spotlighting and ltch

[Doug]

And it's perfectly legal to OC in your local schools if your child is enrolled there and you have your LTCH in a clear holder next to your gun.

IMPORTANT!!!
coaltrain444: Things printed in purple are meant to be sarcastic remarks and should be understood to mean the exact opposite of what they say!

Oh, BTW, welcome to INGO!

 

[IndyBeerman]

I talked to a CO at the State Fair and he said that it is legal to spotlight deer as long as you have your license with you. He said it was illegal with the intent on taking a deer not just observing. This was confirmed by an other CO standing next to him.

What a CO or LEO tells you does not mean jack turd if they don't know the law.

It's the same as LEO's telling people that they can transport a gun to and from a range without a LTCH.

If they don't exactly know the law, their wisdom/expertise means nothing.

 

[shibumiseeker]

IMHO: There is no reason for spotlighting deer other than poaching. If you are out doing that while armed you are poaching.

And some of us don't take kindly to people shining bright spotlights onto our "empty" property.

I've called TIP several times when I encounter people out doing in in my neck of the woods as I drive home. I've had people spotlight on my lake late at night. Normally you can't see the house from the road, but they tend to leave real quick when I spot them back.

 

[SemperFiUSMC]

Use NV goggles and avoid the issue all together.

 

[Timjoebillybob]

Welcome to INGO
Here is the IN Code for it.
IC 14-22-6-7
Jacklighting prohibited
Sec. 7. (a) This section does not apply to an employee of the department or an employee of a federal wildlife management agency who:
(1) is acting in the performance of the employee's duties; and
(2) has received the express written consent of the director for the employee's action.
(b) A person may not knowingly throw or cast the rays of any spotlight or other artificial light:
(1) not required by law on a motor vehicle; and
(2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow, if by throwing or casting the rays a wild bird or wild animal could be killed. This subsection applies even though the animal is not killed, injured, shot at, or otherwise pursued.
(c) A person may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light.
(d) A person may not shine a spotlight, searchlight, or other artificial light for the purpose of taking, attempting to take, or assisting another person to take a deer.
Indiana Code 14-22-6

And a link to another thread about this.
https://www.indianagunowners.com/fo...ing_deer_while_in_possesion_of_a_handgun.html

 

[CountryBoy19]

And it's perfectly legal to OC in your local schools if your child is enrolled there and you have your LTCH in a clear holder next to your gun.


Frank pretty much posted the exact law. Remember it won't always be those two C.O. out working. One that actually knows the law will be the one to catch you and charge you. Judge and the prosecutor sure in the hell won't care what a couple C.O.'s may or may not of said at the State Fair. They're going to go by what's in the book.

This thread and everybody here is so full of BS. This has been discussed before, and one of our lawyer friends on INGO has carefully examined the actual IN state code (not what the DNR says) regarding this, and has determined that it is perfectly legal to spotlight deer while carrying a firearm. I'll be back with a link, until then, stop trying to pretend that you know and understand the law by spreading misinformation.


ETA, and here it is folks.
https://www.indianagunowners.com/fo...ing_deer_while_in_possesion_of_a_handgun.html
Just don't do it from a motor vehicle and it's 100% legal to do.
Thread over...
[close thread]

 

[Doug]

Welcome to INGO
Here is the IN Code for it.
IC 14-22-6-7
Jacklighting prohibited
Sec. 7. (a) This section does not apply to an employee of the department or an employee of a federal wildlife management agency who:
(1) is acting in the performance of the employee's duties; and
(2) has received the express written consent of the director for the employee's action.
(b) A person may not knowingly throw or cast the rays of any spotlight or other artificial light:
(1) not required by law on a motor vehicle; and
(2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow, if by throwing or casting the rays a wild bird or wild animal could be killed. This subsection applies even though the animal is not killed, injured, shot at, or otherwise pursued.
(c) A person may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light.
(d) A person may not shine a spotlight, searchlight, or other artificial light for the purpose of taking, attempting to take, or assisting another person to take a deer.
Indiana Code 14-22-6

And a link to another thread about this.
https://www.indianagunowners.com/fo...ing_deer_while_in_possesion_of_a_handgun.html

OOPS, I guess I was wrong.
If you're in a vehicle, intent is not necessary; not in a vehicle, intent must be present.

