Frequently Asked Questions For Instructors During the Hunting Season

1. Convicted Felons and Hunter Education: How can a convicted felon take the hunter safety (education) course and not violate the restriction on handling weapons (firearms)?
   
   Convicted Felons may take the hunter education course legally as a student by acknowledging to the instructor that they are a felon. Each individual knows if they are a felon or not and it is their responsibility to let the instructor know. It is not the responsibility of the instructor to inquire if every student is a felon or not. When notified or if the instructor is aware a student is a felon they are to allow that person to handle a pellet gun, BB gun, or other non-firearm for any hands-on exercises. Another option is that the person verbalizes the proper methods and procedures when a firearm is handled (very similar to what we do for students that are disabled). This is how felons can take our hunter education course and graduate.
   
   
2. Broadheads for Archery Hunting: Can a bowhunter use primitive (stone, flint) broadheads for hunting and what size (width) must they be?
   
   Whether it was intentional or not, our rules (Administrative Codes) do not prohibit one from using primitive (stone, flint) broadheads or modern plastic broadheads. The wording for broadhead size only applies to metal broadheads. Additionally, broadhead size for metal broadheads (7/8 inch wide) only applies to Deer and Bear Hunting. Any other material used as a broadhead can be any size.
   
   
3. Hunter Education Certificates and Requirements to Possess : When does a person need to carry the Hunter Education Certificate with them?
   
   Anyone born on or after January 1, 1973, must be issued a hunter education certificate of accomplishment before they may obtain a hunting license (or any approval that authorizes hunting). A person may prove they have been issued a certificate of accomplishment by presenting:
   (a) His or her certificate of accomplishment.
   (b) A Wisconsin hunting license that was issued within 365 days.
   (c) A Wisconsin hunting license that was issued for a hunting season that ended within the prior 365 days .
   
   A person who is 14 or 15 years of age may hunt alone if he or she is issued a certificate of accomplishment for successfully completing a hunter education course in Wisconsin or has a similar certificate issued by another state or province. [s. 29.304(3)(a)]
   
   Note: The above excerpts of the statutes do not require the certificate be physically carried by the person while hunting, only that a person be issued one before they purchase a hunting license and before they can hunt alone if age 14 or 15 . If they have a license, they have already provided proof that they do hold a certificate.
   
   There are two situations that would require a person to carry their certificate with them while hunting (in Wisconsin). They are:
   1. When a person plans to use their certificate as authorization to kill and tag an antlerless deer with their regular gun deer carcass tag as a first year graduate without a hunter’s choice permit.
   2. When a person is a first year graduate that is using the certificate as their small game hunting license/approval.
   
   * When hunting outside Wisconsin a person must check with the jurisdiction they plan to hunt for specific requirements. Some other states and Canadian Provinces require the hunter to carry the hunter education certificate while hunting.
   
   
4. Handgun Hunting and the law : What are the regulations on the size caliber hand gun you may carry or hunt with during deer gun season?
   
   To be legal for deer hunting, a handgun must shoot centerfire cartridges of .22 caliber or larger and have a  5 1/2 inch minimum barrel length, measured from the firing pin to the muzzle with the action closed.
   
   When did the law changed?  It used to be a matter of foot pounds generated.  It came out to be a .357 magnum load was the smallest caliber allowed. The law was changed about 5 or 6 years ago (~ 1999 / 2000).  In the days when handgun hunting began in Wisconsin the calibers that most people used were the .357 mag, .41 mag, and .44 mag.  There simply were not many others that were popular.  Since that time however, technology surpassed what our original law intended to accomplish.  The Thompson Center and Thompson Contender, along with Remington XP 100's and the like all added to the confusion among our public.  As ammunition manufacturers created new loads for their handguns many became legal since a single load in a caliber met the legal standards (1,000 ft lbs of energy at the muzzle) of that time.  This was all very confusing to the public and to non gun aficionados (nuts).  It created a workload for our DNR frontline staff and our wardens.  So, we proposed a simple definition that anyone could understand; if you can use the caliber for deer hunting with a rifle then you can use it in a handgun.  That meant .22 centerfire or larger.  We have not received significant numbers of complaints from the public since the new law has been in place.  We are not seeing or hearing about significant numbers of wounded deer with handguns either.  That happens even with large caliber magnum rifles too.
   
   
5. Suppressed (silencers) Firearms: Is it legal to hunt with a suppressed firearm?
   
   That depends. The short answer is Yes…..if the hunter possesses a class III federal firearms license to own such devices. The use of a suppressed firearm (silencers) for hunting is illegal for anyone that does not possess such a federal license.
   
   Wisconsin law does not prohibit the use of a class three suppressed weapon for hunting. Federal Law controls the legal possession and use of a class three suppressed weapon. The individual and weapon must have proper verification and certification of compliance from the Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms. If the individual complies with all requirements of Wisconsin law, Wisconsin hunting regulations and Federal Law he may hunt with a class three suppressed weapon.
   
   
6. Possession of Firearms While Walking on a Roadway: Is it illegal to possess a loaded firearm when walking on a roadway?
   
