DNR reply to allowing open carry in the woods 24 hours prior to deer season

Brass Magnet said:

You're really going to make me look at the plat?

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DC makes it VERY easy though.

http://map.co.door.wi.us/map/#

Wow

Big Dipper said:

DC makes it VERY easy though.

http://map.co.door.wi.us/map/#

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I wish Sauk county made it that easy. I'm pretty sure I have to go and buy a plat book or pay some sort of fee to view it on the web to get owners names. I can only view by parcel number otherwise; I think.

In talking to Senator Neal Kedzie today, I asked him about this and whether LEO or Wardens were exempted. He said that according to the strict interpretation of the law, there can legally be no loaded weapons in the state of WI the day before. He agreed it was stupid.

Another nonprofessional opinion. He is neither judge nor lawyer. Maybe there should be a poll.

Doug Huffman said:

He is neither judge nor lawyer. Maybe there should be a poll.

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While you are technically correct, he stated he was involved with changing the law so that the exception for sighting in a weapon at a gun range was allowed, so, he would at least know more about the intent than you and me.

paul@paul-fisher.com said:

While you are technically correct, he stated he was involved with changing the law so that the exception for sighting in a weapon at a gun range was allowed, so, he would at least know more about the intent than you and me.

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Legislative intent is used by jurists when there is a question in the interpretation of the law in a case in question. It sounds a bit like he is getting credit for writing admittedly bad law, admitted by him. But thank you for allowing me to be "technically correct".

Cobbersmom said:

In the wee morning hours before deer season I AM on public land sitting in my hunting area. I get there in the dark an hour or so before the season opens. Since I carry my rifle I am not without a weapon for defense. However, I usually go out the evening before to do last minute touch ups to my ground blind,

place my chair,

look for fresh sign and hang doe in heat scents around. This is when I am supposed to be unarmed. I'm not. Unless I want to sit on my couch and hunt out my patio door (BTDT), I need to get out into the woods where the animals are. Last year I hunted in a bears toilet. I'm not going to be out in the woods anywhere, anytime without a weapon for my protection.

CUT SOME GOOD STUFF HERE

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I'm wondering about your comment on placing a chair in the woods a day BEFORE the hunt? I've pasted the State and Federal rules about such activity below.

I have to say, that as a Hunter Safety Instructor, people that do these kinds of things and teach their children to also violate the rules as they stand, certainly are not welcome in "MY" woods, and would never pass a class I teach.

This is my 33rd year of hunting on public - State owned lands, and I have never place or left anything unnatural in MY woods.

:idea:
===============================================
State Owned - Managed Lands:
It is illegal to:

• build or use a ground blind or any elevated device unless it does not damage the
tree, and it is completely removed from the property each day at the close of hunting
hours. Except: Ground blinds constructed entirely of dead vegetation found on the property do not need to be removed at the end of each day; and blinds used for waterfowl hunting are also exempt from daily removal requirements.

Federal Lands:
It is illegal to:

• Construct permanent blinds out of man-made materials. Note: Portable blinds
constructed of man-made materials are allowed, but must be removed from the property each day at the close of hunting hours.

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

FMJ45 said:

• build or use a ground blind or any elevated device unless it does not damage the
tree, and it is completely removed from the property each day at the close of hunting
hours. Except: Ground blinds constructed entirely of dead vegetation found on the property do not need to be removed at the end of each day; and blinds used for waterfowl hunting are also exempt from daily removal requirements.

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As long as the blind is made entirely of dead vegetation found on the property I would argue that a chair is not a problem. It's a friggen chair. I mean REALLY, sometimes the would-be scofflaws are right to scoff.

If the legislative intent was to outlaw a chair on public land....... Nevermind, I'm not even going to extrapolate on that line of B.S.

paul@paul-fisher.com said:

He said that according to the strict interpretation of the law, there can legally be no loaded weapons in the state of WI the day before. He agreed it was stupid.

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This is an exaggeration. You are prohibited from OC only in those areas open to hunting during the 9 day season and only on land which is not your own except for an established target range. According to the Administrative Enforcement exception found in the little "rule" book, you also may carry on your own land so long as you can claim that you are out for "target practice" as it does not specify an established range on yor land. It is silly to claim that you are prohibited from carrying in your home.
NR10.09(2) only prohibits OC....

wherein there is an open season for deer with guns specified in s. NR 10.01 (3) (e),

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This excludes most all urban areas, etc....

Don't worry folks help is on the way Brah, Ha, Ha, Ha. It's not just the DNR. It's the DNR, Natural resources Board and the Conservation Congress. When they gang up they have turned a number of detractors into whimpering dogs.

http://www.weau.com/news/headlines/DNR_changes_coming.html?ref=393

Thanks. Don't miss the comments, particularly DNR != LEA

Driving the other day, my wife commented on a neighbor wearing his "don't shoot me" hat. That made me think of the similarities between GFSZ and blue-hairs wearing blayze-orange - "don't shoot me" hats. The hoplophobes around here are convinced that failure to wear blayze-orange is a death sentence.

Here is an extraction from the 2010 Deer regulations booklet.
"A hat (or other head covering), if worn, must be at least 50% blaze orange". Doesn't appear to be any requirement to wear a hat at all. In fact it appears one could hunt with a full head of brown or black hair and be legal. Cite: Page 21 of 2010 deer hunting booklet under Blaze orange reuirements.

LOL thanks, I was not confusing "don't shoot me" hats with the requirement for blayze-orange.

Doug:
I knew you weren't referring to blaze orange. Just thought I'd get my 2c in.

DNR lawsuit

I was contacted by Attorney Jim Manley with Mountain States Legal Foundation and they are interested in perusing the lawsuit against the DNR The law suit is about being able to carry in a state Park as I’ve stated here and perhaps they will also consider pursuing the prohibition against having a firearm in the woods 24 hours prior to the gun deer season. You can find a copy of the law suit on here on wisconsincarry.org blog. I’ll post the law suit once they have filed it.

Don Marso

cowboyridn said:

I was contacted by Attorney Jim Manley with Mountain States Legal Foundation and they are interested in perusing the lawsuit against the DNR The law suit is about being able to carry in a state Park as I’ve stated here and perhaps they will also consider pursuing the prohibition against having a firearm in the woods 24 hours prior to the gun deer season. You can find a copy of the law suit on here on wisconsincarry.org blog. I’ll post the law suit once they have filed it.

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Why would a lawsuit be brought against the DNR for a State Statute? They only control their Administrative code such as the 24hr prohibition.

Like I said before, If you are just out for a stroll and are merely carrying for your personal protection and a DNR Warden tries to stop you just keep walking and do not identify. If they arrest you it will be challenged in court. It is the only way to get rid of these ridiculous and unconstitutional laws.

State Statute

Interceptor_Knight said:

Why would a lawsuit be brought against the DNR for a State Statute? They only control their Administrative code such as the 24hr prohibition.

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Good question, the attorney may have to include the AG in the suit as well, I'll let them figure it out.

Don

In the woods on your property OK

I finally found this in the actual Statute...

29.312 Rules regulating the sighting of a firearm.
(1) In this section, “immediate family” means persons who are
related as spouses, as siblings, or as parent and child.
(2) The department may not promulgate or enforce a rule that
prohibits a person from sighting a firearm on land owned or leased
by that person or a member of that person’s immediate family during
the 24−hour period prior to the opening date for hunting deer
with firearms in any area where there is an open season for hunting
deer with firearms.

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