2023 WISCONSIN ACT 115
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:
115,1Section 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.
115,2Section 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.
115,3Section 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.
115,4Section 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:
115,5Section 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).
115,6Section 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:
115,7Section 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 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”.
115,8Section 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:
115,9Section 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.
115,10Section 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.
115,11Section 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.
115,12Section 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.