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Thread: CC while deer hunting!

  1. #1
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    CC while deer hunting!

    Per the new regs from the DNR you are NOT allowed to cc while hunting!

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    Regular Member stickbow95's Avatar
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    Regular Member littlewolf's Avatar
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    Quote Originally Posted by Shorin21 View Post
    Per the new regs from the DNR you are NOT allowed to cc while hunting!
    According to the legislative reference bureau a person may conceal carry in their home, business,LAND that they own or occupy without regard if they are a licenssee So I take it if you are on your own land or leased and any land that is not publicland you can CC as of 1/11/11 of course!
    Last edited by littlewolf; 07-24-2011 at 05:58 PM.
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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Shorin21 View Post
    Per the new regs from the DNR you are NOT allowed to cc while hunting!
    Absolutely not true....



    The DNR can not and they DO NOT prohibit concealed carry while hunting or at any other time.

    The little paper booklet is simply a glorified FAQ..... It IS NOT a list of actual Regulations, Laws or Administrative code.
    .
    .
    The paper book has no authority of law.
    .
    .
    It does not lie but it makes general statements. Generally you may not possess a sbr, sbs, machine gun, etc and you may not conceal a firearm. It leaves out the fine details of NFA and our new permit system. It is a dumbed down "regulations for dummies" booklet to keep the ignorant from getting themselves in trouble..
    .
    This is printed right on the cover of the 2011 regulations....
    This pamphlet gives you a summary of Wisconsin’s important deer
    hunting laws and how they affect you; it is not a complete set of all
    the hunting related laws
    Last edited by Interceptor_Knight; 07-24-2011 at 08:08 PM.

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    Regular Member Da Po-lock's Avatar
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    And

    That ******** about no guns 24 hrs before deer gun season don't hold water either.

    2009 Friday before deer season I had a warden standing by my truck when we crawled out of the woods OC'n a .44. We put our stands out and baited. He was a real pricke right from the get go. Told me he was going to issue me a citation. I never acknowledged him about it, I just kept asking him what game law I violated, asked him to go out with me to check our bait sites but that's all he really could do to me. Said carrying that gun was illegal and I told him I have the right to carry wherever legal and anytime of the day or night for self defense. Told him to ticket me and I'll spend my last dollar on a lawyer WHEN I see him in court. He stormed off to his truck and got on the phone, after a few minutes he drove away. Funny thing, he never went with me to check our bait, musta forgot. Didn't wave back to me when he left either.

    Last year too, came out dragging a deer about 7pm. 2 wardens on the road. Had my rifle unloaded (after so many years being brainwashed I unload out of habit but shouldn't have to since we can carry any gun for protection) and younger warden goes to grab for my rifle and I pulled back, he said he needs to see if its loaded. I told nobody touches my gun unless I am doing something criminal and I am not, I will safely show him the chamber. He almost went nuts. The other warden came over all Mr nice and I told them both that if my gum leaves my posession without my consent it will be an illegal seizure and I WILL press charges against whoever takes my gun. Younger one asks about my handgun, if it was loaded and I said yup. He said that wasn't legal. I looked at the older warden and told him to school up his partner or he'd get them both in trouble someday. He just smiled, shined his flashlight on my deer, told me nice buck and said all done here and told his partner let's go. They both left after that.

    I have had dozens of pleasant encounters with the dnr in several states in my life but when anyone comes up to me all puffy chested with an attitude treating me like a criminal I WILL dig in and stand up for my rights.

    .......Po-lock
    Any one of you lily livered, flea bitten, bow legged varmints care to slap leather with me?

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    Quote Originally Posted by Interceptor_Knight View Post
    Absolutely not true....



    The DNR can not and they DO NOT prohibit concealed carry while hunting or at any other time.

    The little paper booklet is simply a glorified FAQ..... It IS NOT a list of actual Regulations, Laws or Administrative code.
    .
    .
    The paper book has no authority of law.
    .
    .
    It does not lie but it makes general statements. Generally you may not possess a sbr, sbs, machine gun, etc and you may not conceal a firearm. It leaves out the fine details of NFA and our new permit system. It is a dumbed down "regulations for dummies" booklet to keep the ignorant from getting themselves in trouble..
    .
    This is printed right on the cover of the 2011 regulations....
    i got that from the 2011 regulation manuel where it referances handguns. clearly states no cc

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Shorin21 View Post
    i got that from the 2011 regulation manuel where it referances handguns. clearly states no cc
    Even though you quoted my post, it does not appear that you actually took the time to read it. What you are calling a "regulation manual" does NOT list the actual Statutes or Administrative Code which are the "laws" you would be citing for violating should you do so. The "regulation manual" has no authority whatsoever. It gives general guidelines only. It states right on the cover that it is only a summary of the laws. You will find neither a WI State Statute nor a DNR Administrative Code which prohibits hunting while Concealed Carrying with a permit. Feel free to look. DNR Code regarding hunting is in NR10... http://www.legis.state.wi.us/rsb/code/nr/nr010.pdf
    Last edited by Interceptor_Knight; 07-25-2011 at 02:03 AM.

