TITLE 312 NATURAL RESOURCES COMMISSION
Emergency Rule
LSA Document #22-227(E)
DIGEST
Temporarily amends
312 IAC 8-2-3 to remove the licensure requirement for a person to possess a handgun on a DNR property other than a reservoir owned by the U.S. Army Corp of Engineers and Falls of the Ohio State Park to reflect changes in Indiana law. Effective July 1, 2022.
SECTION 1. (a) A person must not possess a firearm or bow and arrows on a DNR property unless one (1) of the following conditions apply:
(1) The firearm or bow and arrows are:
(A) unloaded and unnocked; and
(B) placed in a case or locked within a vehicle.
(2) The firearm or bow and arrows are possessed at, and of a type designated for usage on:
(A) a rifle;
(B) a pistol;
(C) a shotgun; or
(D) an archery;
range.
(3) The firearm or bow and arrows are being used in the lawful pursuit of either of the following:
(A) A wild animal on a DNR property authorized for that purpose.
(B) A groundhog as authorized under a license.
(4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army Corps of Engineers or Falls of the Ohio State Park.
(b) Except as provided in subsection (a)(1) or (a)(4), a firearm or bow and arrows may not be possessed on DNR properties within any of the following:
(1) A nature preserve or another property administered by the division of nature preserves unless hunting is authorized under subsection (d).
(2) A property administered by the division of state museums and historic sites.
(3) A campground.
(4) A picnic area.
(5) A beach.
(6) A service area.
(7) A headquarters building.
(8) A hunter check station.
(9) A developed recreation site.
(c) A person must not discharge a firearm or bow and arrows on a DNR property except as follows:
(1) As authorized for a law enforcement officer.
(2) In the lawful defense of persons or property.
(3) Under a department permit that authorizes the discharge.
(4) As authorized at a shooting range.
(5) In the lawful pursuit of wild animals. The exception provided in this subdivision does not apply within two hundred (200) feet of any of the following:
(A) A campsite.
(B) A boat dock.
(C) A launching ramp.
(D) A picnic area.
(E) A bridge.
(d) A person may hunt on the following DNR properties:
(1) A state forest administered by the division of forestry, including a portion of a state forest that is a nature preserve.
(2) A reservoir property administered by the division of state parks and reservoirs.
(3) A wildlife area administered by the division of fish and wildlife, including a portion of a wildlife area that is a nature preserve.
(4) A nature preserve or another property administered by the division of nature preserves, if approved in a written authorization by:
(A) the director of the division of nature preserves; and
(B) the owner of the nature preserve, if the owner is other than the state of Indiana.
(e) A person hunting on any of the areas described in subsection (d) must do the following:
(1) Comply with all federal and state:
(A) hunting;
(B) trapping; and
(C) firearms;
laws.
(2) On a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station. The person must:
(A) retain the permit and record card while in the field for the authorized date; and
(B) as directed, return them to the department.
(3) Refrain from hunting on a nature preserve if prohibited by signage posted at the site.
(f) Unless otherwise posted or designated on a property map, a person must not place a trap except as authorized by a license issued for a property by an authorized representative. This license is in addition to the licensing requirement for traps set forth in IC 14-22-11-1.
(g) A person must not run dogs, except:
(1) during the lawful pursuit of wild animals; or
(2) as authorized by a license for field trials or in a designated training area.
A property administered by the division of fish and wildlife may be designated for training purposes without requiring a field trial permit. Only dogs may be used during field trials on a DNR property, except where authorized by a license on a fish and wildlife property.
(i) The following terms apply to the use of shooting ranges:
(1) A person must not use a shooting range unless the person is:
(A) at least eighteen (18) years of age; or
(B) accompanied by a person who is at least eighteen (18) years of age.
(2) A person must:
(A) register with the department; and
(B) pay any applicable fees;
before using a shooting range.
(3) Except as otherwise provided in this subdivision, a person must shoot only at paper targets placed on target holders provided by the department. An authorized representative may approve the use of alternative targets on a supervised shooting range if the department determines a hazard to public safety would not result.
(4) A person must fire downrange and take reasonable care to assure any projectile is stopped by the range backstop.
(5) Shot not larger than size 6 must be used on a shotgun range.
(6) A person must not:
(A) discharge a firearm using automatic fire;
(B) use tracer, armor-piercing, or incendiary rounds;
(C) play on, climb on, walk on, or shoot into or from the side berms; or
(D) shoot at clay pigeons, except on a site designated for shooting clay pigeons.
Glass and other forms of breakable targets must not be used on a shooting range.
(7) A person must dispose of the targets used by the person under section 2(a) of this rule [sic, 312 IAC 8-2-2(a)].
(8) Permission must be obtained from the department in advance for a shooting event that involves any of the following:
(A) An entry fee.
(B) Competition for any of the following:
(i) Cash.
(ii) Awards.
(iii) Trophies.
(iv) Citations.
(v) Prizes.
(C) The exclusive use of the range or facilities.
(D) A portion of the event occurring between sunset and sunrise.
(9) On a field course, signs and markers must be staked. Trees must not be marked or damaged.
(j) A person must not take a reptile or amphibian unless the person is issued a scientific purposes license under 312 IAC 9-10-6. Exempted from this subsection are:
(1) eastern snapping turtles;
(2) smooth softshell turtles;
(3) spiny softshell turtles;
(4) bullfrogs; and
(5) green frogs;
taken under 312 IAC 9-5-6 from a DNR property where hunting or fishing is authorized.
(k) A person must not possess lead shot while hunting mourning doves on a DNR property.
SECTION 2. This document shall expire July 1, 2023.
Filed with Publisher: June 30, 2022, 8:27 a.m.
Posted: 07/06/2022 by Legislative Services Agency
DIN: 20220706-IR-312220227ERA
Composed: May 05,2024 4:36:53AM EDT
A
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