2023 Wisconsin Statutes & Annotations › Chapter 167 - Safeguards of persons and property. › 167.31 - Safe use and transportation of firearms and bows.

167.31
Safe use and transportation of firearms and bows.
(1)
Definitions. In this section:
(a)
“Aircraft" has the meaning given under s. 114.002 (3).
(b)
“Encased" means enclosed in a case that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
(bg)
“Family member of the landowner" means a person who is related to the landowner as a parent, child, spouse, or sibling.
(bn)
“Farm tractor" has the meaning given in s. 340.01 (16).
(c)
“Firearm" means a weapon that acts by force of gunpowder.
(cm)
“Handgun" has the meaning given in s. 175.60 (1) (bm).
(d)
“Highway" has the meaning given under s. 340.01 (22).
(dm)
“Implement of husbandry" has the meaning given in s. 340.01 (24).
(e)
“Motorboat" has the meaning given under s. 30.50 (6).
(em)
“Peace officer" has the meaning given in s. 939.22 (22).
(et)
“Private security person" has the meaning given in s. 440.26 (1m).
(f)
“Roadway" has the meaning given under s. 340.01 (54).
(fg)
“Stationary" means not moving, regardless of whether the motor is running.
(fm)
“Street" means a highway that is within the corporate limits of a city or village.
(fr)
“Transmission facility" means any pipe, pipeline, duct, wire, cable, line, conduit, pole, tower, equipment, or other structure used to transmit or distribute electricity to or for the public or to transmit or distribute communications or data to or from the public.
(g)
“Unloaded" means any of the following:
1.
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
2.
In the case of a cap lock muzzle-loading firearm, having the cap removed.
3.
In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.
4.
In the case of an electronic ignition muzzle-loading firearm, having the battery removed and disconnected from the firearm.
(h)
“Vehicle" has the meaning given in s. 340.01 (74), but includes a snowmobile, as defined in s. 340.01 (58a), an all-terrain vehicle, as defined in s. 340.01 (2g), an electric scooter, as defined in s. 340.01 (15ps), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m) “vehicle" has the meaning given for “motor vehicle" in s. 29.001 (57).
(2)
Prohibitions; motorboats and vehicles; highways and roadways.
(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 one of the following applies:
1.
The firearm is unloaded or is a handgun.
2.
The bow does not have an arrow nocked.
3.
The crossbow is not cocked or is unloaded.
(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 one of the following applies:
1.
The firearm is unloaded or is a handgun.
2.
The bow does not have an arrow nocked.
3.
The crossbow is not cocked or is unloaded.
(c)
Except as provided in sub. (4), no person may load a firearm, other than a handgun, in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(d)
Except as provided in sub. (4) (a), (bg), (cg), (e), (fm), 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.
(e)
A person who violates pars. (a) to (d) is subject to a forfeiture of not more than $100.
(3)
Prohibitions; aircraft.
(a)
Except as provided in sub. (4), no person may do any of the following:
1.
Place, possess, or transport a firearm, bow, or crossbow in or on a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
2.
Place, possess, or transport a firearm, bow, or crossbow in or on a noncommercial aircraft, unless the firearm is unloaded and encased or the firearm is a handgun or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(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.
(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.
(3m)
Prohibitions; transmission facilities.
(a)
Except as provided in sub. (4) (b) and (h), no person may intentionally discharge a firearm in the direction of a transmission facility.
(b)
A person who violates par. (a) and causes damage to a transmission facility is subject to a forfeiture of not more than $100.
(c)
In addition to any forfeiture imposed under par. (b), the court shall revoke any hunting license under ch. 29 that is issued to the person found in violation for a period of one year.
(d)
In addition to any forfeiture imposed under par. (b) and the revocation required under par. (c), the court shall enter a restitution order that requires the defendant to pay to the owner of the transmission facility the reasonable cost of the repair or replacement of the transmission facility.
(4)
Exceptions.
(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:
2.
A member of the U.S. armed forces.
3.
A member of the national guard.
4.
A private security person who meets all of the following requirements:
a.
He or she holds either a private detective license issued under s. 440.26 (2) (a) 2. or a private security permit issued under s. 440.26 (5).
b.
He or she holds a certificate of proficiency to carry a firearm issued by the department of safety and professional services.
c.