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    I posted this earlier on the forum.

    Thanks for writing. The 2011 deer regulations do not currently include updated language reflecting the changes in SB93 because it is not currently law. After the Governor signs SB93 into law and the law goes into effect, then the electronic version of the regulations, available on the DNR website, will be updated to reflect the new law or some similar communication about how the changes will affect hunters will be offered; this could include press releases, frequently asked question updates on the DNR website, or other similar means of communication. Considering the high profile nature of this bill, the DNR will make every effort to communicate the changes that will result with the new law, and how those changes affect hunting and public property users. The regulation booklets will not be reprinted when this change is official because of the large number of copies of the deer regulations that are printed each year and the costs associated with printing that number of booklets. Currently, we do not know when the law will go into effect, but it could be as late as October or November. We were unable to delay the printing of the booklets for the Governor's signature because there were multiple deadlines that had to be met to ensure that the printed regulations were purchased in the correct fiscal year and also available for planning September bow hunts.

    Meaghan E. Proctor
    Rules and Regulations Assistant
    Bureau of Wildlife Management
    Wisconsin Department of Natural Resources
    (() phone: (608) 266-2194
    (+) e-mail: Meaghan.Proctor@wisconsin.gov

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    Regular Member Lurchiron's Avatar
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    Quote Originally Posted by Shorin21 View Post
    i got that from the 2011 regulation manuel where it referances handguns. clearly states no cc
    You had better give Manuel his book back, he might need it also.
    Last edited by Lurchiron; 07-25-2011 at 09:34 AM.
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    Quote Originally Posted by Da Po-lock View Post
    when anyone comes up to me all puffy chested with an attitude treating me like a criminal I WILL dig in and stand up for my rights.

    .......Po-lock
    And I thank you for that, I do the same thing and I wish more people would stand up to, and vehemently defend their rights. The more people who blindly submit to law enforcement acting above and beyond their authority, the more they will continue to do so, and escalate their poor treatment of otherwise law-abiding citizens..

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    IK:

    You are incorrect. Until Nov 1 2011 you can not conceal carry a firearm during deer hunting or for that matter anywhere except your home, business or property. The law that says you can't is s941.23. The regulation in the booklet is just a reaffirmation of that law. The DNR does have authority to enforce statute 941.23.

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    Quote Originally Posted by Captain Nemo View Post
    IK:

    You are incorrect. Until Nov 1 2011 you can not conceal carry a firearm during deer hunting or for that matter anywhere except your home, business or property. The law that says you can't is s941.23. The regulation in the booklet is just a reaffirmation of that law. The DNR does have authority to enforce statute 941.23.
    This thread is getting just plain silly...
    A DNR Warden most definitely does have the authority to enforce 941.23. This is the same authority by which they may enforce 167.31. Both are State Statutes and neither are DNR Administrative Code.
    As you should already know, I am aware that the changes do not go into efect until November 1st and then concealed carry is only lawful with a permit and no permits will be issued until after November 1. Out of State permittees will not be honored before November 1st either. We both know the details of the changes and we are not debating them in this thread. That is not what this thread is about.
    The OP believes that there is some "DNR" prohibition regarding carrying a concealed handgun while hunting. No such prohibition exists. There is no "DNR" rule, law, code, etc which prohibits it. Therefore nothing I have stated is incorrect...

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    Comment on Administrative Rules

    The Wisconsin DNR creates and revises administrative rules and regulations to implement statutes enacted by the Legislature [exit DNR]. Administrative rules and regulations have the full force and effect of law.


    http://dnr.wi.gov/org/legal/adminrules.html

    Info only. Draw your own conclusions

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    In my group we have 2 police officers. Both of them CC while hunting and have for as long as they have been LEO. If they can CCW while hunting, why wouldnt we be able to once we have our permits?

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    srt20:

    You can conceal carry during hunting once you get a conceal carry permit. I posted earlier a response I received from the DNR regarding SB93 and the 2011 deer hunting regulations. It is self explanatory. Hunters probably will not be able to CC this hunting season for most hunting. The DoJ has announced they will not be taking any CC applications until Nov. 1. For the first four months after Nov 1 the DoJ has 45 days to process the applications. Most likely applications received Nov 1 won't be issued until after the majority of the 2011 hunting seasons are over. Technically the DoJ doesn't have to begin issuing permits until Dec 15.

