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2023 - 2024 LEGISLATURE
November 8, 2023 - Introduced by Representatives Tittl, Plumer, Brooks,
Edming, Gustafson, Murphy, Mursau, Rettinger, Schmidt, Sortwell and
VanderMeer, cosponsored by Senators Stafsholt, Felzkowski and Tomczyk.
Referred to Committee on Sporting Heritage.
AB633,1,12 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), 29.311 (1), 29.312 (2), 29.314 (3) (a), 29.324 (1)
5(b), 29.324 (1) (d), 29.341 (1), 29.345, 29.592 (1) (intro.), 29.621 (4) (intro.),
629.927 (6g), 29.971 (12), 66.0409 (1) (a), 167.31 (2) (c), 167.31 (2) (d), 167.31 (3)
7(b), 167.31 (3m) (a), 167.31 (4) (a) (intro.), 167.31 (4) (am) 1., 167.31 (4) (at),
8167.31 (4) (cg) (intro.), 167.31 (4) (cg) 4., 167.31 (4) (cg) 6., 167.31 (4) (e), 167.31
9(4) (f), 167.31 (4) (fm) and 167.31 (4) (h) (intro.); and to create 29.001 (7), 29.014
10(1u) and 167.31 (1) (am) of the statutes; relating to: hunting with an airgun,
11providing an exemption from emergency rule procedures, granting
12rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person may hunt a wild animal with an airgun in a season
open to hunting that animal with a firearm. “Airgun” is defined to mean a weapon

originally manufactured to expel one or more metal projectiles 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 an airgun. 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 an airgun.
Current law generally prohibits discharging a firearm from a vehicle or
aircraft, across a highway, within 50 feet of a highway, and in the direction of a
transmission facility. The bill expands these prohibitions to include discharging an
airgun.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB633,1 1Section 1 . 29.001 (7) of the statutes is created to read:
AB633,2,32 29.001 (7) “Airgun” means a weapon originally manufactured to expel one or
3more metal projectiles by the expansion of compressed air.
AB633,2 4Section 2 . 29.014 (1u) of the statutes is created to read:
AB633,2,75 29.014 (1u) (a) If the department establishes an open season for hunting an
6animal with a firearm, the season shall also be open for hunting that animal with an
7airgun.
AB633,2,128 (b) The department may promulgate rules limiting the types of airguns that
9may be used to hunt specific species during particular hunting seasons. If the
10department promulgates rules under this paragraph, the department shall allow the
11use of airguns and airgun ammunition that are similar to permitted firearms and
12firearm ammunition with regards to effectiveness for hunting.
AB633,3 13Section 3 . 29.016 (1) (b) of the statutes is amended to read:
AB633,3,3
129.016 (1) (b) Except as provided in subs. (2) and (3), establish a fall open
2season for hunting deer with firearms and airguns that begins before the Saturday
3immediately preceding the 4th Thursday in November.
AB633,4 4Section 4 . 29.016 (2) (intro.) of the statutes is amended to read:
AB633,3,85 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:
AB633,5 9Section 5 . 29.053 (3) of the statutes is amended to read:
AB633,3,1710 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).
AB633,6 18Section 6 . 29.089 (2) (intro.) of the statutes is amended to read:
AB633,3,2219 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:
AB633,7 23Section 7 . 29.091 (1) of the statutes is amended to read:
AB633,4,624 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".
AB633,8 7Section 8 . 29.091 (2) (intro.) of the statutes is amended to read:
AB633,4,108 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:
AB633,9 11Section 9 . 29.164 (2) (b) of the statutes is amended to read:
AB633,4,1312 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.
AB633,10 14Section 10. 29.173 (2) (a) of the statutes is amended to read:
AB633,4,1615 29.173 (2) (a) A resident deer hunting license authorizes the hunting of deer
16with a firearm, airgun, bow and arrow, or crossbow.
AB633,11 17Section 11 . 29.182 (3) (a) of the statutes is amended to read:
AB633,4,1918 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.
AB633,12 20Section 12 . 29.182 (3) (b) of the statutes is amended to read:
AB633,4,2221 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.
AB633,13 23Section 13 . 29.184 (3) (am) of the statutes is amended to read:
AB633,5,3
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.
AB633,14 4Section 14 . 29.184 (3) (c) of the statutes is amended to read:
AB633,5,65 29.184 (3) (c) Type of hunting authorized. A Class A bear license authorizes
6hunting with a firearm, airgun, bow and arrow, or crossbow.
AB633,15 7Section 15 . 29.185 (6) (a) 1. of the statutes is amended to read:
AB633,5,98 29.185 (6) (a) 1. A firearm or airgun, as authorized under par. (b), a bow and
9arrow, or a crossbow.
AB633,16 10Section 16 . 29.185 (6) (b) of the statutes is amended to read:
AB633,5,1511 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.
AB633,17 16Section 17 . 29.193 (2) (cr) 4. of the statutes is amended to read:
AB633,5,2017 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.
AB633,18 21Section 18 . 29.193 (2) (d) of the statutes is amended to read:
AB633,6,322 29.193 (2) (d) Assistance. 1. A holder of a Class A or Class B permit may be
23accompanied by a person who is not eligible to apply for a Class A or Class B permit.
24The accompanying 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.
AB633,6,94 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.
AB633,6,1710 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.
