AB649-ASA1,1,9 1An Act to amend 29.016 (1) (b), 29.016 (2) (intro.), 29.053 (3), 29.089 (2) (intro.),
229.091 (1), 29.091 (2) (intro.), 29.164 (2) (b), 29.173 (2) (a), 29.182 (3) (a), 29.182
3(3) (b), 29.184 (3) (am), 29.184 (3) (c), 29.185 (6) (a) 1., 29.185 (6) (b), 29.193 (2)
4(cr) 4., 29.193 (2) (d), 29.211 (2), 29.304 (title), 29.311, 29.312 (2), 29.314 (3) (b)
54., 29.324 (1) (b), 29.324 (1) (d), 29.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4)
6(intro.), 29.927 (6g), 29.971 (12) and 66.0409 (1) (a); and to create 29.001 (5),
729.001 (7), 29.014 (1u), 29.304 (6) and 29.314 (6m) of the statutes; relating to:
8hunting with an airgun, providing an exemption from emergency rule
9procedures, granting rule-making authority, and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under this substitute amendment, a person may hunt an animal with a .30
caliber or larger airgun in a season open to hunting that animal with a firearm. The
substitute amendment defines “airgun” as a weapon originally manufactured to
expel one or more projectiles by the expansion of compressed air, including an airbow.
“Airbow” is defined as a weapon originally designed 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 substitute amendment, 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 .30 caliber or larger airgun. The substitute amendment also provides
that each license that currently authorizes the hunting of an animal with a firearm
also authorizes the hunting of that animal with an airgun.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB649-ASA1,1 1Section 1 . 29.001 (5) of the statutes is created to read:
AB649-ASA1,2,32 29.001 (5) “Airbow” means a weapon originally designed to fire an arrow by the
3expansion of compressed air.
AB649-ASA1,2 4Section 2 . 29.001 (7) of the statutes is created to read:
AB649-ASA1,2,65 29.001 (7) “Airgun” means a weapon originally manufactured to expel one or
6more projectiles by the expansion of compressed air. “Airgun” includes an airbow.
AB649-ASA1,3 7Section 3 . 29.014 (1u) of the statutes is created to read:
AB649-ASA1,2,108 29.014 (1u) (a) If the department establishes an open season for hunting an
9animal with a firearm, the season shall also be open for hunting that animal with a
10.30 caliber or larger airgun.
AB649-ASA1,2,1511 (b) The department may promulgate rules limiting the types of airguns that
12may be used to hunt specific species during particular hunting seasons. If the
13department promulgates rules under this paragraph, the department shall allow the
14use of airguns and airgun ammunition that are similar to permitted firearms and
15firearm ammunition with regards to effectiveness for hunting.
AB649-ASA1,4 16Section 4 . 29.016 (1) (b) of the statutes is amended to read:
AB649-ASA1,3,3
129.016 (1) (b) Except as provided in sub. (2), establish a fall open season for
2hunting deer with firearms and airguns that begins before the Saturday
3immediately preceding the 4th Thursday in November.
AB649-ASA1,5 4Section 5 . 29.016 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,3,85 29.016 (2) (intro.) Subsection (1) (b) does not prohibit the department from
6promulgating a rule that establishes a fall open season for hunting deer with
7firearms and airguns that begins before the Saturday immediately preceding the 4th
8Thursday in November if any of the following applies:
AB649-ASA1,6 9Section 6 . 29.053 (3) of the statutes is amended to read:
AB649-ASA1,3,1710 29.053 (3) The department may modify any requirement of this chapter or
11rules promulgated under it, establish special seasons, authorize the use of special
12equipment or take any other action in order to provide additional hunting and fishing
13opportunities for persons who are physically disabled or visually handicapped. The
14department may limit the number of persons involved, except that if the department
15establishes a special season for hunting deer with firearms and airguns for persons
16who are physically disabled, the season shall be open to persons who have been
17issued a Class D permit under s. 29.193 (2).