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    Quote Originally Posted by Captain Nemo View Post
    srt20:

    You can conceal carry during hunting once you get a conceal carry permit. I posted earlier a response I received from the DNR regarding SB93 and the 2011 deer hunting regulations. It is self explanatory. Hunters probably will not be able to CC this hunting season for most hunting. The DoJ has announced they will not be taking any CC applications until Nov. 1. For the first four months after Nov 1 the DoJ has 45 days to process the applications. Most likely applications received Nov 1 won't be issued until after the majority of the 2011 hunting seasons are over. Technically the DoJ doesn't have to begin issuing permits until Dec 15.
    But, we should be able to carry concealed on our own land as of Nov.1st, 2011 even without a permit.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by phred View Post
    But, we should be able to carry concealed on our own land as of Nov.1st, 2011 even without a permit.
    Correct...

    941.23 (2) (intro.) Any person other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor.
    941.23 (2) (e) An individual who carries a concealed and dangerous weapon, as defined in s. 175.60 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

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    Quote Originally Posted by phred View Post
    But, we should be able to carry concealed on our own land as of Nov.1st, 2011 even without a permit.
    I am guessing this comment includes private land that we have permission to be on as well? Even though we dont own it? Thanks

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    I really don't know what "legally occupies" means.

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    Quote Originally Posted by Captain Nemo View Post
    I really don't know what "legally occupies" means.
    At a glance I interpret it to mean something like this......

    If I own land and give you permission to utilize my land (i.e., occupy) for lawful activities (i.e., hunting), you are legally occupying the land. I don't believe it to mean there must be a contractual lease in place. But that is just an opinion. I'm sure "legally occupy" is defined somewhere. And I could be wrong as hell.

  21. #21
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    I really don't know what "legally occupies" means.
    Quote Originally Posted by srt20 View Post
    I am guessing this comment includes private land that we have permission to be on as well? Even though we dont own it? Thanks
    Not unless you legally occupy it (live there for certain and possibly use to raise livestock or plant/harvest crops)..... Otherwise you could carry concealed on all property everywhere you legally may travel unless otherwise prohibited.
    Last edited by Interceptor_Knight; 07-28-2011 at 12:33 PM.

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    Quote Originally Posted by Interceptor_Knight View Post
    Not unless you legally occupy it (live there for certain and possibly use to raise livestock or plant/harvest crops)..... Otherwise you could carry concealed on all property everywhere you legally may travel unless otherwise prohibited.
    I like that idea... :-P
    "I don't really care for "cream cheese"..."

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    Quote Originally Posted by Captain Nemo View Post
    srt20:

    You can conceal carry during hunting once you get a conceal carry permit. I posted earlier a response I received from the DNR regarding SB93 and the 2011 deer hunting regulations. It is self explanatory. Hunters probably will not be able to CC this hunting season for most hunting. The DoJ has announced they will not be taking any CC applications until Nov. 1. For the first four months after Nov 1 the DoJ has 45 days to process the applications. Most likely applications received Nov 1 won't be issued until after the majority of the 2011 hunting seasons are over. Technically the DoJ doesn't have to begin issuing permits until Dec 15.
    Bold is incorrect. They have 45 days only until Dec. 1st. That 4 month clock starting ticking the day after publication, not Nov. 1st.

    https://docs.legis.wisconsin.gov/2011/related/acts/35

    (from)Section 100

    (2) Notwithstanding section 175.60 (9) (b) of the statutes, as created by this act, beginning on the effective date of this subsection and ending on the first day of the 5th month beginning after the effective date of this subsection, the department of justice shall, as soon as practicable and without delay, but no longer than 45 days, after receiving a complete application under section 175.60 (7) of the statutes, as created by this act, for a license to carry a concealed weapon, do one of the following:

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

    (from) Section 101

    Section 101. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:
    (1) The treatment of sections 66.0409 (6), 165.25 (12), 175.49 (4), 175.60 (2m) and (5), and 947.01 (2) of the statutes and Section 100 (1) and (2) of this act take effect on the day after publication.

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

    The 45 day "extension" is in section 100 (2). As you can see in section 101's listing of effective dates, section 100 (2) is to take effect the day after publication. Publication was July 22. The 1st day of the 5th month after the day after publication is Dec. 1st.
    Last edited by safcrkr; 07-29-2011 at 10:37 AM.

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