He or she is performing his or her assigned duties or responsibilities.
d.
He or she is wearing a uniform that clearly identifies him or her as a private security person.
e.
His or her firearm is in plain view, as defined by rule by the department of safety and professional services.
(ag)
Subsection (2) (b) does not apply to a firearm, bow, or crossbow that is placed or possessed on a vehicle that is stationary.
(am)
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.
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.
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.
(at)
Subsections (2) (c) and (d) and (3) (b) do not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.
(b)
Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) 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.
(bg)
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.
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.
2.
This paragraph does not apply after June 30, 2010.
(bn)
Subsection (2) (a) does not apply to a person using a bow or a crossbow for fishing from a motorboat.
(bt)
Subsection (2) (b) does not apply to the placement, possession, or transportation of an unloaded firearm in or on a vehicle if all of the following apply:
1.
The vehicle is a self-propelled motor vehicle with 4 rubber-tired wheels.
2.
The vehicle is not certified by the manufacturer for on-road use.
3.
The vehicle is not an all-terrain vehicle, as defined in s. 340.01 (2g).
4.
The vehicle is being used to transport individuals involved in sport shooting activities at sport shooting ranges, as defined in s. 895.527 (1), and is not being used to transport individuals involved in hunting.
5.
The vehicle is being operated entirely on private property and is not being operated in the right-of-way of any highway.
(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.
(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:
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.
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.
3.
The holder of the permit is not hunting game to fill the tag of another person.
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.
5.
The vehicle bears special registration plates issued under s. 341.14 (1), (1a), (1e), or (1m) or displays a sign that is at least 11 inches square on which is conspicuously written “disabled hunter".
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.
(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).
(co)
For purposes of par. (cg), a person may stop a vehicle off the roadway on the left side of the highway.
(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).
(d)
Subsection (2) (b) does not prohibit a person from leaning an unloaded firearm against a vehicle.
(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.
(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).
(fm)
Subsection (2) (d) does not prohibit the department of natural resources, acting under s. 29.885, or an agent of a city, village, town, or county authorized by the department of natural resources under s. 29.885 from discharging a firearm within 50 feet of the center of a roadway in order to dispose of a beaver or muskrat that is causing damage to a highway in which the roadway is located if the discharge does not pose a risk to public safety.
(g)
A person who is fishing with a bow and arrow may shoot an arrow from a bow, and a person who is fishing with a crossbow may shoot a bolt from a crossbow, within 50 feet of the center of a roadway if the person does not shoot the arrow or bolt from the roadway or across a highway.
(h)
Subsection (3m) does not apply to any of the following who discharge a firearm in the direction of a transmission facility:
1.
A member of the armed forces in the line of duty.
2.
A member of the national guard in the line of duty.
3.
A peace officer in the line of duty.
4.
A private security person who meets all of the requirements under par. (a) 4.
(i)
Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary nonmotorized vehicle that is not attached to a motor vehicle.
(j)
Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary motor vehicle if the person is hunting from a part of the vehicle or a piece of equipment attached to the vehicle that is raised by mechanical means not fewer than 5 feet above the ground or above the lowered resting position of the part or piece of equipment, whichever is higher.
(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).
(5)
Weapons surcharge.
(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 percent of the amount of the fine or forfeiture.
(b)
If a fine or forfeiture is suspended in whole or in part, the weapons surcharge shall be reduced in proportion to the suspension.
(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.
(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).
History:  1985 a. 36; 1987 a. 27, 353; 1991 a. 77; 1993 a. 147; 1995 a. 122, 201; 1997 a. 248, 249; 1999 a. 32, 158; 2001 a. 8, 56, 90, 108; 2003 a. 33, 139, 326; 2005 a. 169, 253, 286, 345; 2007 a. 97; 2009 a. 246; 2011 a. 32, 35, 51, 180, 265; 2017 a. 171; 2019 a. 11, 98; 2021 a. 62; 2021 a. 238 s. 44.
Sub. (2) (b) and s. 941.23 (2) are not in conflict. The defendant could have complied with both by either obtaining a license to carry a concealed weapon under s. 175.60 or by placing the loaded handgun out of reach. State v. Grandberry, 2018 WI 29, 380 Wis. 2d 541, 910 N.W.2d 214, 16-0173.