AB633,19 18Section 19. 29.211 (2) of the statutes is amended to read:
AB633,6,2019 29.211 (2) Authorization. A nonresident deer hunting license authorizes the
20hunting of deer with a firearm, airgun, bow and arrow, or crossbow.
AB633,20 21Section 20 . 29.311 (1) of the statutes is amended to read:
AB633,6,2422 29.311 (1) No person may hunt waterfowl or coots with any firearm or airgun
23using any shotshell classified by the federal government as toxic or harmful to
24wildlife or the environment.
AB633,21 25Section 21. 29.312 (2) of the statutes is amended to read:
AB633,7,5
129.312 (2) The department may not promulgate or enforce a rule that prohibits
2a person from sighting a firearm or airgun on land owned or leased by that person
3or a member of that person's immediate family during the 24-hour period prior to
4the opening date for hunting deer with firearms in any area where there is an open
5season for hunting deer with firearms.
AB633,22 6Section 22. 29.314 (3) (a) of the statutes is amended to read:
AB633,7,97 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
8light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
9possession of a firearm, airgun, bow and arrow, or crossbow.
AB633,23 10Section 23. 29.324 (1) (b) of the statutes is amended to read:
AB633,7,1311 29.324 (1) (b) “Group deer hunting party" means 2 or more hunters hunting in
12a group all using firearms or airguns, each of whom holds an individual license to
13hunt deer.
AB633,24 14Section 24. 29.324 (1) (d) of the statutes is amended to read:
AB633,7,1715 29.324 (1) (d) “Youth deer license" means a license that is issued by the
16department to a person who is under the age of 18 and that authorizes the hunting
17of deer with a firearm or airgun.
AB633,25 18Section 25 . 29.341 (1) of the statutes is amended to read:
AB633,7,2419 29.341 (1) Any person who, while hunting any wild animal or bird, discharges
20a firearm, airgun, or arrow, and by that discharge injures or kills another person,
21shall immediately give his or her name and address to the injured person, render
22assistance to the injured person and obtain immediate medical or hospital care for
23the injured person, and immediately report the injury or death to the sheriff or police
24of the locality in which the shooting took place.
AB633,26 25Section 26 . 29.345 of the statutes is amended to read:
AB633,8,9
129.345 Hunting, fishing or trapping accident; failure to report. (1)
2Every person who has caused or been involved in an accident in which a person has
3been injured by discharge of a firearm, airgun, or arrow while hunting, fishing, or
4trapping, or inflicted an injury upon himself or herself with a firearm , airgun, or with
5an
arrow while hunting, fishing, or trapping, shall render a report to the department
6at any of its field offices within 10 days after the injury unless the person is physically
7incapable of making the required report, in which event the person or persons
8involved in the accident shall designate an agent to file the report within the
9specified time.
AB633,8,15 10(2) Any person who is involved in an accident with a firearm, airgun, or arrow
11while hunting, fishing, or trapping, and who fails to submit the report required by
12this section, shall forfeit not more than $50. In addition, the court may revoke any
13license issued to the person under this chapter and may further provide that no
14license shall be issued to the person under this chapter for a fixed period of time
15specified by the court.
AB633,27 16Section 27. 29.592 (1) (intro.) of the statutes is amended to read:
AB633,8,1917 29.592 (1) (intro.) A person may hunt in this state without obtaining a
18certificate of accomplishment under s. 29.591 and may, while hunting, possess or
19control a firearm or an airgun if all of the following apply:
AB633,28 20Section 28 . 29.621 (4) (intro.) of the statutes is amended to read:
AB633,9,321 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner
22of a wildlife refuge, and no other person, may hunt or trap within the boundaries of
23any wildlife refuge or have in his or her possession or under his or her control in the
24wildlife refuge a gun, firearm, airgun, bow, or crossbow, unless the gun or, firearm,
25or airgun
is unloaded, the bow or crossbow is unstrung, and the gun, firearm, airgun,

1bow, or crossbow is enclosed within a carrying case. This subsection, as it relates to
2the possession or control of a loaded or unencased firearm or airgun, does not apply
3to any of the following:
AB633,29 4Section 29 . 29.927 (6g) of the statutes is amended to read:
AB633,9,75 29.927 (6g) Any lamp, light, gun, firearm, airgun, ammunition, bow, crossbow,
6bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated
7under s. 167.31.
AB633,30 8Section 30 . 29.971 (12) of the statutes is amended to read:
AB633,9,199 29.971 (12) In addition to any other penalty for violation of this chapter or any
10department order made under this chapter, the court may revoke any or all approvals
11granted under this chapter for a period of up to 3 years. If a person is convicted of
12reckless or highly negligent conduct in the operation or handling of a firearm, airgun,
13or bow and arrow in violation of s. 940.08, 940.24, or 941.20 and either death or bodily
14harm to another results from that violation, the court shall revoke every approval
15issued to that person under this chapter and shall provide a fixed period during
16which no new approval may be issued to the person. If no death or bodily harm to
17another results from the violation, the court may revoke any approval issued to that
18person under this chapter and may provide a fixed period during which no new
19approval may be issued to the person.
AB633,31 20Section 31 . 66.0409 (1) (a) of the statutes is amended to read:
AB633,9,2221 66.0409 (1) (a) “Firearm" has the meaning given in s. 167.31 (1) (c) and includes
22an airgun, as defined in s. 29.001 (7)
.
AB633,32 23Section 32. 167.31 (1) (am) of the statutes is created to read:
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