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Thread: Is there any work to allow carrying while shining deer?

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    Is there any work to allow carrying while shining deer?

    I saw the FAQ from the DNR that there have been no changes to shining deer while CCW. I really dislike the idea of needing to leave behind my handgun just to drive around and shine deer.

    Has anyone seen any work to fix this now that CCW is here?

    Thanks!

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by mearlus View Post
    I saw the FAQ from the DNR that there have been no changes to shining deer while CCW. I really dislike the idea of needing to leave behind my handgun just to drive around and shine deer.

    Has anyone seen any work to fix this now that CCW is here?
    Nope. Not one bit...
    Last edited by Interceptor_Knight; 11-08-2011 at 06:15 PM.

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    Regular Member jeff niles's Avatar
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    Question Is there any work to allow carrying while shining deer?

    With act 35 i think if you read it .you can have a hand gun for self defense, it just cant be a gun you could kill a deer with like 44 with scope,a 45 with hollow points are OK.The dnr rules were printed before act 35.It still says you can not cc when hunting we know thats not right.
    JEFFEMT

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    Regular Member stickbow95's Avatar
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    I am curious. Where in the law does it specify what kind of "handgun" can, and cannot, be carried for defense? I'm wondering if the DNR has the authority to restrict certain types of handguns. Maybe I would like to carry my .475 Linebaugh single action for defensive reasons in the woods. Or maybe my T/C Encore pistol in .270 Winchester.

    I haven't found anything that leads me to believe that the Department of Neverending Regulation can tell me, as a licensee, what kind of handgun I can or can't carry for defensive purposes. But then again I am by no means experienced at interpreting law.

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    Quote Originally Posted by jeff niles View Post
    With act 35 i think if you read it .you can have a hand gun for self defense, it just cant be a gun you could kill a deer with like 44 with scope,a 45 with hollow points are OK.The dnr rules were printed before act 35.It still says you can not cc when hunting we know thats not right.
    Hunting is one thing, I'm referring to shining deer at night. This thread leads me to believe that the amendment that was to allow handguns for defense while shining was removed in the final Act 35.

    http://forum.opencarry.org/forums/sh...=1#post1588396

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    Regular Member stickbow95's Avatar
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    Quote Originally Posted by mearlus View Post
    Hunting is one thing, I'm referring to shining deer at night. This thread leads me to believe that the amendment that was to allow handguns for defense while shining was removed in the final Act 35.

    http://forum.opencarry.org/forums/sh...=1#post1588396

    That answers my question as well. Thanks.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by jeff niles View Post
    With act 35 i think if you read it .you can have a hand gun for self defense, it just cant be a gun you could kill a deer with like 44 with scope,a 45 with hollow points are OK.The dnr rules were printed before act 35.It still says you can not cc when hunting we know thats not right.
    Act 35 made no changes which give you ANY exception for shining. You may not possess a firearm in the vehicle at all even if it is unloaded and cased.

    Here is the Statute intact up to the part regarding deer. It goes on to prohibit all other wild animals also...

    29.314  Shining animals.
    (1)  Definition. As used in this section:
    (a) "Flashlight" means a battery operated light designed to be carried and held by hand.
    (am) "Laser sighting device" means a device for sighting a firearm that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
    (b) "Light" includes flashlights, automobile lights and other lights.
    (c) "Peace officer" has the meaning designated under s. 939.22 (22).
    (d) "Shining" means the casting of rays of a light on a field, forest or other area for the purpose of illuminating, locating or attempting to illuminate or locate wild animals.
    (2) Presumption. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is presumed to be shining wild animals. A person may introduce evidence to rebut this presumption.
    (3) Shining deer, elk, or bear while hunting or possessing weapons prohibited.
    (a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm, bow and arrow, or crossbow.
    (b) Exceptions. This subsection does not apply:
    1. To a peace officer on official business.
    2. To an employee of the department on official business.
    3. To a person authorized by the department to conduct a game census or to observe bear for educational purposes.
    4. To the holder of a Class C permit issued under s. 29.193 (2) (c) 4. who uses a laser sighting device while hunting with a firearm, bow and arrow, or crossbow.

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    Regular Member Da Po-lock's Avatar
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    The DNR clearly differentiates self defense handguns from hunting handguns.

    I have and will continue to carry my 4.5" .40 cal. self defense handgun while shining no matter what the DNR says and I am prepared to go to court if need be.

    I am not a poacher and WILL not be presumed as one by the DNR for exercising my 2A rghts.

    If I wanted to poach I would with PLENTY of opportunities during broad daylight and probably never get caught BUT I choose not to.
    Any one of you lily livered, flea bitten, bow legged varmints care to slap leather with me?

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    Regular Member stickbow95's Avatar
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    Quote Originally Posted by Da Po-lock View Post
    The DNR clearly differentiates self defense handguns from hunting handguns.
    Cite?
    Thanks.

  10. #10
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Da Po-lock View Post
    The DNR clearly differentiates self defense handguns from hunting handguns.

    I have and will continue to carry my 4.5" .40 cal. self defense handgun while shining no matter what the DNR says and I am prepared to go to court if need be.

