The Wisconsin Institute for Law & Liberty filed the lawsuit on behalf of Travis Kobs in Sheboygan County seeking to repeal a state rule enacted by the Department of Natural Resources in 1999 barring anglers from possessing firearms that could be used for the purpose of fishing.

Since then, the rule has prevented anglers from being able to carry any sort of firearm while they fish on the water and along banks and shores.

Kobs, according to the complaint, is an avid outdoorsman who also has a permit to conceal-carry a pistol for self-defense, which the regulation prevented him from doing while fishing.

The complaint also notes that musky fishing in Wisconsin can be dangerous, and until 1966, anglers often carried small guns to kill or incapacitate the fish before reeling them in. It also said Wisconsin’s rules regarding fishing with firearms are some of the most restrictive in the nation.

“The administrative rule, therefore, purportedly gives law enforcement officers ‘broad’ authority to arbitrarily ‘stop or arrest those who do possess guns near water for any reason.'”

According to court documents, acting DNR Secretary Steven Little agreed to repeal the rule through an expedited repeal process. If that process fails, the documents said, a formal repeal process will be initiated. In exchange, Kobs plans to voluntarily dismiss the case. The Department of Justice and the Gov. Tony Evers administration also assisted in the decision to repeal the rule.

Kobs has never received a citation for carrying his firearm while fishing, nor has he had need to shoot a musky, but Croy said this repeal is important for those on the water, bank or shore.

The DNR, however, said it hasn’t enforced the rule since the law regarding concealed firearms was passed in Wisconsin.

“Since the adoption of Wisconsin’s conceal and carry law, the department has not enforced the provision of Wisconsin’s administrative code that prohibits the possession or control of firearms, guns or similar devices that might be used for fishing while on any water, bank or shore,” spokesperson Molly Meister said in an email.

Anglers still won’t be able to use guns to shoot fish, Meister said. Only approved methods — such as a line and hook — can be used to actually harvest.

But they will be able to carry guns for protection.

“If you look up the percentage of Wisconsin that’s covered in water, it’s very substantial,” Croy said. “I think this will be good as it’ll make sure that when people are in the great outdoors, they’re able to properly defend themselves, whether its against animals or some human being that’s out there who wants to cause some trouble.”

Laura Schulte can be reached at [email protected] and on Twitter at @SchulteLaura.