2005 - 2006 LEGISLATURE
August 2, 2005 - Introduced by Representatives Gunderson, Moulton, Musser,
Pettis, Bies, Hines, Kestell, Krawczyk, Lehman, Montgomery, Ott, Suder,
Townsend, Turner, Vos, Vruwink and M. Williams, cosponsored by Senators
Zien, Reynolds, Decker and Breske. Referred to Committee on Natural
Resources.
AB586,1,10
1An Act to renumber 29.304 (5);
to renumber and amend 29.304 (1) (b);
to
2amend 29.184 (1) (b), 29.184 (5) (a), 29.184 (6) (b) 1., 29.304 (1) (a), 29.304 (1)
3(c), 29.304 (2) (title), 29.304 (2) (a), 29.304 (2) (b) (intro.), 29.304 (2) (b) 1., 29.304
4(2) (b) 2., 29.304 (3) (title), 29.304 (3) (a) (intro.), 29.304 (3) (a) 1., 29.304 (3) (a)
52., 29.304 (3) (b) (intro.), 29.304 (3) (b) 1., 29.304 (3) (b) 2., 29.304 (3) (b) 3.,
629.304 (5) (title), 29.563 (2) (a) 4., 29.563 (4) (a) 1m., 29.563 (4) (a) 2m., 29.563
7(4) (b) 1m., 29.563 (4) (b) 2m., 29.593 (1) (a), 169.20 (1) (a), 169.20 (2) (a) and
8169.33 (2) (d); and
to create 29.304 (1) (am), 29.304 (1) (b) 2., 29.304 (5) (am),
929.304 (5) (b) and 29.593 (1m) of the statutes;
relating to: hunting and firearm
10possession by persons who are under 16 years of age.
Analysis by the Legislative Reference Bureau
Current law generally prohibits hunting and firearm possession by any person
under the age of 12. For persons who are older than 12 but under the age of 16,
current law allows hunting and firearm possession but imposes certain restrictions
that vary depending on the person's age. This bill makes various changes to the laws
regulating hunting and firearm possession and control by persons under the age of
16.
Accompaniment by parent or guardian
Under current law, a person who is older than 12 but under the age of 16 may
hunt or have a firearm in his or her possession or control if the person is accompanied
by a parent or guardian and if he or she meets certain other requirements. This bill
specifies that such a person may also hunt or have a firearm in his or her possession
or control if the person is accompanied by a person who is at least 18 years old and
who has been designated by the person's parent or guardian (designee).
Hunting by 10- and 11-year-olds
This bill also changes the minimum age for hunting from 12 years of age to 10
years of age and imposes certain additional restrictions on hunting by 10- and
11-year-olds. Under this bill, a person who is 10 or 11 years old may not hunt unless
that person is within arm's reach of his or her parent or guardian or a designee; the
parent, guardian, or designee holds a current hunting approval of the type held by
the 10- or 11-year-old, and the parent, guardian, or designee has successfully
completed the course of instruction under the hunter education program issued by
this state, another state, a province, or another country. The bill specifies that the
10-year-old or 11-year-old, and the parent, guardian, or designee with whom he or
she is hunting, may jointly have only one firearm, one bow, or one crossbow in their
possession or control while hunting.
Firearm possession and control by 10- and 11-year-olds
This bill also changes the minimum age for firearm possession from 12 years
of age to 10 years of age. Under current law, a 12- or 13-year-old may not have a
firearm in his or her possession or control unless he or she is accompanied by a parent
or guardian or is enrolled in hunter education class and is carrying an unloaded
firearm in a case to or from that class or is handling it under the supervision of the
class instructor. Under this bill, a person who is 10 or 11 years old may not possess
or control a firearm unless he or she is hunting within arm's reach of his or her parent
or guardian or a designee or he or she is possessing or controlling the firearm in the
same manner specified under the current law restrictions applicable to 12- and
13-year-olds.
Target practice
This bill also provides that the restrictions on possession and control of a
firearm by persons who are under the age of 12 do not apply to a person who uses a
firearm in target practice if he or she is accompanied by his or her parent or guardian
or a designee.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB586, s. 1
1Section
1. 29.184 (1) (b) of the statutes is amended to read:
AB586,3,2
129.184
(1) (b) "Minor" means a person who is at least
12 10 years of age but
2under 18 years of age.
AB586, s. 2
3Section
2. 29.184 (5) (a) of the statutes is amended to read:
AB586,3,54
29.184
(5) (a) A person under the age of
12 10 years may engage in the activities
5authorized under sub. (3) (br) 1. to 3. without holding a Class B bear license.
AB586, s. 3
6Section
3. 29.184 (6) (b) 1. of the statutes is amended to read:
AB586,3,77
29.184
(6) (b) 1. The applicant is at least
12 10 years old.