    I am not a poacher and WILL not be presumed as one by the DNR for exercising my 2A rghts.

    If I wanted to poach I would with PLENTY of opportunities during broad daylight and probably never get caught BUT I choose not to.
    Chapter 29 is not a DNR rule. It is a State Statute. It does not differentiate between a defense handgun and a hunting handgun. As a matter of trivia, a 4.5" .40 cal is a legal hunting handgun for small game.
    If you do not like it, contact your State Senator to introduce a bill to change it. Until then, you are in violation of a State Statute if you possess a firearm in your vehicle while you shine deer. Any LEO may cite you for doing so.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by stickbow95 View Post
    Cite?
    Thanks.
    DNR Administrative Code NR 10.09 specifies what the minimum barrel length and caliber you may hunt game with. There is no Statute nor Admin Code prohibiting you from possessing a small handgun which is not legal for hunting so long as you possess the proper firearm or bow to hunt the species you are actively hunting.
    In other words the "law" is silent on defensive firearms. The Statute in question blanket bans all firearms from being in your possession if you are shining wild animals.

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    Quote Originally Posted by Interceptor_Knight View Post
    The Statute in question blanket bans all firearms from being in your possession if you are shining wild animals.
    Unless you are a member of the Lac Du Flambeau tribe of lake superior Indians, shooting from your vehicle, on and off state highways between September 1st, and January 31st.

    Come visit the Rez sometime, you might be amazed by what you see.

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    How Do You Shine Deer?

    Rub 'em down with Rudolph Polish and buff to a high gloss? No, seriously this is a new concept for me.

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    Regular Member stickbow95's Avatar
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    Simply put: Point a big spotlight/flashlight into the woods while looking for deer. You look for eyeshine. It is easy to spot.

    It is illegal to hunt deer at night, hence the issue with carrying a firearm while shining deer in WI. It seems the DNR feels you couldn't possibly be doing anything else with a firearm at night during deer season, other than hunting deer.
    Last edited by stickbow95; 11-11-2011 at 07:36 AM.

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    I'm still amazed and annoyed that the DNR can prevent me from shining animals on my own land in the fall without a firearm being present at all.

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by jrclen View Post
    I'm still amazed and annoyed that the DNR can prevent me from shining animals on my own land in the fall without a firearm being present at all.
    Could you cite that for me?

    In any case, they can't actually prevent squat, which only furthers the absurdity. It's like people thinking a "no gun" sign is going to stop criminals from bringing one in anyway.
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    Wisconsin Deer Hunting regulations 2011:
    From the DNR web site http://dnr.wi.gov/org/land/wildlife/hunt/regs/

    Shining
    It is illegal to:
    • use, or possess with intent to use, a light, including vehicle headlights, for shining any
    wild animal while hunting or in possession of a firearm, bow and arrow, or crossbow.
    This includes laser sights on firearms, bows, and crossbows. Exceptions apply for
    hunting certain small game; see 2011 Wisconsin Small Game Hunting Regulations.

    • use, or possess with intent to use, a light, including vehicle headlights, for
    shining wild animals between the hours of 10 p.m. and 7 a.m. from September
    15 through December 31 whether or not a firearm or bow is in possession.


    As a law abiding citizen they can prevent me from this activity with the above regulation.
    Last edited by jrclen; 11-11-2011 at 04:39 PM.

  18. #18
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by jrclen View Post
    Wisconsin Deer Hunting regulations 2011:
    From the DNR web site http://dnr.wi.gov/org/land/wildlife/hunt/regs/
    ....

    As a law abiding citizen they can prevent me from this activity with the above regulation.
    Any LEO may enforce this as it is a WI State Statute and not a DNR Administrative Code
    Please cite the Statute in question when talking about "hunting regulations" That paper pamphlet is known for errors...

    I cited part of Chapter 29.314 above. The part you are referencing is 29.314(5)
    https://docs.legis.wisconsin.gov/sta...utes/29/IV/314


    Not only is this not a "DNR regulation", a county government may prohibit you from doing it year 'round.

    29.314  Shining animals.
    (6) County ordinance. A county may regulate or prohibit the use of or possession with intent to use a light for shining wild animals. A county ordinance may not be less restrictive than the prohibition under sub. (5) (a). The exceptions under sub. (5) (b) apply to a county ordinance adopted under this subsection. A county may provide for a forfeiture of not more than $1,000 for violation of a county ordinance adopted under this subsection
    Last edited by Interceptor_Knight; 11-11-2011 at 04:50 PM.

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    Thanks for the nit picking Interceptor Knight. But the fact of the matter is, I was correct in what I said.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by jrclen View Post
    Thanks for the nit picking Interceptor Knight. But the fact of the matter is, I was correct in what I said.
    The point is not that you posted false information, the point is that you should go to the actual Statute or Administrative Code and post that when you cite. The Pamphlet is a glorified FAQ and most of it is paraphrased and not the actual verbiage of the Statutes and Admin Code.

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    Don't get me wrong Interceptor Knight. I think it is great that you take the time to look up and quote the actual laws. The fact is I don't have a clue how to do that. So I can only cite the rules I can find which I think apply. I certainly didn't intend to bad mouth you for what you do.

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