On Private Property is it legal to hunt deer with a rifle?

[redpitbull44]

I've heard it debated, but have never been able to find proof either way.

Is it legal to hunt deer with a rifle on your own private property here in the state of Indiana?

I know the laws regarding rifle cartridges in certain case lengths or in pistols. Please understand this. I am talking a Winchester Model 70 in .30-06 on your back 40. Not a .458 Soccom, a Contender in 7mm08, or a Marlin in .44 magnum.

The reason I am asking this is because I've had people come to me and say they hunt with such and such a rifle, but it's ok because it's private property. Case in point, a guy was saying ".458 socom is cool. I have private property, so just use my Mosin." As far as I know, that is illegal, but I don't know that for sure, so I didn't say anything to him.

 

[Aaronhome27]

NO! and Yes but only if they fall in the legal case / cartridge limitations set by the state. On private property you still have to follow all of the state regs as you would if you bought a license to hunt. Private property does not change any of the rules set except if you own the land you can hunt with a landowner permit instead of having to buy a license.

 

[rimfire_crazed]

..unless you have a depredation permit issued by the DNR. THen you can shoot 'em with anything you want in a rifle, .243 or larger.

 

[Aaronhome27]

Are you talking during regular hunting season or off season Deperdation slaughters? By Deperdation I mean a set amount of permits given for a set amount of damage. Permits that are used outside of regular regulated hunting season dates for antlerless deer only. Deperdation (basically slaughter permits) have a whole different set of rules. Deperdation permits are issued based on a certain $$ amount of damage to a crop that is certified. No antlered deer can be taken with them either.

If you are hunting gun season with a 30-06 rifle on your back 40 with no certified damage and deperdation permit to prove it you would be hunting illegally. If your are just a landowner hunting a regular hunting season you MUST still follow the reg. As far as deperdation permits are concerned, I would call the DNR or email to find out for sure. Last I used one I had to use the hunting regulations during regular hunting seasons as if normally hunting. Outside of the regulated season it was basically open season on does only with what ever you wanted to use. Hence the slaughter reference earlier.

Email or call the DNR to get concrete proof and you will get it straight from the source


Here is a link to the best way to get the info you need in writing. No he said she said stuff.

DNR: Contact Us

 

[redpitbull44]

I am talking during deer season. Simple as that. And I've read the DNR website. I've not found the answer. I think I will just call and ask a Conservation Officer. Thank You for your answers. That is what I understood as well. I just need to be crystal clear on it.

 

[Aaronhome27]

The link above is for their email contact. I have heard to many conflicting answers from different CO's on other subjects. If I ever have questions I contact the main office through email directly. That way I have a written and signed answer directly from the head office. Just my .02. As a member of several other hunting forums I have seen to many people say their CO said this and another say that thier CO said something completely different.

Simple answer to your question though is NO

 

[redpitbull44]

The link above is for their email contact. I have heard to many conflicting answers from different CO's on other subjects. If I ever have questions I contact the main office through email directly. That way I have a written and signed answer directly from the head office. Just my .02. As a member of several other hunting forums I have seen to many people say their CO said this and another say that thier CO said something completely different.

Simple answer to your question though is NO

Right on. I appreciate it.

My opinion on the subject is: if you are on private property (especially your own), you oughta be able to take a deer with what ever you want. That being said, the technology that exists, and the cartridges we can use are plenty enough to get the job done.

 

[singlestacksig]

I am talking during deer season. Simple as that. And I've read the DNR website. I've not found the answer. I think I will just call and ask a Conservation Officer. Thank You for your answers. That is what I understood as well. I just need to be crystal clear on it.

For hunting deer in season the rules are all the same , private property or not..
on Private property the LANDOWNER or Farm lease holder does not have to purchase permits.. but is still limited to the same havest #s and equipment rules as a permit purchaser..

If you are not the landowner, name on deed, or hold a lease with your name on it to farm the land, you need to purchase a permit..

 

[Sgt7330]

same rules for private when it comes to weapon, caliber, etc.

