167.31 167.31 Safe use and transportation of firearms and bows.
167.31(1)(1)Definitions. In this section:
167.31(1)(a) (a) "Aircraft" has the meaning given under s. 114.002 (3).
167.31(1)(b) (b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
167.31(1)(c) (c) "Firearm" means a weapon that acts by force of gunpowder.
167.31(1)(d) (d) "Highway" has the meaning given under s. 340.01 (22).
167.31(1)(e) (e) "Motorboat" has the meaning given under s. 30.50 (6).
167.31(1)(f) (f) "Roadway" has the meaning given under s. 340.01 (54).
167.31(1)(fm) (fm) "Street" means a highway that is within the corporate limits of a city or village.
167.31(1)(g) (g) "Unloaded" means any of the following:
167.31(1)(g)1. 1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
167.31(1)(g)2. 2. In the case of a cap lock muzzle-loading firearm, having the cap removed.
167.31(1)(g)3. 3. In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.
167.31(1)(h) (h) "Vehicle" has the meaning given under s. 340.01 (74), and includes a snowmobile, as defined under s. 340.01 (58a), except that for purposes of subs. (4) (c) and (cg) and (4m) "vehicle" has the meaning given for "motor vehicle" in s.29.001 (57).
167.31(2) (2)Prohibitions; motorboats and vehicles; highways and roadways.
167.31(2)(a)(a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(2)(b) (b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(2)(c) (c) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
167.31(2)(d) (d) Except as provided in sub. (4) (a), (cg) and (e), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.
167.31(2)(e) (e) A person who violates pars. (a) to (d) is subject to a forfeiture of not more than $100.
167.31(3) (3)Prohibitions; aircraft.
167.31(3)(a)(a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on an aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
167.31(3)(b) (b) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from an aircraft.
167.31(3)(c) (c) A person who violates par. (a) or (b) shall be fined not more than $1,000 or imprisoned not more than 90 days or both.
167.31(4) (4)Exceptions.
167.31(4)(a)(a) Subsections (2) and (3) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
167.31(4)(a)1. 1. A peace officer, as defined under s. 939.22 (22).
167.31(4)(a)2. 2. A member of the U.S. armed forces.
167.31(4)(a)3. 3. A member of the national guard.
167.31(4)(a)4. 4. A private security person, as defined in s. 440.26 (1m), who meets all of the following requirements:
167.31(4)(a)4.a. a. He or she holds either a private detective license issued under s. 440.26 (2) (a) 2. or a private security permit issued under s. 440.26 (5).
167.31(4)(a)4.b. b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing.
167.31(4)(a)4.c. c. He or she is performing his or her assigned duties or responsibilities.
167.31(4)(a)4.d. d. He or she is wearing a uniform that clearly identifies him or her as a private security person.
167.31(4)(a)4.e. e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing.
167.31(4)(b) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
167.31(4)(bn) (bn) Subsection (2) (a) does not apply to a person using a bow or a crossbow for fishing from a motorboat.
167.31(4)(c) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.
167.31 Note NOTE: Par. (c) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(cg) (cg) A holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:
167.31 Note NOTE: Par. (cg) (intro.) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(cg)1. 1. The roadway is part of a county highway, a town highway or any other highway that is not part of a street or of a state trunk or federal highway.
167.31(4)(cg)2. 2. The vehicle is located off the roadway and is not in violation of any prohibition or restriction that applies to the parking, stopping or standing of the vehicle under ss. 346.51 to 346.55 or under a regulation enacted under s. 349.06 or 349.13.
167.31(4)(cg)3. 3. The holder of the permit is not hunting game to fill the tag of another person.
167.31(4)(cg)4. 4. The holder of the permit has obtained permission from any person who is the owner or lessee of private property across or on to which the holder of the permit intends to discharge a firearm or shoot a bolt or an arrow.
167.31(4)(cg)5. 5. The vehicle bears special registration plates issued under s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".
167.31(4)(cg)6. 6. The holder of the permit discharges the firearm or shoots the bolt or arrow away from and not across or parallel to the roadway.
167.31(4)(cm) (cm) For purposes of pars. (c) and (cg), the exemption from sub. (2) (b) under these paragraphs only applies to the firearm, bow or crossbow being used for hunting by the holder of the Class A or Class B permit under s. 29.193 (2).
167.31 Note NOTE: Par. (cm) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(4)(co) (co) For purposes of par. (cg), a person may stop a vehicle off the roadway on the left side of the highway.
167.31(4)(cr) (cr) For purposes of par. (cg) 4., "private property" does not include property leased for hunting by the public, land that is subject to a contract under subch. I of ch. 77, or land that is subject to an order designating it as managed forest land under subch. VI of ch. 77 and that is not designated as closed to the public under s. 77.83 (1).
167.31(4)(d) (d) Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle.
167.31(4)(e) (e) Subsection (2) (d) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.
167.31(4)(f) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).
167.31(4m) (4m)Rules. The department of natural resources may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under s. 29.193 (2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under s. 227.15 (1).
167.31 Note NOTE: Sub. (4m) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
167.31(5) (5)Weapons assessment.
167.31(5)(a)(a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons assessment equal to 75% of the amount of the fine or forfeiture.
167.31(5)(b) (b) If a fine or forfeiture is suspended in whole or in part, the weapons assessment shall be reduced in proportion to the suspension.
167.31(5)(c) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the weapons assessment shall also be returned.
167.31(5)(d) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).
167.31 History History: 1985 a. 36; 1987 a. 27, 353; 1991 a. 77; 1993 a. 147; 1995 a. 122, 201; 1997 a. 248, 249; s. 13.93 (2) (c).
167.32 167.32 Safety at sporting events.
167.32(1) (1)Definitions. In this section:
167.32(1)(a) (a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
167.32(1)(b) (b) "Facility" means building or stadium.
167.32(1)(c) (c) "Fermented malt beverages" has the meaning designated in s. 125.02 (6).
167.32(1)(d) (d) "Intoxicating liquor" has the meaning designated in s. 125.02 (8).
167.32(1)(e) (e) "Passing" includes pushing, pulling, throwing and moving.
167.32(1)(f) (f) "Sports facility" means a facility where sporting events are held, regardless of whether that is the exclusive use of the facility.
167.32(2) (2)Body passing.
167.32(2)(a)(a) A spectator at a sporting event at a sports facility shall not participate in the process of passing another person above the floor or ground from one location to another.
167.32(2)(b) (b) Paragraph (a) does not apply to the act of a person moving another person in order to render first aid or otherwise assist or care for that other person.
167.32(3) (3)Object passing. A spectator at a sporting event at a sports facility shall not participate in the process of passing bleachers, seats or other objects in a manner which threatens the safety of other persons.
167.32(4) (4)Alcohol consumption.
167.32(4)(a)(a) A spectator shall not bring alcohol beverages into a sports facility where there is a sporting event at the sports facility.
167.32(4)(b) (b) A spectator shall not possess or consume alcohol beverages at a sporting event at a sports facility if the alcohol beverages were brought to the facility as specified in par. (a).
167.32(4)(c) (c) This subsection does not apply to any vendor or other person who brings alcohol beverages into a sports facility with the authorization of the person in charge of the facility.
167.32(5) (5)Forfeiture. Any person who violates sub. (2), (3) or (4) shall forfeit $50.
167.32(6) (6)Citation procedure. The state may use the citation procedures under s. 778.25 to enforce this section. A county or municipality may use the citation procedures under s. 778.25 to enforce a local ordinance strictly conforming to this section.
167.32 History History: 1985 a. 254.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?