**Wisconsin’s Waterfront Gun Ban Faces Legal Challenge**
By Benjamin Yount | June 8, 2024, 6:38 p.m. ET
In a groundbreaking move, the Wisconsin Institute for Law and Liberty (WILL) has initiated a lawsuit against the state’s Department of Natural Resources (DNR), challenging a 1999 rule that prohibits the carrying of firearms near bodies of water. This regulation, originally aimed at preventing fishermen from using guns to catch musky fish, is now under scrutiny for its broader implications on gun rights.
The legal action, filed earlier this week, argues that the DNR’s enforcement of the rule overextends its original intent, effectively banning guns in proximity to lakes, rivers, and other water bodies. WILL Associate Counsel Skylar Croy emphasized the constitutional rights at stake, stating, “Our client is entitled to exercise his constitutional rights without fearing unlawful enforcement. We request that the DNR correct its administrative rule to restore the individual liberties our constitution safeguards.”
Travis Kobs, the plaintiff represented by WILL, expressed his frustration, noting that the rule restricts his ability to carry a firearm for self-defense, especially in state parks featuring bodies of water. “I just want to have the ability to protect myself, and responsibly carry a firearm, which I have been doing lawfully in Wisconsin for over 6 years,” Kobs said. He further highlighted the importance of the Second Amendment, advocating for its application across all settings to protect the rights of Wisconsin sportsmen.
The lawsuit sheds light on the historical context of the regulation, pointing out that until 1966, Wisconsin allowed the use of small-caliber pistols for fishing. However, the DNR’s 1999 expansion of the rule to prohibit the possession of firearms, not just their use for fishing, marks a significant departure from past practices.
Described as a “novel late-20th century regulatory invention” by the lawsuit, the DNR’s gun ban is criticized for granting law enforcement excessive discretion to stop or arrest individuals carrying guns near water for any reason. WILL is now seeking a judicial review in Sheboyan County, aiming to overturn the DNR’s rule and restore the constitutional rights of Wisconsin’s residents.
As the case progresses, it promises to ignite a significant debate on gun rights and regulatory overreach, potentially setting a precedent for how firearms regulations are interpreted and enforced in relation to natural resources and recreational activities.