AB649-ASA1,7 18Section 7 . 29.089 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,3,2219 29.089 (2) (intro.) No person may have in his or her possession or under his or
20her control a firearm or airgun on land located in state fish hatcheries unless the
21firearm or airgun is unloaded and enclosed within a carrying case. This subsection
22does not apply to any of the following:
AB649-ASA1,8 23Section 8 . 29.091 (1) of the statutes is amended to read:
AB649-ASA1,4,624 29.091 (1) No person may hunt or trap within any wildlife refuge established
25under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession

1or control of any gun, firearm, airgun, bow, or crossbow unless the gun or , firearm,
2or airgun
is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,
3bow, or crossbow is enclosed within a carrying case. The taking of predatory game
4birds and animals shall be done as the department directs. All state wildlife refuge
5boundary lines shall be marked by posts placed at intervals of not over 500 feet and
6bearing signs with the words “Wisconsin Wildlife Refuge".
AB649-ASA1,9 7Section 9 . 29.091 (2) (intro.) of the statutes is amended to read:
AB649-ASA1,4,108 29.091 (2) (intro.) The prohibition in sub. (1), as it relates to the possession or
9control of a loaded or unencased gun or, firearm, or airgun within a refuge
10established under s. 23.09 (2) (b), does not apply to any of the following:
AB649-ASA1,10 11Section 10 . 29.164 (2) (b) of the statutes is amended to read:
AB649-ASA1,4,1312 29.164 (2) (b) Type of hunting authorized. A license issued under this section
13authorizes hunting with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,11 14Section 11. 29.173 (2) (a) of the statutes is amended to read:
AB649-ASA1,4,1615 29.173 (2) (a) A resident deer hunting license authorizes the hunting of deer
16with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,12 17Section 12 . 29.182 (3) (a) of the statutes is amended to read:
AB649-ASA1,4,1918 29.182 (3) (a) A resident elk hunting license authorizes a resident of this state
19to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,13 20Section 13 . 29.182 (3) (b) of the statutes is amended to read:
AB649-ASA1,4,2221 29.182 (3) (b) A nonresident elk hunting license authorizes a nonresident of
22this state to hunt elk with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,14 23Section 14 . 29.184 (3) (am) of the statutes is amended to read:
AB649-ASA1,5,3
129.184 (3) (am) Evidence of bear hunting. The fact that a person is observing
2a bear while possessing a firearm or airgun is not sufficient evidence to prove that
3the person holding the firearm or airgun is hunting bear.
AB649-ASA1,15 4Section 15 . 29.184 (3) (c) of the statutes is amended to read:
AB649-ASA1,5,65 29.184 (3) (c) Type of hunting authorized. A Class A bear license authorizes
6hunting with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,16 7Section 16 . 29.185 (6) (a) 1. of the statutes is amended to read:
AB649-ASA1,5,98 29.185 (6) (a) 1. A firearm or airgun, as authorized under par. (b), a bow and
9arrow, or a crossbow.
AB649-ASA1,17 10Section 17 . 29.185 (6) (b) of the statutes is amended to read:
AB649-ASA1,5,1511 29.185 (6) (b) Firearms and ammunition. A wolf harvesting license authorizes
12hunting with a rifle, a muzzle-loading firearm, a handgun, a shotgun that fires slugs
13or shotshells, an airgun, and any other firearm that is loaded with a single slug or
14ball. A wolf harvesting license authorizes hunting with shot that is larger than size
15BB.
AB649-ASA1,18 16Section 18 . 29.193 (2) (cr) 4. of the statutes is amended to read:
AB649-ASA1,5,2017 29.193 (2) (cr) 4. A person holding a current resident or nonresident deer
18hunting license and a Class D permit may hunt deer of either sex with a firearm or
19airgun
only during a special season established by the department that is open for
20hunting deer with firearms by disabled persons who hold a permit under this section.
AB649-ASA1,19 21Section 19 . 29.193 (2) (d) of the statutes is amended to read:
AB649-ASA1,6,322 29.193 (2) (d) 1. A holder of a Class A or Class B permit may be accompanied
23by a person who is not eligible to apply for a Class A or Class B permit. The
24accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
25unless that person has been issued the appropriate approval to do so. The assistance

1rendered by an accompanying person who has not been issued the appropriate
2approval is limited to field dressing, tagging, and retrieving game for the permit
3holder.
AB649-ASA1,6,94 2. A holder of a Class C permit shall be accompanied by a person who is not
5eligible to apply for a permit under this section. The accompanying person may not
6hunt or carry a firearm, airgun, bow, or crossbow unless the person has been issued
7the appropriate approval to do so. The assistance rendered by an accompanying
8person may include sighting the firearm, airgun, bow, or crossbow, identifying the
9game, and field dressing, tagging, and retrieving game for the permit holder.