MY mistake.
Apology made.
Carry on.

 

[Rob377]

If you're walking around the woods intentionally spotlighting deer with a weapon on you, intent to take can likely be inferred from those actions.

 

[TheDude]

What if your on your porch with firearms in your home???

 

[CountryBoy19]

If you're walking around the woods intentionally spotlighting deer with a weapon on you, intent to take can likely be inferred from those actions.

Can it be proven beyond a reasonable doubt? That is the only thing that matters, and I don't think it can be proven beyond a reasonable doubt without supporting evidence (a prior statement or other communication conveying intent, prior poaching convictions etc).

 

[shibumiseeker]

Here police uses 9mm FMJ ammo, and they kill criminals like flies.
I guarantee you, they are all very dead.

FerFAL

Sorry for the threadjack, but one thing that has always bothered me about this quote: Where Ferfal lives the EMS system is not anywhere near as efficient as it is in the US. Lots of people in the US are saved where they would die elsewhere because we have pretty good EMTs, Paramedics, transport systems to hospitals, and top notch hospitals (in general in all cases). Not that I am slamming any particular caliber here, just one of those things that has always bothered me.

 

[TheDude]

Sorry for the threadjack, but one thing that has always bothered me about this quote: Where Ferfal lives the EMS system is not anywhere near as efficient as it is in the US. Lots of people in the US are saved where they would die elsewhere because we have pretty good EMTs, Paramedics, transport systems to hospitals, and top notch hospitals (in general in all cases). Not that I am slamming any particular caliber here, just one of those things that has always bothered me.

Your probaly right, its carried by NATO Etc. Etc. because it doesnt work
May the .45acp save us all!!!

Now back to your reguarly scheduled thread. Sorry to the OP.

 

[shibumiseeker]

Your probaly right, its carried by NATO Etc. Etc. because it doesnt work
May the .45acp save us all!!!

Now back to your reguarly scheduled thread. Sorry to the OP.

You apparently missed the part where I said that I wasn't slamming on any particular caliber here

 

[Eddie]

Can it be proven beyond a reasonable doubt? That is the only thing that matters, and I don't think it can be proven beyond a reasonable doubt without supporting evidence (a prior statement or other communication conveying intent, prior poaching convictions etc).

Well, its not really so black and white. Once you get charged if you aren't poor enough to rate a public defender you'll need to hire a lawyer to help you thread your way through the system. You can take the case to a bench trial and hope the judge sides with you (good luck with that by the way) or take it to a jury trial which will be very expensive and still might not work out if the jury doesn't believe you. Either way you'll be spending your hard earned money to try and fight off the charges. If you win you'll have a warm feeling inside and wallet will be considerable lighter.

 

[Eddie]

IMHO: There is no reason for spotlighting deer other than poaching. quote] I take my kids spotlighting all the time. They realy enjoy seeing all the different animals that come out at night and keeping a count of how many deer we see

I'll apologize to anybody here that really goes out spotlighting deer just because they enjoy doing it. Perhaps I am jaded by my experiences. Every time I have ever come across someone out spotlighting deer (someone who claimed to be just spotlighting deer) they were poaching or stealing or doing something illegal.

 

[CountryBoy19]

Well, its not really so black and white. Once you get charged if you aren't poor enough to rate a public defender you'll need to hire a lawyer to help you thread your way through the system. You can take the case to a bench trial and hope the judge sides with you (good luck with that by the way) or take it to a jury trial which will be very expensive and still might not work out if the jury doesn't believe you. Either way you'll be spending your hard earned money to try and fight off the charges. If you win you'll have a warm feeling inside and wallet will be considerable lighter.

