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

E

E6chevron

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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:
Click to expand...

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/statutes/statutes/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.
Click to expand...

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:
MKEgal

MKEgal

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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. :rolleyes:
 
E

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
MKEgal said:
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. :rolleyes:
Click to expand...

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:
Click to expand...

The changes effective Jan. 1, 2013 from 11ACT168 do not affect:

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

OR

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

OR

https://docs.legis.wisconsin.gov/statutes/statutes/943/II/13
943.13(1m)(c)4. (notification/posting buildings of state or governmental units)
 
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M

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.
 
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