (6) (a) 1. of the statutes is amended to read:
AB872,5,98 29.185 (6) (a) 1. A firearm or airgun, as authorized under par. (b), a bow and
9arrow, or a crossbow.
AB872,17 10Section 17 . 29.185 (6) (b) of the statutes is amended to read:
AB872,5,1511 29.185 (6) (b) Firearms and ammunition. A wolf harvesting license authorizes
12hunting with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs
13or shotshells, an airgun, and any other firearm that is loaded with a single slug or
14ball. A wolf harvesting license authorizes hunting with shot that is larger than size
15BB.
AB872,18 16Section 18 . 29.193 (2) (cr) 4. of the statutes is amended to read:
AB872,5,2017 29.193 (2) (cr) 4. A person holding a current resident or nonresident deer
18hunting license and a Class D permit may hunt deer of either sex with a firearm or
19airgun
only during a special season established by the department that is open for
20hunting deer with firearms by disabled persons who hold a permit under this section.
AB872,19 21Section 19 . 29.193 (2) (d) of the statutes is amended to read:
AB872,6,322 29.193 (2) (d) Assistance. 1. A holder of a Class A or Class B permit may be
23accompanied by a person who is not eligible to apply for a Class A or Class B permit.
24The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
25unless that person has been issued the appropriate approval to do so. The assistance

1rendered by an accompanying person who has not been issued the appropriate
2approval is limited to field dressing, tagging, and retrieving game for the permit
3holder.
AB872,6,94 2. A holder of a Class C permit shall be accompanied by a person who is not
5eligible to apply for a permit under this section. The accompanying person may not
6hunt or carry a firearm, airgun, bow, or crossbow unless the person has been issued
7the appropriate approval to do so. The assistance rendered by an accompanying
8person may include sighting the firearm, airgun, bow, or crossbow, identifying the
9game, and field dressing, tagging, and retrieving game for the permit holder.
AB872,6,1710 3. A holder of a Class D permit may use an adaptive device, as authorized by
11the department by rule, to facilitate the use of a firearm or an airgun and may be
12accompanied by a person who is not eligible to apply for a permit under this section.
13The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
14unless that person has been issued the appropriate approval to do so. The assistance
15rendered by an accompanying person who has not been issued the appropriate
16approval is limited to field dressing, tagging, and retrieving game for the permit
17holder and any other assistance authorized by the department by rule.
AB872,20 18Section 20. 29.211 (2) of the statutes is amended to read:
AB872,6,2019 29.211 (2) Authorization. A nonresident deer hunting license authorizes the
20hunting of deer with a firearm, airgun, bow and arrow, or crossbow.
AB872,21 21Section 21 . 29.304 (title) of the statutes is amended to read:
AB872,6,23 2229.304 (title) Restrictions on hunting and use of firearms and airguns
23by persons under 16 years of age.
AB872,22 24Section 22 . 29.304 (6) of the statutes is created to read:
AB872,7,2
129.304 (6) Rules. The department may promulgate rules specifying the types
2of airguns to which this section applies.
AB872,23 3Section 23 . 29.311 (1) of the statutes, as affected by 2021 Wisconsin Act 16,
4is amended to read:
AB872,7,75 29.311 (1) No person may hunt waterfowl or coots with any firearm or airgun
6using any shotshell classified by the federal government as toxic or harmful to
7wildlife or the environment.
AB872,24 8Section 24. 29.312 (2) of the statutes is amended to read:
AB872,7,139 29.312 (2) The department may not promulgate or enforce a rule that prohibits
10a person from sighting a firearm or airgun on land owned or leased by that person
11or a member of that person's immediate family during the 24-hour period prior to
12the opening date for hunting deer with firearms in any area where there is an open
13season for hunting deer with firearms.
AB872,25 14Section 25. 29.314 (3) (a) of the statutes is amended to read:
AB872,7,1715 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
16light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
17possession of a firearm, airgun, bow and arrow, or crossbow.
AB872,26 18Section 26 . 29.314 (3) (b) 4. of the statutes is amended to read:
AB872,7,2119 29.314 (3) (b) 4. To the holder of a Class C permit issued under s. 29.193 (2) (c)
204. who uses a laser sighting device while hunting with a firearm, airgun, bow and
21arrow, or crossbow.
AB872,27 22Section 27. 29.314 (4) (a) of the statutes is amended to read:
AB872,7,2523 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a
24light for shining wild animals while the person is hunting or in possession of a
25firearm, airgun, bow and arrow, or crossbow.
AB872,28
1Section 28. 29.314 (4) (b) 4. of the statutes is amended to read:
AB872,8,42 29.314 (4) (b) 4. To the holder of a Class C permit issued under s. 29.193 (2) (c)
34. who uses a laser sighting device while hunting with a firearm, airgun, bow and
4arrow, or crossbow.
AB872,29 5Section 29 . 29.314 (6m) of the statutes is created to read:
AB872,8,76 29.314 (6m) Rules. The department may promulgate rules specifying the
7types of airguns to which the general restrictions under subs. (3) (a) and (4) (a) apply.
AB872,30 8Section 30. 29.324 (1) (b) of the statutes is amended to read:
AB872,8,119 29.324 (1) (b) “Group deer hunting party" means 2 or more hunters hunting in
10a group all using firearms or airguns, each of whom holds an individual license to
11hunt deer.
AB872,31 12Section 31. 29.324 (1) (d) of the statutes is amended to read:
AB872,8,1513 29.324 (1) (d) “Youth deer license" means a license that is issued by the
14department to a person who is under the age of 18 and that authorizes the hunting
15of deer with a firearm or airgun.
AB872,32 16Section 32 . 29.341 (1) of the statutes is amended to read:
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