167.31(1)(fm)
(fm) "Street" means a highway that is within the corporate limits of a city or village.
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(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),
(bg),
(cg),
(e), and
(g), 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)(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)(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)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)(am)1.1. 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 in, on or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.
167.31(4)(am)2.
2. Subsection (2) (b) does not apply to a peace officer who places, possesses or transports a firearm in or on a vehicle, motorboat or aircraft while in the line of duty.
167.31(4)(am)3.
3. Subsection (2) (b) does not apply to a person employed as a peace officer who places, possesses or transports a firearm in or on a vehicle while traveling in the vehicle from his or her residence to his or her place of employment as a peace officer.
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 research license under
s. 169.25 or 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 license or permit was issued.
167.31(4)(bg)1.1. Subsection (2) (a),
(b),
(c), and
(d) does not apply to a state employee or agent, or to a federal employee or agent, who is acting within the scope of his or her employment or agency, who is authorized by the department of natural resources to take animals in the wild for the purpose of controlling the spread of disease in animals and who is hunting in an area designated by the department of natural resources as a chronic wasting disease eradication zone, except that this subdivision does not authorize the discharge of a firearm or the shooting of a bolt or arrow from a bow or crossbow across a state trunk highway, county trunk highway, or paved town highway.
167.31(4)(bg)1g.
1g. Subsection (2) (b) and
(c) does not apply to a landowner, a family member of the landowner, or an employee of the landowner who is using a firearm, bow, or crossbow to shoot wild animals from a farm tractor or an implement of husbandry on the landowner's land that is located in an area designated by the department of natural resources as a chronic wasting disease eradication zone.
167.31(4)(bg)1m.
1m. Subsection (3) (a) and
(b) does not apply to a state employee or agent or a federal employee or agent hunting an animal in the wild as authorized under
s. 29.307 (2).
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(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(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(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(4)(g)
(g) A person who is fishing with a bow and arrow may shoot an arrow from a bow within 50 feet of the center of a roadway if the person does not shoot the arrow from the roadway or across a highway.
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(5)(a)(a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons surcharge under
ch. 814 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 surcharge 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 surcharge under this subsection. If the deposit is forfeited, the amount of the weapons surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the amount of the weapons surcharge 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 surcharge as required under
s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under
s. 20.370 (3) (mu).
167.31 Cross-reference
Cross Reference: See also ss.
NR 10.001,
10.05, and
10.07, Wis. adm. code.
167.32
167.32
Safety at sporting events. 167.32(1)(a)
(a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
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)(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)(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(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.