AB586, s. 4
8Section
4. 29.304 (1) (a) of the statutes is amended to read:
AB586,3,109
29.304
(1) (a)
Prohibition on hunting. No person under
12 10 years of age may
10hunt with a firearm
or, a bow and arrow
, or a crossbow.
AB586, s. 5
11Section
5. 29.304 (1) (am) of the statutes is created to read:
AB586,3,2012
29.304
(1) (am)
Restrictions on hunting by persons 10 or 11 years of age. 1. No
13person who is 10 or 11 years of age may hunt unless he or she is within arm's reach
14of his or her parent or guardian or a person at least 18 years of age who is designated
15by the parent or guardian; the parent, guardian, or designee holds a current hunting
16approval of the type held by the person who is 10 or 11 years of age; and the parent,
17guardian, or designee has been issued a certificate of accomplishment that states
18that the parent, guardian, or designee has completed the course of instruction under
19the hunter education program or has received a similar certificate issued by another
20state, province, or country.
AB586,3,2421
2.
A person who is 10 or 11 years of age and the parent, guardian, or designee
22with whom that person hunts under subd. 1. may jointly have only one firearm, only
23one bow or, if hunting with a crossbow is authorized under s. 29.171 (4) or 29.193 (2),
24only one crossbow in their possession or control while hunting.
AB586, s. 6
1Section
6. 29.304 (1) (b) of the statutes is renumbered 29.304 (1) (b) (intro.)
2and amended to read:
AB586,4,53
29.304
(1) (b) (intro.)
Restrictions on possession or control of a firearm. No
4person under 12 years of age may have in his or her possession or control any firearm
5unless
he or she is any of the following applies:
AB586,4,10
61. He or she is enrolled in the course of instruction under the hunter education
7program and he or she is carrying the firearm in a case and unloaded to or from that
8class under the supervision of
a his or her parent or guardian
, or by a person at least
918 years of age who is designated by the parent or guardian, or is handling or
10operating the firearm during that class under the supervision of an instructor.
AB586, s. 7
11Section
7. 29.304 (1) (b) 2. of the statutes is created to read:
AB586,4,1412
29.304
(1) (b) 2. He or she is 10 or 11 years of age and is hunting with his or her
13parent or guardian or by a person at least 18 years of age who is designated by the
14parent or guardian as provided under par. (am).
AB586, s. 8
15Section
8. 29.304 (1) (c) of the statutes is amended to read:
AB586,4,1816
29.304
(1) (c)
Restrictions on obtaining hunting approval. Except as provided
17under par. (d), no person under
12 10 years of age may obtain any approval
18authorizing hunting.
AB586, s. 9
19Section
9. 29.304 (2) (title) of the statutes is amended to read:
AB586,4,2020
29.304
(2) (title)
Persons 12 to 14 and 13 years of age.
AB586, s. 10
21Section
10. 29.304 (2) (a) of the statutes is amended to read:
AB586,4,2522
29.304
(2) (a)
Restrictions on hunting. No person 12 years of age or older but
23under 14 years of age may hunt unless he or she is accompanied by
a his or her 24parent or guardian
or by a person at least 18 years of age who is designated by the
25parent or guardian.
AB586, s. 11
1Section
11. 29.304 (2) (b) (intro.) of the statutes is amended to read:
AB586,5,42
29.304
(2) (b)
Restrictions on possession or control of a firearm. (intro.) No
3person 12 years of age or older but under 14 years of age may have in his or her
4possession or control any firearm unless
he or she
any of the following apply:
AB586, s. 12
5Section
12. 29.304 (2) (b) 1. of the statutes is amended to read:
AB586,5,86
29.304
(2) (b) 1.
Is He or she is accompanied by
a his or her parent or guardian
7or by a person at least 18 years of age who is designated by the parent or guardian;
8or.
AB586, s. 13
9Section
13. 29.304 (2) (b) 2. of the statutes is amended to read:
AB586,5,1310
29.304
(2) (b) 2.
Is He or she is enrolled in the course of instruction under the
11hunter education program and is carrying the firearm in a case and unloaded to or
12from that class or is handling or operating the firearm during that class under the
13supervision of an instructor.
AB586, s. 14
14Section
14. 29.304 (3) (title) of the statutes is amended to read:
AB586,5,1515
29.304
(3) (title)
Persons 14 to 16 and 15 years of age.
AB586, s. 15
16Section
15. 29.304 (3) (a) (intro.) of the statutes is amended to read:
AB586,5,1817
29.304
(3) (a)
Restrictions on hunting. (intro.) No person 14 years of age or
18older but under 16 years of age may hunt unless
he or she any of the following apply:
AB586, s. 16
19Section
16. 29.304 (3) (a) 1. of the statutes is amended to read:
AB586,5,2220
29.304
(3) (a) 1.