AB649-ASA1,6,1710 3. A holder of a Class D permit may use an adaptive device, as authorized by
11the department by rule, to facilitate the use of a firearm or an airgun and may be
12accompanied by a person who is not eligible to apply for a permit under this section.
13The accompanying person may not hunt or carry a firearm, airgun, bow, or crossbow
14unless that person has been issued the appropriate approval to do so. The assistance
15rendered by an accompanying person who has not been issued the appropriate
16approval is limited to field dressing, tagging, and retrieving game for the permit
17holder and any other assistance authorized by the department by rule.
AB649-ASA1,20 18Section 20. 29.211 (2) of the statutes is amended to read:
AB649-ASA1,6,2019 29.211 (2) Authorization. A nonresident deer hunting license authorizes the
20hunting of deer with a firearm, airgun, bow and arrow, or crossbow.
AB649-ASA1,21 21Section 21 . 29.304 (title) of the statutes is amended to read:
AB649-ASA1,6,23 2229.304 (title) Restrictions on hunting and use of firearms and airguns
23by persons under 16 years of age.
AB649-ASA1,22 24Section 22 . 29.304 (6) of the statutes is created to read:
AB649-ASA1,7,2
129.304 (6) Rules. The department may promulgate rules specifying the types
2of airguns to which this section applies.
AB649-ASA1,23 3Section 23 . 29.311 of the statutes is amended to read:
AB649-ASA1,7,6 429.311 Shotshell restrictions. No person may hunt waterfowl or coots with
5any firearm or airgun using any shotshell classified by the federal government as
6toxic or harmful to wildlife or the environment.
AB649-ASA1,24 7Section 24. 29.312 (2) of the statutes is amended to read:
AB649-ASA1,7,128 29.312 (2) The department may not promulgate or enforce a rule that prohibits
9a person from sighting a firearm or airgun on land owned or leased by that person
10or a member of that person's immediate family during the 24-hour period prior to
11the opening date for hunting deer with firearms in any area where there is an open
12season for hunting deer with firearms.
AB649-ASA1,25 13Section 25 . 29.314 (3) (b) 4. of the statutes is amended to read:
AB649-ASA1,7,1614 29.314 (3) (b) 4. To the holder of a Class C permit issued under s. 29.193 (2) (c)
154. who uses a laser sighting device while hunting with a firearm, airgun, bow and
16arrow, or crossbow.
AB649-ASA1,26 17Section 26 . 29.314 (6m) of the statutes is created to read:
AB649-ASA1,7,1918 29.314 (6m) Rules. The department may promulgate rules specifying the
19types of airguns to which the general restrictions under subs. (3) (a) and (4) (a) apply.
AB649-ASA1,27 20Section 27. 29.324 (1) (b) of the statutes is amended to read:
AB649-ASA1,7,2321 29.324 (1) (b) “Group deer hunting party" means 2 or more hunters hunting in
22a group all using firearms or airguns, each of whom holds an individual license to
23hunt deer.
AB649-ASA1,28 24Section 28. 29.324 (1) (d) of the statutes, as created by 2017 Wisconsin Act 61,
25is amended to read:
AB649-ASA1,8,3
129.324 (1) (d) “Youth deer license" means a license that is issued by the
2department to a person who is under the age of 18 and that authorizes the hunting
3of deer with a firearm or airgun.
AB649-ASA1,29 4Section 29 . 29.341 (1) of the statutes is amended to read:
AB649-ASA1,8,105 29.341 (1) Any person who, while hunting any wild animal or bird, discharges
6a firearm, airgun, or arrow, and by that discharge injures or kills another person,
7shall immediately give his or her name and address to the injured person, render
8assistance to the injured person and obtain immediate medical or hospital care for
9the injured person, and immediately report the injury or death to the sheriff or police
10of the locality in which the shooting took place.
