AB649: Bill Text

LRB-2743/1

ZDW:ahe

2017 - 2018 LEGISLATURE

2017 Assembly BILL 649

November 14, 2017 - Introduced by Representatives Kleefisch, Milroy, Mursau, Crowley, Horlacher, Thiesfeldt, Tittl and Bowen, cosponsored by Senator Moulton. Referred to Committee on Environment and Forestry.

AB649,1,9 An Act to amend 29.091 (1), 29.161 (2), 29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182 (3) (b), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185 (6) (b), 29.193 (2) (d), 29.204 (2), 29.207 (2), 29.211 (2), 29.213 (2), 29.304 (title), 29.304 (1) (a), 29.304 (1) (b), 29.304 (2) (b) (intro.), 29.304 (2) (b) 2., 29.304 (3) (b) (intro.), 29.304 (3) (b) 2., 29.304 (5) (a), 29.304 (5) (b) 2., 29.312 (2), 29.314 (3) (a), 29.314 (3) (b) 4., 29.314 (4) (a), 29.324 (1) (b), 29.324 (1) (c), 29.592 (1) (intro.), 29.592 (3) and 29.621 (4) (intro.); and to create 29.001 (5), 29.001 (41s) and 29.014 (1s) of the statutes; relating to: hunting with a high-powered air rifle or an airbow and providing a criminal penalty.

Analysis by the Legislative Reference Bureau

Under this bill, a person may hunt an animal with a high-powered air rifle or an airbow in a season open to hunting that animal with a firearm. The bill defines “high-powered air rifle” as a weapon originally manufactured to expel a projectile at a speed of not less than 1,000 feet per second by the expansion of compressed air. The bill defines “airbow” as a weapon originally manufactured to fire an arrow by the expansion of compressed air.

Under current law, the Department of Natural Resources is authorized to establish open and closed seasons for the hunting of wild animals. DNR issues hunting licenses that authorize the hunting of specified animals and those licenses specify the type of weapon that may be used when hunting under those licenses.

Under the bill, if DNR establishes an open season for hunting an animal with a firearm, the season must also be open for hunting that animal with a high-powered air rifle or an airbow. The bill also provides that each license that currently authorizes the hunting of an animal with a firearm also authorizes the hunting of that animal with a high-powered air rifle or an airbow.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB649,1 Section 1. 29.001 (5) of the statutes is created to read:

AB649,2,3 29.001 (5) “Airbow” means a weapon originally manufactured to fire an arrow by the expansion of compressed air, but does not include an airgun.

AB649,2 Section 2. 29.001 (41s) of the statutes is created to read:

AB649,2,7 29.001 (41s) “High-powered air rifle” means a weapon originally manufactured to expel a projectile at a speed of not less than 1,000 feet per second by the expansion of compressed air, but does not include an airgun.

AB649,3 Section 3. 29.014 (1s) of the statutes is created to read:

AB649,2,11 29.014 (1s) If the department establishes an open season for hunting an animal with a firearm, the season shall also be open for hunting that animal with a high-powered air rifle or an airbow.

AB649,4 Section 4 . 29.091 (1) of the statutes is amended to read:

AB649,3,3 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, high-powered air rifle, airbow, bow, or crossbow unless the gun or, firearm, high-powered air rifle, or airbow is unloaded, the bow or crossbow is unstrung, and the gun, firearm, high-powered air rifle, airbow, bow, or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words “Wisconsin Wildlife Refuge".

AB649,5 Section 5 . 29.161 (2) of the statutes is amended to read:

AB649,3,6 29.161 (2) A resident small game hunting license authorizes hunting with a firearm, airgun, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,6 Section 6 . 29.164 (2) (b) of the statutes is amended to read:

AB649,3,10 29.164 (2) (b) Type of hunting authorized. A license issued under this section authorizes hunting with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,7 Section 7. 29.173 (2) (a) of the statutes is amended to read:

AB649,3,13 29.173 (2) (a) A resident deer hunting license authorizes the hunting of deer with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,8 Section 8 . 29.182 (3) (a) of the statutes is amended to read:

AB649,3,17 29.182 (3) (a) A resident elk hunting license authorizes a resident of this state to hunt elk with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,9 Section 9 . 29.182 (3) (b) of the statutes is amended to read:

AB649,3,21 29.182 (3) (b) A nonresident elk hunting license authorizes a nonresident of this state to hunt elk with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,10 Section 10 . 29.184 (3) (c) of the statutes is amended to read:

AB649,3,24 29.184 (3) (c) Type of hunting authorized. A Class A bear license authorizes hunting with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,11 Section 11 . 29.185 (6) (a) 1. of the statutes is amended to read:

AB649,4,2 29.185 (6) (a) 1. A firearm or a high-powered air rifle, as authorized under par. (b), an airbow, a bow and arrow, or a crossbow.

AB649,12 Section 12 . 29.185 (6) (b) of the statutes is amended to read:

AB649,4,8 29.185 (6) (b) Firearms and ammunition. A wolf harvesting license authorizes hunting with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs or shotshells, a high-powered air rifle, and any other firearm that is loaded with a single slug or ball. A wolf harvesting license authorizes hunting with shot that is larger than size BB.

AB649,13 Section 13 . 29.193 (2) (d) of the statutes is amended to read:

AB649,4,16 29.193 (2) (d) 1. A holder of a Class A or Class B permit may be accompanied by a person who is not eligible to apply for a Class A or Class B permit. The accompanying person may not hunt or carry a firearm, high-powered air rifle, airbow, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder.

AB649,4,23 2. A holder of a Class C permit shall be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, high-powered air rifle, airbow, bow, or crossbow unless the person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person may include sighting the firearm, high-powered air rifle, airbow, bow, or crossbow, identifying the game, and field dressing, tagging, and retrieving game for the permit holder.

AB649,5,7 3. A holder of a Class D permit may use an adaptive device, as authorized by the department by rule, to facilitate the use of a firearm and may be accompanied by a person who is not eligible to apply for a permit under this section. The accompanying person may not hunt or carry a firearm, high-powered air rifle, airbow, bow, or crossbow unless that person has been issued the appropriate approval to do so. The assistance rendered by an accompanying person who has not been issued the appropriate approval is limited to field dressing, tagging, and retrieving game for the permit holder and any other assistance authorized by the department by rule.

AB649,14 Section 14 . 29.204 (2) of the statutes is amended to read:

AB649,5,11 29.204 (2) A nonresident annual small game hunting license authorizes hunting with a firearm, high-powered air rifle, airgun, airbow, bow and arrow, or crossbow.

AB649,15 Section 15 . 29.207 (2) of the statutes is amended to read:

AB649,5,14 29.207 (2) A nonresident 5-day small game hunting license authorizes hunting with a firearm, high-powered air rifle, airgun, airbow, bow and arrow, or crossbow.

AB649,16 Section 16. 29.211 (2) of the statutes is amended to read:

AB649,5,18 29.211 (2) Authorization. A nonresident deer hunting license authorizes the hunting of deer with a firearm, high-powered air rifle, airbow, bow and arrow, or crossbow.

AB649,17 Section 17 . 29.213 (2) of the statutes is amended to read:

AB649,5,22 29.213 (2) A nonresident fur-bearing animal hunting license authorizes hunting with a firearm, high-powered air rifle, airgun, airbow, bow and arrow, or crossbow.

AB649,18 Section 18 . 29.304 (title) of the statutes is amended to read:

AB649,5,25 29.304 (title) Restrictions on hunting and use of firearms, high-powered air rifles, and airbows by persons under 16 years of age.