Is He or she is accompanied by
a his or her parent or guardian
21or by a person at least 18 years of age who is designated by the parent or guardian;
22or.
AB586, s. 17
23Section
17. 29.304 (3) (a) 2. of the statutes is amended to read:
AB586,6,224
29.304
(3) (a) 2.
Is He or she is issued a certificate of accomplishment that states
25that he or she successfully completed the course of instruction under the hunter
1education program or has a similar certificate issued by another state
or, province
,
2or country.
AB586, s. 18
3Section
18. 29.304 (3) (b) (intro.) of the statutes is amended to read:
AB586,6,64
29.304
(3) (b)
Restrictions on possession or control of a firearm. (intro.) No
5person 14 years of age or older but under 16 years of age may have in his or her
6possession or control any firearm unless
he or she
any of the following apply:
AB586, s. 19
7Section
19. 29.304 (3) (b) 1. of the statutes is amended to read:
AB586,6,98
29.304
(3) (b) 1.
Is He or she is accompanied by
a his or her parent or guardian
9or by a person at least 18 years of age who is designated by the parent or guardian;.
AB586, s. 20
10Section
20. 29.304 (3) (b) 2. of the statutes is amended to read:
AB586,6,1411
29.304
(3) (b) 2.
Is He or she is enrolled in the course of instruction under the
12hunter education program and is carrying the firearm in a case and unloaded to or
13from that class or is handling or operating the firearm during that class under the
14supervision of an instructor
; or.
AB586, s. 21
15Section
21. 29.304 (3) (b) 3. of the statutes is amended to read:
AB586,6,1816
29.304
(3) (b) 3.
Is He or she is issued a certificate of accomplishment that states
17that he or she completed the course of instruction under the hunter education
18program or has a similar certificate issued by another state
or, province
, or country.
AB586, s. 22
19Section
22. 29.304 (5) (title) of the statutes is amended to read:
AB586,6,2020
29.304
(5) (title)
Exception Exceptions.
AB586, s. 23
21Section
23. 29.304 (5) of the statutes is renumbered 29.304 (5) (a).
AB586, s. 24
22Section
24. 29.304 (5) (am) of the statutes is created to read:
AB586,7,223
29.304
(5) (am) Notwithstanding subs. (1) to (3), a person 10 years of age or
24older may hunt with a crossbow on land under the ownership of the person or the
25person's family if no license is required and the person is eligible for a crossbow
1permit under s. 29.171 (4) or a Class A, Class B, or Class C permit under s. 29.193
2(2) (c).
AB586, s. 25
3Section
25. 29.304 (5) (b) of the statutes is created to read:
AB586,7,74
29.304
(5) (b) The restrictions on the possession and control of a firearm under
5sub. (1) (b) do not apply to a person using a firearm in target practice if he or she is
6accompanied by his or her parent or guardian or by a person at least 18 years of age
7who is designated by the parent or guardian.
AB586, s. 26
8Section
26. 29.563 (2) (a) 4. of the statutes is amended to read:
AB586,7,109
29.563
(2) (a) 4. Small game issued to
12-year-olds 10-year-olds to
1017-year-olds: $7.25.
AB586, s. 27
11Section
27. 29.563 (4) (a) 1m. of the statutes is amended to read:
AB586,7,1312
29.563
(4) (a) 1m. Sports issued to
12-year-olds 10-year-olds to 17-year-olds:
13$33.25 or a greater amount at the applicant's option.
AB586, s. 28
14Section
28. 29.563 (4) (a) 2m. of the statutes is amended to read:
AB586,7,1615
29.563
(4) (a) 2m. Conservation patron issued to
12-year-olds 10-year-olds 16to 17-year-olds: $72.25 or a greater amount at the applicant's option.
AB586, s. 29
17Section
29. 29.563 (4) (b) 1m. of the statutes is amended to read:
AB586,7,1918
29.563
(4) (b) 1m. Sports issued to
12-year-olds 10-year-olds to 17-year-olds:
19$33.25 or a greater amount at the applicant's option.
AB586, s. 30
20Section
30. 29.563 (4) (b) 2m. of the statutes is amended to read:
AB586,7,2221
29.563
(4) (b) 2m. Conservation patron issued to
12-year-olds 10-year-olds 22to 17-year-olds: $72.25 or a greater amount at the applicant's option.
AB586, s. 31
23Section
31. 29.593 (1) (a) of the statutes is amended to read:
AB586,8,3
129.593
(1) (a) Except as provided under subs.
(1m), (2), (2m) and (3), no person
2born on or after January 1, 1973, may obtain any approval authorizing hunting
3unless the person is issued a certificate of accomplishment under s. 29.591.
AB586, s. 32
4Section
32. 29.593 (1m) of the statutes is created to read: