TITLE 312 NATURAL RESOURCES COMMISSION
Emergency Rule
LSA Document #23-525
DIGEST
Temporarily amends
312 IAC 8-2-3 to remove the licensure requirement for a person to possess a handgun on a department of natural resources 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 June 30, 2023.
SECTION 1. (a) A person may not possess a firearm or bow and arrows on a DNR property unless one (1) of the following conditions applies:
(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 used in the lawful pursuit of the following:
(A) A wild animal on a department property authorized for that purpose.
(B) A groundhog as authorized by 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 a department property in any of the following locations:
(1) A nature preserve or other 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 may 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 a person or property.
(3) Under a department permit that authorizes the discharge.
(4) As authorized at a shooting range.
(5) In the lawful pursuit of a wild animal, except when the discharge occurs less than two hundred (200) feet from 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 department 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 in an area described in subsection (d) shall do the following:
(1) Comply with all federal and state:
(A) hunting;
(B) trapping; and
(C) firearms;
laws.
(2) In a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station. The person shall:
(A) retain the permit and record card while in the field for the authorized date; and
(B) as directed, return the permit and record card 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 may 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 a trap under IC 14-22-11-1.
(g) A person may not run a dog, except:
(1) during the lawful pursuit of a wild animal; or
(2) as authorized by a license for a field trial 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 license for a field trial. Only dogs may be used during a field trial on a department property, except where authorized by a license for a fish and wildlife property.
(i) The following terms apply to the use of shooting ranges:
(1) A person may 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 may:
(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 may shoot only at paper targets placed on target holders provided by the department. An authorized representative may approve the use of an alternative target on a supervised shooting range if the department determines a hazard to public safety would not result.
(4) A person may fire downrange and take reasonable care to assure any projectile is stopped by the range backstop.
(5) Shot not larger than size six (6) must be used on a shotgun range.
(6) A person may 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 may not be used on a shooting range.
(7) A person shall 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 the following:
(A) An entry fee.
(B) Competition for 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 occurs 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 may not take a reptile or an amphibian unless the person is issued a scientific purposes license under 312 IAC 9-10-6 except for the following:
(1) an eastern snapping turtle;
(2) a smooth softshell turtle;
(3) a spiny softshell turtle;
(4) a bullfrog; and
(5) a green frog;
taken under 312 IAC 9-5-6 from a department property where hunting or fishing is authorized.
(k) A person may not possess lead shot while hunting mourning doves on a department property.
SECTION 2. This document shall expire July 1, 2024.
Filed with Publisher: June 20, 2023, 1:40 p.m.
Posted: 06/28/2023 by Legislative Services Agency
DIN: 20230628-IR-312230525ERA
Composed: May 19,2024 7:44:49PM EDT
A
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