167.31 (1) (am) “Airgun” has the meaning given in s. 29.001 (7).
115,33
Section
33. 167.31 (2) (c) of the statutes is amended to read:
167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
115,34
Section
34. 167.31 (2) (d) of the statutes, as affected by 2023 Wisconsin Act 51, is amended to read:
167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), (g), and (k), no person may discharge a firearm or airgun 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.
115,35
Section
35. 167.31 (3) (b) of the statutes is amended to read:
167.31 (3) (b) Except as provided in sub. (4), no person may load or discharge a firearm or airgun or shoot a bolt or an arrow from a bow or crossbow in or from an aircraft.
115,36
Section
36. 167.31 (3m) (a) of the statutes is amended to read:
167.31 (3m) (a) Except as provided in sub. (4) (b) and (h), no person may intentionally discharge a firearm or airgun in the direction of a transmission facility.
115,37
Section
37. 167.31 (4) (a) (intro.) of the statutes is amended to read:
167.31 (4) (a) (intro.) 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 or airgun in, on or from a vehicle, motorboat or aircraft or discharge a firearm or airgun from or across a highway or within 50 feet of the center of a roadway:
115,38
Section
38. 167.31 (4) (am) 1. of the statutes is amended to read:
167.31 (4) (am) 1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm or airgun in, on or from a vehicle, motorboat or aircraft or discharges a firearm or airgun from or across a highway or within 50 feet of the center of a roadway.
115,39
Section
39. 167.31 (4) (at) of the statutes is amended to read:
167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b) do not apply to the discharge of a firearm or airgun if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.
115,40
Section
40. 167.31 (4) (cg) (intro.) of the statutes is amended to read:
167.31 (4) (cg) (intro.) 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 airgun or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:
115,41
Section
41. 167.31 (4) (cg) 4. of the statutes is amended to read:
167.31 (4) (cg) 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 airgun or shoot a bolt or an arrow.
115,42
Section
42. 167.31 (4) (cg) 6. of the statutes is amended to read:
167.31 (4) (cg) 6. The holder of the permit discharges the firearm or airgun or shoots the bolt or arrow away from and not across or parallel to the roadway.
115,43
Section
43. 167.31 (4) (e) of the statutes is amended to read:
167.31 (4) (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 firearm or airgun 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.
115,44
Section
44. 167.31 (4) (f) of the statutes is amended to read:
167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm or airgun within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).
115,45
Section
45. 167.31 (4) (fm) of the statutes is amended to read:
167.31 (4) (fm) Subsection (2) (d) does not prohibit the department of natural resources, acting under s. 29.885, or an agent of a city, village, town, or county authorized by the department of natural resources under s. 29.885 from discharging a firearm or airgun within 50 feet of the center of a roadway in order to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.
115,46
Section
46. 167.31 (4) (h) (intro.) of the statutes is amended to read:
167.31 (4) (h) (intro.) Subsection (3m) does not apply to any of the following who discharge a firearm or airgun in the direction of a transmission facility:
115,47
Section 47
.
Nonstatutory provisions.
(1) The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 29.014 (1u) (b) for the period before the date on which permanent rules under s. 29.014 (1u) (b) take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the permanent rules take effect. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.