Doubtful... The DNR isn't stupid, they know when they have a fighting chance at winning a case. I know of many people that have been much more guilty than the scenario of walking around in the woods with a gun and spotlight and they were let off with a warning because the DNR knew that it wasn't worth the fight to have them prosecuted. I'm not condoning breaking the law (don't go spotlighting with the intent to take etc) but don't get your panties in a wad about doing something completely legal. If they do prosecute for something like that I'll bet you could recoup all your attorney's fees in civil court after the fact. You may have to deal with "Barney Fife" every once in a while, but I wouldn't let that scare me off.

 

[shibumiseeker]

I'll apologize to anybody here that really goes out spotlighting deer just because they enjoy doing it. Perhaps I am jaded by my experiences. Every time I have ever come across someone out spotlighting deer (someone who claimed to be just spotlighting deer) they were poaching or stealing or doing something illegal.

I'll make the same apology, but I will also add that it's pretty terrifying to have a spotlight pointing towards your house and not know if a gunshot is going to follow next. The guy doing the spotlighting may not be able to see that there's a house a little further back, or for many of them, they may not care. This time of year it happens a half dozen or so times to us that I am aware of (awake or awakened).

 

[Eddie]

Doubtful... The DNR isn't stupid, they know when they have a fighting chance at winning a case. I know of many people that have been much more guilty than the scenario of walking around in the woods with a gun and spotlight and they were let off with a warning because the DNR knew that it wasn't worth the fight to have them prosecuted. I'm not condoning breaking the law (don't go spotlighting with the intent to take etc) but don't get your panties in a wad about doing something completely legal. If they do prosecute for something like that I'll bet you could recoup all your attorney's fees in civil court after the fact. You may have to deal with "Barney Fife" every once in a while, but I wouldn't let that scare me off.

Good luck with that.

 

[CountryBoy19]

I'll apologize to anybody here that really goes out spotlighting deer just because they enjoy doing it. Perhaps I am jaded by my experiences. Every time I have ever come across someone out spotlighting deer (someone who claimed to be just spotlighting deer) they were poaching or stealing or doing something illegal.

Many people spotlight deer just to keep an eye on deer movement, and what deer are in the area. It's just like using a trailcam (catch the deer at nighttime) except it's much more exciting because it's in real-time. Back in highschool a group of us would go out every Friday night and drive around for hours spotlighting just to see where and how the deer were moving near our favorite hunting spots and to see what deer were present in the area.

It's just like carrying a gun, it can be good, or it can be bad, and that all depends on the intentions of the person doing that. But just because one person's intentions may be bad doesn't mean that everybody's intentions are bad, and that doesn't instantly criminalize those that don't have bad intentions.

 

[Rob377]

Can it be proven beyond a reasonable doubt? That is the only thing that matters, and I don't think it can be proven beyond a reasonable doubt without supporting evidence (a prior statement or other communication conveying intent, prior poaching convictions etc).

prior convictions probably wouldn't be admissible.

It really depends on the facts.
For example, BillyJoeBob is spotted in the woods miles from home with a high power spotlight, he's got a 454 Casull on one hip and field dressing knife on the other. Pretty darn obvious what he's up to. Judge or jury wouldn't have much trouble convicting.

OTOH, BillyJoeBill is spotted in the woods next to his house with a little maglight and 9mm compact. On these facts, no problem for him.

Point being, be careful. I would never advise anyone that it's "100% legal" to walk around jacklighting deer with a weapon, as illustrated by BillyJoeBob above.
In a perfect textbook world where people can read your mind and know whether you intended to poach or not, then it's different story, sure.
However, in the imperfect world we live in, if it looks like you're poaching to reasonable observer, there's a good chance you can be convicted of it. Perception is reality here.