20100407-IR-312090470FRA Amends 312 IAC 8-2-3, governing the use of firearms, hunting, and trapping on DNR properties, to authorize the use of alternative targets at supervised shooting ranges if the Department of Natural Re...

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule LSA Document #09-470(F)

DIGEST

Amends 312 IAC 8-2-3, governing the use of firearms, hunting, and trapping on DNR properties, to authorize the use of alternative targets at supervised shooting ranges if the Department of Natural Resources determines the use would not pose a hazard to public safety and to resolve a possible ambiguity, which was occasioned by recent rule modifications to standards for the possession of firearms, regarding the discharge of firearms. Effective January 1, 2011.

312 IAC 8-2-3

SECTION 1. 312 IAC 8-2-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 8-2-3 Firearms, hunting, and trapping

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-22-2-6

Affected: IC 14-22-11-1; IC 35-47-2

Sec. 3. (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:

(A) with a valid unlimited license to carry a handgun:

(i) issued under IC 35-47-2-3; or

(ii) recognized under IC 35-47-2-21(b); or

(B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-2.

(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 unless hunting is authorized under subsection (c). (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.

(c) (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 not otherwise approved for hunting under this subsection if approved in a written authorization by the director of the division of nature preserves.

(d) (e) A person hunting on any of the areas described in subsection (c) (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.

(e) (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.

(f) (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.

(g) Unless otherwise designated, a person must not discharge a firearm or bow and arrows within two hundred (200) feet of any of the following:

(1) A campsite.

(2) A boat dock.

(3) A launching ramp.

(4) A picnic area.

(5) A bridge.

(h) A person must not leave a portable tree blind or duck blind unattended except for the period authorized by 312 IAC 9-3-2(l).

(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. All firing 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 be fire downrange with and take reasonable care taken to assure any projectile is stopped by the range backstop.

(4) (5) Shot not larger than size 6 must be used on a shotgun range.

(5) (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.

(6) (7) A person must dispose of the targets used by the person under section 2(a) of this rule.

(7) (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.

(8) (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 collector license under 312 IAC 9-10-6. Exempted from this subsection are:

(1) turtles taken under 312 IAC 9-5-2; and

(2) frogs taken under 312 IAC 9-5-3;

from a DNR property where hunting or fishing is authorized.

(Natural Resources Commission; 312 IAC 8-2-3; filed Oct 28, 1998,3:32 p.m.: 22 IR 739, eff Jan 1, 1999; filed Nov 5, 1999, 10:14 a.m.: 23 IR 553, eff Jan 1, 2000; filed Jun 17, 2002, 4:13 p.m.: 25 IR 3714; filed Sep 19, 2003, 8:14 a.m.: 27 IR 456; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; filed Sep 14, 2005, 2:45 p.m.: 29 IR 461, eff Jan 1, 2006; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; filed Sep 6, 2007, 12:20 p.m.:20071003-IR-312070023FRA; filed Mar 11, 2008, 9:34 a.m.: 20080409-IR-312070449FRA; filed Mar 12, 2010, 1:25 p.m.: 20100407-IR-312090470FRA, eff Jan 1, 2011)

LSA Document #09-470(F)

Notice of Intent: 20090617-IR-312090470NIA

Proposed Rule: 20091014-IR-312090470PRA

Hearing Held: November 16, 2009

Approved by Attorney General: February 26, 2010

Approved by Governor: March 10, 2010

Filed with Publisher: March 12, 2010, 1:25 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Stephen L. Lucas, Hearing Officer, Division of Hearings, Natural Resources Commission, Indiana Government Center North, 100 North Senate Avenue, Room N501, Indianapolis, Indiana 46204-2200, [phone], [e-mail]

Posted: 04/07/2010 by Legislative Services Agency

DIN: 20100407-IR-312090470FRA

Composed: Nov 01,2016 12:53:21AM EDT

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