AB649-ASA1,30 11Section 30 . 29.345 of the statutes is amended to read:
AB649-ASA1,8,20 1229.345 Hunting, fishing or trapping accident; failure to report. (1)
13Every person who has caused or been involved in an accident in which a person has
14been injured by discharge of a firearm, airgun, or arrow while hunting, fishing, or
15trapping, or inflicted an injury upon himself or herself with a firearm , airgun, or with
16an
arrow while hunting, fishing, or trapping, shall render a report to the department
17at any of its field offices within 10 days after the injury unless the person is physically
18incapable of making the required report, in which event the person or persons
19involved in the accident shall designate an agent to file the report within the
20specified time.
AB649-ASA1,9,2 21(2) Any person who is involved in an accident with a firearm, airgun, or arrow
22while hunting, fishing, or trapping, and who fails to submit the report required by
23this section, shall forfeit not more than $50. In addition, the court may revoke any
24license issued to the person under this chapter and may further provide that no

1license shall be issued to the person under this chapter for a fixed period of time
2specified by the court.
AB649-ASA1,31 3Section 31 . 29.592 (1) (intro.) of the statutes, as affected by 2017 Wisconsin
4Act 62
, is amended to read:
AB649-ASA1,9,85 29.592 (1) (intro.) A person may hunt in this state without obtaining a
6certificate of accomplishment under s. 29.591 and may, while hunting, possess or
7control a firearm, or an airgun to which s. 29.304 applies under rules promulgated
8by the department,
if all of the following apply:
AB649-ASA1,32 9Section 32 . 29.621 (4) (intro.) of the statutes is amended to read:
AB649-ASA1,9,1710 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner
11of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
12any wildlife refuge or have in his or her possession or under his or her control in the
13wildlife refuge a gun, firearm, airgun, bow, or crossbow, unless the gun or, firearm,
14or airgun
is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,
15bow, or crossbow is enclosed within a carrying case. This subsection, as it relates to
16the possession or control of a loaded or unencased firearm or airgun, does not apply
17to any of the following:
AB649-ASA1,33 18Section 33 . 29.927 (6g) of the statutes is amended to read:
AB649-ASA1,9,2119 29.927 (6g) Any lamp, light, gun, firearm, airgun, ammunition, bow, crossbow,
20bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated
21under s. 167.31.
AB649-ASA1,34 22Section 34 . 29.971 (12) of the statutes is amended to read:
AB649-ASA1,9,2523 29.971 (12) In addition to any other penalty for violation of this chapter or any
24department order made under this chapter, the court may revoke any or all approvals
25granted under this chapter for a period of up to 3 years. If a person is convicted of

1reckless or highly negligent conduct in the operation or handling of a firearm, airgun,
2or bow and arrow in violation of s. 940.08, 940.24, or 941.20 and either death or bodily
3harm to another results from that violation, the court shall revoke every approval
4issued to that person under this chapter and shall provide a fixed period during
5which no new approval may be issued to the person. If no death or bodily harm to
6another results from the violation, the court may revoke any approval issued to that
7person under this chapter and may provide a fixed period during which no new
8approval may be issued to the person.
AB649-ASA1,35 9Section 35 . 66.0409 (1) (a) of the statutes is amended to read:
AB649-ASA1,10,1110 66.0409 (1) (a) “Firearm" has the meaning given in s. 167.31 (1) (c) and includes
11an airgun, as defined in s. 29.001 (7)
.
AB649-ASA1,36 12Section 36 . Nonstatutory provisions.
AB649-ASA1,10,2313 (1) The department of natural resources may use the procedure under section
14227.24 of the statutes to promulgate emergency rules under sections 29.014 (1u) (b),
1529.304 (6), and 29.314 (6m) of the statutes for the period before the date on which
16permanent rules under sections 29.014 (1u) (b), 29.304 (6), and 29.314 (6m) of the
17statutes take effect. Notwithstanding section 227.24 (1) (c) and (2) of the statutes,
18emergency rules promulgated under this subsection remain in effect until the
19permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the
20statutes, the department of natural resources is not required to provide evidence that
21promulgating rules under this subsection as emergency rules is necessary for the
22preservation of the public peace, health, safety, or welfare and is not required to
23provide a finding of emergency for rules promulgated under this subsection.
AB649-ASA1,37 24Section 37 . Effective dates. This act takes effect on September 1, 2018,
25except as follows:
AB649-ASA1,11,2
1(1) The treatment of sections 29.014 (1u) (b), 29.304 (6), and 29.314 (6m) of the
2statutes and Section 36 of this act take effect on the day after publication.
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