   Simple possession of a firearm while walking along a roadway is not illegal. However, it is one of the pieces of what law enforcement calls “the totality of circumstances” which can lead to probable cause for an arrest. The arrest would be for hunting from a roadway. Hunting is defined broadly and pursuing game (such as being part of a deer drive) is hunting. Should a law enforcement officer find enough pieces within the totality of circumstances they may have enough probable cause to issue a citation for hunting from a roadway. The burden of proof of a violation is the responsibility of law enforcement. Possession of a firearm while walking on a roadway is not by itself enough (prima facia) evidence to issue a citation for hunting from a roadway.
   
   * It is important to remember that certain species may be hunted from a roadway if the roadway is dirt, sand or gravel and the firearm is a muzzleloader or a shotgun shooting fine shot. The above question most frequently comes from our public relative to gun deer hunting.
   
   
7. Loaded firearms after Hunting Hours End: Is it illegal to posses a loaded firearm after the shooting hours are over?
   
   There is no law for hunting that requires a person to unload their firearm when hunting hours have ended. It is legal to possess a loaded firearm when hunting hours are over……so long as the person is not hunting. See answer above in number 6.
   
   
8. Disabled Hunting Permits – Class A and B: What can they do and what are the limitations?
   
   The Department has a very nice pamphlet which explains in plain language what these permits allow. This information is also contained on our DNR Website at http://dnr.wi.gov/org/caer/cs/disabled.htm
   
   As you all know, Class A Disabled Hunting permits are issued for permanent disabilities. I’ve listed the statutory site that references what this permit authorizes. In this site you will see mention of shooting from a stationary vehicle. There are several requirements that have to be met when doing this:
   • must be either off the roadway and on private land where the hunter has permission…or
   • must be along a roadway other than a federal or state highway …and
   • must have either a sign in the window stating “Disabled Hunter” or a disabled license plate…and
   • must be legally parked and must shoot away from the roadway (plain English version)…and
   • must have permission from the landowner for the land they are hunting on.
     
     (cr) Authorization.
     1. A person holding a current resident or nonresident deer hunting license and a Class A or Class C permit may hunt deer of either sex with a firearm during any season open to hunting of deer with firearms that is established by the department.
     2. A Class A permit authorizes the holder to shoot or hunt from a stationary vehicle, to fish or troll as authorized under sub.(8m)(b) [sub. (1)(b)] and to hunt certain game with a crossbow as authorized under ss. 29.103(2)(ar), 29.104(2) and 29.117(2). [ss. 29.164 (2)(b) , 29.171(2) and 29.216(2)]
     3. A Class B permit authorizes the holder to use any of the hunting or fishing methods authorized in this chapter for a holder of a Class A permit that are specifically approved by the department for that Class B permit holder upon issuance or subsequent modification of the Class B permit.
     
     
   The Class B permit is for person with a temporary disability. Major surgery or casting of a limb qualifies for this. It is also for persons that do not yet meet the standards of the Class A permit requirements but have significant disabilities (multiple sclerosis is an example). They can do what the permit issued says they can do (specified on each individual permit ). The Class B permit holder is allowed to hunt from a stationary vehicle under the same restrictions as a Class A permit holder. However, a Class B permit holder may not take a deer of either sex . (This is from publication WM-352)
   
   Please use either the pamphlet or the DNR website for more detailed information.
   
9. Alternative Hunter Education Certification Programs (CD-ROM and Internet): What is the alternative CD-ROM or Internet certification for hunter education and how does it work?

   In 1995 Wisconsin’s Hunter Education Program began work on alternative delivery of hunter education for certification based upon our knowledge of the changes that had already taken place in our society and the predictions of social and technological trends for the future. (At that date and time most of us did not own or use a computer.) In 1996 we finalized the World’s First CD-ROM Alternative Delivery for basic hunter education certification. During the early days we wanted to pilot this with adults only to be sure we were headed down the right path instead of a dead end fork in the road. What we learned in the process was that alternative deliveries were going to be needed to address many changes and challenges for our future. We learned that youth and adults alike can gain the necessary knowledge, skill and abilities to meet or exceed the standards of our traditional program.

   Today what is the process to take one of these courses? It goes like this. An instructor that has been trained in either the CD-ROM or Internet certification process fills out a start card specifically for that type of program. These courses are then listed on our upcoming courses website. You will need to look under the CD-ROM menu selection and not under the traditional listing for upcoming courses. Students then preregister with the instructor just as they do for any hunter education course. The student goes through the CD-ROM or Internet course, prints out the quizzes and brings them to the assigned field day. The field day has been standardized. It must be the standardized field day established for this program. No other instructor’s field day from a traditional delivered course will be accepted. At the conclusion of the field day the students take the same exams as in the traditional course. If they pass, they pass.

   The demand for these courses exceeds the number supplied by our volunteer instructors. As an example of how popular these alternative deliveries are, the state of Texas increased their annual student numbers by 10,000 the first year they offered programs of this type.