Section 45.09. Firearms and hunting.

 

(1)  No person may take, catch, kill, hunt, trap or pursue any wild animal or bird, or discharge any firearm, or have in possession or under control any firearm or air gun as defined in s. 939.22 , Stats., unless it is unloaded and enclosed in a carrying case, or any bow, crossbow, slingshot or spring-load device designed for shooting a projectile unless the same is unstrung or enclosed in a carrying case while in any state park, fish hatchery, or within 100 yards of any state campground, picnic area or other special use area designated by the department by posted notice. No person may discharge a firearm, bow, crossbow, or airgun from, on, or across any state trail corridor or other state park area, which is not open to hunting.

(2)  Except for blinds used exclusively for waterfowl hunting as provided in s. 29.327 (2) , Stats., and s. NR 10.12 (12) , and except for blinds constructed entirely of dead vegetation found on the property, no person may do any of the following:

(a) Construct, occupy or use any elevated or ground blind or other elevated device except that portable tree stands and blinds may be used provided they are removed from the property each day at the close of hunting hours. Unoccupied tree stands shall have the owner's department customer identification number or the owner's name and address, written in the English language attached to the tree stand in a manner so it is clearly visible to a person standing on the ground, and kept legible at all times.

(b) Cause damage to trees by the placement or erection of portable tree stands or by any other manner while climbing or hunting from a tree.

(c) Hunt from any ground blind during any open season or special hunt for hunting deer with firearms unless the outside of the blind displays a minimum of 144 square inches of material that is a solid highly visible color commonly referred to as blaze orange, florescent orange, or florescent blaze orange, and is visible 360 degrees around the blind. Blinds that are left unoccupied shall have the owner's customer identification number or name and address written in the English language attached to the outside of the blind in a conspicuous location near the entrance to the blind and be kept legible at all times.

(3)  Nothing in this section shall prohibit the use of these weapons on designated target ranges within the areas listed in sub. (1) .

(4)  Nothing in this section shall prohibit:

(a) Hunting as authorized pursuant to s. 29.089 , Stats., and natural resources board determinations under s. 29.089 (1m) , Stats.

(b) Hunting in state parks as established in s. NR 10.275 or as otherwise specifically established by rule.

(c) Possession of uncased or loaded firearms, bows, crossbows or air guns while on foot and in route to a state park area where hunting is allowed. This paragraph does not allow the discharge of a firearm, bow, crossbow, or air gun from or across state park areas where hunting is not allowed.

(5)  No person may possess any loaded or uncased firearm or air gun while within the exterior boundary of state-owned lands posted with department signs in Dane, Dodge, Fond du Lac, Jefferson, Juneau, Kenosha, La Crosse, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sauk, Sheboygan, Walworth, Washington, Waukesha and Winnebago counties or on state forest lands in the Kettle Moraine or Point Beach state forests, state recreation areas, state natural areas or on state trails established on railroad grades, except as follows:

(a) While engaged in hunting in accordance with the open seasons established in s. NR 10.01 on the portions of properties where hunting is authorized.

(b) At target ranges designated by the department.

(c) While engaged in dog trials under department permit.

(d) While training dogs in designated areas under department permit.

(e) When paintball guns are approved pursuant to s. NR 45.04 (3) (u) .

(6)  The department may establish by posted notice firearm prohibition areas on and in the vicinity of the Zillmer and Scuppernong trails within the Kettle Moraine state forest except during the state deer gun and spring turkey hunting seasons. No person may possess any loaded or uncased firearm or air gun within these areas contrary to posted notice.

(7)  Unless authorized by the department, no person may pursue, drive or chase animals on lands subject to this chapter that are closed to hunting.

(10)  Except as provided under s. NR 10.275 , nothing in this section shall prohibit the possession of an uncased bow, cocked and unloaded crossbow or uncased and loaded firearm or air gun for the purpose of crossing the Glacial Drumlin state trail by the shortest route possible where it is adjacent to lands that are part of the Lake Mills Wildlife Area, Jefferson County.

(11)  Nothing in this section shall prohibit the possession of an uncased bow, cocked and unloaded cross bow, or uncased and loaded firearm or air gun for the purpose of crossing the travelled portion of the Ice Age Trail within State Ice Age Trail areas by the shortest route possible.

Cr. Register, December, 1983, No. 336 , eff. 1-1-84; am. (4) and (5) (intro.), Register, December, 1987, No. 384 , eff. 1-1-88; cr. (6), Register, May, 1993, No. 449 , eff. 6-1-93; am. (2) and (5) (intro.), Register, December, 1993, No. 456 , eff. 1-1-94; am. (2), Register, November, 1995, No. 479 , eff. 12-1-95; corrections in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1998, No. 515 ; am. (1) and (2), cr. (7), Register, December, 1999, No. 528 , eff. 1-1-00; CR 01-008 : am. (5) (intro.), Register November 2001 No. 551 , eff. 4-1-02; emerg. cr. (9), eff. 7-3-02; CR 03-016 : cr. (9) Register August 2003 No. 572 , eff. 9-1-03; CR 03-035 : am. (4), Register December 2003 No. 576 , eff. 1-1-04; CR 04-092 : am. (5) (intro.) and (a), cr. (10) Register April 2005 No. 592 , eff. 5-1-05; CR 05-017 : am. (2) Register October 2005 No. 598 , eff. 2-1-06; CR 05-102 : r. (10) Register June 2006 No. 606 , eff. 7-1-06; CR 05-086 : am. (4) Register June 2006 No. 606 , eff. 7-1-06; CR 06-037 : am. (2) Register June 2007 No. 618 , eff. 7-1-07; CR 07-015 : r. and recr. (2) Register September 2007 No. 621 , eff. 2-1-08; CR 08-011 : cr. (5) (e) Register September 2008 No. 633 , eff. 2-1-09; CR 10-042 : cr. (10), am. (5) (intro.) and (a) Register December 2010 No. 660 , eff. 1-1-11; CR 08-022 : am. (1), cr. (11) Register December 2010 No. 660 , eff. 1-1-11; CR 11-007 : am. (5) (intro.) Register October 2011 No. 670 , eff. 2-1-12; CR 13-108 : am. (1), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (c) Register August 2014 No. 704 , eff. 9-1-14; CR 13-071 : am. (1), r. (9) Register July 2015 No. 715 , eff. 8-1-15.