Results 1 to 7 of 7

Thread: 11ACT168 drops 29.089 firearm restrictions on state park land Jan. 1, 2013

  1. #1
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542

    11ACT168 drops 29.089 firearm restrictions on state park land Jan. 1, 2013

    Enjoy the ad, then read the next post.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  2. #2
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542
    2011 Assembly Bill 311 / 2011 Wisconsin Act 168
    Enacted April 2, 2012. Published April 16, 2012

    https://docs.legis.wisconsin.gov/2011/related/acts/168

    This act made changes to a lot of Hunting, fishing and trapping statutes. This included changes to WI Statute 29.089 "Hunting, fishing and trapping on land in state parks and state fish hatcheries."

    The change that is of great interest to me is this Section which drops "state parks" from the firearm restrictions in this statute:

    SECTION 11. 29.089 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 35, is amended to read:

    29.089 (2) (intro.) [Strikethru/deleted:] Except as provided in sub. (3), no No person may have in his or her possession or under his or her control a firearm on land located in [Strikethru/deleted:] state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:
    Also, the changes to Statute 29.089 take effect on Jan. 1, 2013, BUT the effective date for the rest of 11 Act 168 is April 17, 2012.

    -------------

    https://docs.legis.wisconsin.gov/sta...utes/29/II/089

    Here is Statute 29.089 with the Jan. 1, 2013 effective changes from 11 Act 168 merged in with the current statute.


    29.089 Hunting, fishing, and trapping on land in state parks and state fish hatcheries.

    (1) No person may hunt or trap on land located in state fish hatcheries.

    (1m) (a) Except as provided in par. (b), state parks shall be open to hunting, fishing, and trapping by persons who hold the appropriate approvals required under this chapter.

    (b) The department may prohibit hunting, fishing, or trapping in a state park or a portion of a state park if any of the following applies:

    1. The department prohibits hunting, fishing, or trapping within 100 yards of a designated use area.

    2. The natural resources board determines that prohibiting hunting, fishing, or trapping is necessary to protect public safety or to protect a unique animal or plant community. A determination to prohibit hunting, fishing, or trapping in a state park or a portion of a state park under this subdivision requires 4 or more members of the natural resources board to concur in that determination.

    (2) No person may have in his or her possession or under his or her control a firearm on land located in state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

    (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

    (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

    (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

    (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1) (bm).

    NOTE: This section is shown as affected eff. 1-1-13 by 2011 Wis. Act 168.

    ==============================

    Prior to 1-1-13 it reads:

    29.089 Hunting on land in state parks and state fish hatcheries.

    (1) Except as provided in sub. (3), no person may hunt or trap on land located in state parks or state fish hatcheries.

    (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

    (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

    (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23(1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

    (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

    (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1)(bm).

    (3) A person may hunt deer, elk, wild turkeys, or small game in a state park, or in a portion of a state park, if the department has authorized by rule the hunting of that type of game in the state park, or in the portion of the state park, and, except as provided in s. 29.063 (5), if the person holds the approvals required under this chapter for hunting that type of game.

    History: 1989 a. 214; 1997 a. 237; 1997 a. 248 s. 599; Stats. 1997 s. 29.089; 2001 a. 109; 2005 a. 286; 2011 a. 35, 168.
    Cross-reference: See also ss. NR 10.001 and 10.28, Wis. adm. code.
    Jan. 1st 2013, this statute will no longer prohibit firearms possession or control on land located in state parks. The statute in effect until then, only allows Wisconsin or Out-of-State licensees to possess or control handguns, no non-hunting possession of any firearms at all if you are not a licensee.
    Last edited by E6chevron; 07-16-2012 at 03:13 AM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  3. #3
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    I wonder if this will apply to everything in the park, so that the buildings will no longer be posted, & only require a license to go in buildings. Maybe that's why they need so long to implement what seems like a very simple change - they have to take down all those signs.

  4. #4
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,274
    Or, just use a Sharpie and write VOID across them. Cheap and to the point.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  5. #5
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542
    Quote Originally Posted by MKEgal View Post
    I wonder if this will apply to everything in the park, so that the buildings will no longer be posted, & only require a license to go in buildings. Maybe that's why they need so long to implement what seems like a very simple change - they have to take down all those signs.
    The state will have to take down some signs in state parks, but the current version of this statute only restricts firearms on land...

    29.089(2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:
    The changes effective Jan. 1, 2013 from 11ACT168 do not affect:

    https://docs.legis.wisconsin.gov/sta...utes/175/60/16
    175.60(16) (licensee prohibition from police stations, jails, mental health facilities, etc.)

    OR

    https://docs.legis.wisconsin.gov/sta...es/941/III/235
    941.235 “Carrying firearm in public building” (non licensee prohibition)

    OR

    https://docs.legis.wisconsin.gov/sta...utes/943/II/13
    943.13(1m)(c)4. (notification/posting buildings of state or governmental units)
    Last edited by E6chevron; 07-19-2012 at 08:50 PM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  6. #6
    McX
    Guest
    well, the parks will get safer, but i am always concerned about the fine print, i just hope they dont exclude the poo-poo shack, or something equally rediculous as they have in the past.

  7. #7
    Campaign Veteran
    Join Date
    Jul 2011
    Location
    West Bend, WI
    Posts
    308
    Quote Originally Posted by OC for ME View Post
    Or, just use a Sharpie and write VOID across them. Cheap and to the point.
    I can't handle the signs by me. I csm even provide my own Sharpie

    Sent from my DROID RAZR using Tapatalk 2

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •