A suggested cleanup of legislation for the 2013-2014 session

[protias]

Amend Article 1, Section 26 so that hunting becomes an actual right instead of a sudo right.
Remove the 1973 cutoff for hunting without having to go to hunter's safety: 29.xxx (sorry, can't find the statute at the moment).

 

[protias]

[Public] Colleges cannot bar people from carrying.

 

[paul@paul-fisher.com]

[Public] Colleges cannot bar people from carrying.

See post 13 941.13(1m)(c)5

 

[phred]

Mentor restrictions

Eliminate the "one-gun" rule for mentor and "mentee". Currently, a CCL holder cannot carry and mentor at the same time (unless the carry gun IS the hunting gun, which is highly unlikely). This is a DNR rule

29.592(3)

(3) A person who is authorized to hunt with a mentor under this section and a mentor under this section with whom that person hunts may jointly have only one firearm, only one bow, or if hunting with a crossbow is authorized under s. 29.171 (4) or 29.193 (2), only one crossbow in their possession or control while hunting.

 

[E6chevron]

Since not everyone knows the citations for each of these, I went back and added hyperlinks to the existing statutes to all my suggestions so that people can understand what I mean.

Thanks for that, Paul.

Everyone should know that one of the principles of THIS website, is to provide citations to authority (published statutes, ordinances, case law and codes) when discussing laws and regulations. Doing that citation in the form of a link, just makes it much easier to understand the exact legal terms used, and follow embedded citations in those statutes, ordinances, case law and codes.

Open Carry Forum rules

To make this discussion as productive and factual as we need it to be, let's follow the forum rules.

 

[oliverclotheshoff]

Eliminate the "one-gun" rule for mentor and "mentee". Currently, a CCL holder cannot carry and mentor at the same time (unless the carry gun IS the hunting gun, which is highly unlikely). This is a DNR rule

29.592(3)

(3) A person who is authorized to hunt with a mentor under this section and a mentor under this section with whom that person hunts may jointly have only one firearm, only one bow, or if hunting with a crossbow is authorized under s. 29.171 (4) or 29.193 (2), only one crossbow in their possession or control while hunting.

ill second this one and ill raise you this one
add an exception for a person to carry a weapon for self defense (licensed or unlicensed)

29.314
(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.

 

[NoTolerance]

175.35

ftfy

 

[MKEgal]

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.

So how else do you hunt deer, elk, or bear? Can it be done with an axe or bat?
Or, coming at it the other way, is there a reason for shining animals other than killing them?
And what's bad about shining in order to shoot them? Why is it any worse than the regular way of shooting them? Are they supposed to feel safe at night?

ETA: and how does this relate to carrying for self-defense?

 

[oliverclotheshoff]

So how else do you hunt deer, elk, or bear? Can it be done with an axe or bat?
Or, coming at it the other way, is there a reason for shining animals other than killing them?
And what's bad about shining in order to shoot them? Why is it any worse than the regular way of shooting them? Are they supposed to feel safe at night?

ETA: and how does this relate to carrying for self-defense?

it is against the law to carry while shining for animals

 

[MKEgal]

it is against the law to carry while shining for animals

I quoted the part of the law that says that.
I was looking for the "why".
Why is it against the law? What's bad about it?
Or is this only a malum prohibitum thing?

 

[paul@paul-fisher.com]

I quoted the part of the law that says that.
I was looking for the "why".
Why is it against the law? What's bad about it?
Or is this only a malum prohibitum thing?

I am not a hunter, however, I believe shining freezes the animal giving you a better chance of shooting at it.

 

[apjonas]

Pub Walk

[Public] Colleges cannot bar people from carrying.

What about carrying people from bars?

 

[apjonas]

Hunter and Huntee, er Prey

Eliminate the "one-gun" rule for mentor and "mentee". Currently, a CCL holder cannot carry and mentor at the same time (unless the carry gun IS the hunting gun, which is highly unlikely). This is a DNR rule

29.592(3)

(3) A person who is authorized to hunt with a mentor under this section and a mentor under this section with whom that person hunts may jointly have only one firearm, only one bow, or if hunting with a crossbow is authorized under s. 29.171 (4) or 29.193 (2), only one crossbow in their possession or control while hunting.

Protégé is probably the proper word but doesn't seem quite right in the context of hunting.

 

[protias]

What about carrying people from bars?

Good point. Eliminate 941.237.

 

[oliverclotheshoff]

I am not a hunter, however, I believe shining freezes the animal giving you a better chance of shooting at it.

it does temporarily freeze the animal

So how else do you hunt deer, elk, or bear? Can it be done with an axe or bat? not legally must be shoulder fired centerfire firearm, or a handgun that meets certain crtieria

Or, coming at it the other way, is there a reason for shining animals other than killing them? it is another way to see the animals in your hunting area or a recreational thing for the redneck/country folk type of person lol

And what's bad about shining in order to shoot them? other than it is illegal it is unsafeIMO Why is it any worse than the regular way of shooting them? Are they supposed to feel safe at night? the closer you get to the gun deer season allot of deer go nocturnal making it the only way to see some of them

ETA: and how does this relate to carrying for self-defense?they are denying my right to carry while shining

 

[apjonas]

Thoughts

How about doing away with the 48 hour waiting period for Wisconsin residents purchasing a handgun for those who are already vetted by obtaining their CWL through the state?

The concern usually brought up is that it prevents somebody who has just gone off the deep end from acting impulsively. Like when some guy's girlfriend mentions that he has bad breath and instead of buying some mints, he shoots up a convent. I suppose such a scenario could happen with a CWL but chances are such a person already has (>1) firearm as well as some Tic-Tacs.

How about not needing a NICS background check for people purchasing long guns who currently have a valid WI CWL too??

This is an ATF issue although I don't see why the CWL doesn't qualify as a NICS alternative. Any ideas?

Allegedly, my extended perpetual delay status for purchasing a handgun has been fixed at the state level, I plan to find out soon with another handgun purchase, Lets hope so.

That's what you get for being named John Smith or a having a name with no vowels.

 

[protias]

The concern usually brought up is that it prevents somebody who has just gone off the deep end from acting impulsively. Like when some guy's girlfriend mentions that he has bad breath and instead of buying some mints, he shoots up a convent. I suppose such a scenario could happen with a CWL but chances are such a person already has (>1) firearm as well as some Tic-Tacs.

So then why is there no waiting period for long guns?

 

[apjonas]

An Alternative

I am not a hunter, however, I believe shining freezes the animal giving you a better chance of shooting at it.

Try mooning the animal. Most Wisconsin natives have pasty white cheeks could turn Sasquatch into a statue. And after a couple days at deer camp, some emanate odors that could knock a buzzard off an outhouse.

 

[apjonas]

It's the Law - It Doesn't Have to Make Sense

So then why is there no waiting period for long guns?

I suppose Wisconsin's hunting tradition plays a role as well as Milwaukee's tradition of criminal activity with handguns. Politicians and other bedwetters who don't like guns really don't like handguns. It's like Christians and Muslims. You can denigrate the former to you heart's content but one mildly unapproving comment about the latter will get you brought before the thought police. As the situation has changed with Act 35, perhaps someone with a legislative contact can suggest waiver of the 48 hours for a CWLicensee. As Ben Stein might intone....Anyone? Anyone?

 

[MKEgal]

What about carrying people from bars?

If they're so drunk they can't walk on their own, I'm all in favor of carrying them out.
Sure beats leaving them on the floor for other drunks to trip over.