 

[Indy_Guy_77]

Right on. I appreciate it.

My opinion on the subject is: if you are on private property (especially your own), you oughta be able to take a deer with what ever you want. That being said, the technology that exists, and the cartridges we can use are plenty enough to get the job done.

While that opinion is widely held by many sportsmen... It doesn't change anything. Outside the depredation permits, the cartridge limitations are quite well defined. Anything outside of those, if you're caught, will cause you much in the way of legal troubles. In short: Follow the established game-taking rules. DON'T POACH.

-J-

 

[redpitbull44]

While that opinion is widely held by many sportsmen... It doesn't change anything. Outside the depredation permits, the cartridge limitations are quite well defined. Anything outside of those, if you're caught, will case you much in the way of legal troubles. In short: Follow the established game-taking rules. DON'T POACH.

-J-

Well said.

 

[greg]

For hunting deer in season the rules are all the same , private property or not..
on Private property the LANDOWNER or Farm lease holder does not have to purchase permits.. but is still limited to the same havest #s and equipment rules as a permit purchaser..

If you are not the landowner, name on deed, or hold a lease with your name on it to farm the land, you need to purchase a permit..

Not True....only LANDOWNERS are expect from buying tags

 

[Aaronhome27]

Not True....only LANDOWNERS are expect from buying tags

You must have and carry a valid license and applicable state stamps to hunt any wild animal, with exceptions as follows:
Residents or non-residents participating in a field trial sanctioned by the DNR director.
Landowners, or lessees of farmland who farm that land and are residents of Indiana, their spouses and children living with them, while hunting, fishing or trapping on the land they own or lease. This exemption does not apply to land owned by a business, corporation or partnership unless the shareholders, partners, members or owners are comprised solely of the members of an immediate family and farm that land. Farmland means agricultural land that is devoted or best adaptable for the production of crops, fruits, timber or the raising of livestock, or is assessed as agricultural land for property tax purposes.
The law does not exempt non-residents who lease land in Indiana. Non-resident lessees are still required to purchase non-resident hunting and trapping licenses.
Residents of Indiana engaged in full-time military service and who are carrying their leave orders and a valid Indiana driver’s license or Indiana voter registration card.
Non-resident military personnel on active duty and stationed within Indiana may hunt or fish with a resident license.
An individual who is less than 13 years of age; does not possess a bow or firearm; and is accompanied by an individual who is at least 18 years of age and holds a valid license.

 

[singlestacksig]

IC 14-22-11-1
"Farmland" defined; license requirements and conditions
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1;

 

[trapperDave]

if you lease to FARM you do not need to buy a tag. A hunting lease you do need to buy a tag.

 

[Aaronhome27]

if you lease to FARM you do not need to buy a tag. A hunting lease you do need to buy a tag.

I should have added that too. To many hunters seem to miss that! ....

 

[greg]

if you lease to FARM you do not need to buy a tag. A hunting lease you do need to buy a tag.

Correct....but you must be set up in the field your farming not in woods on the land...per CO

 

[tenring]

And if you lease part of a farm for the purposes of farming, such as 80 acres for planting corn or soybeans on a 160 acre property, the lessee [sp] may only hunt without a license on that particular part the was agreed on for the purpose of crop production. Any other part of the property such as woods requires a license. The Devil is in the details.

 

[Indy_Guy_77]

Correct....but you must be set up in the field your farming not in woods on the land...per CO

And if you lease part of a farm for the purposes of farming, such as 80 acres for planting corn or soybeans on a 160 acre property, the lessee [sp] may only hunt without a license on that particular part the was agreed on for the purpose of crop production. Any other part of the property such as woods requires a license. The Devil is in the details.

Not that I have a dog in this fight...but can this be cited?

-J-

 

[Bill B]

Correct....but you must be set up in the field your farming not in woods on the land...per CO

Not that I have a dog in this fight...but can this be cited?

-J-

I did a quick lexisnexis search and found nothing in case law about it one way or the other. I haven't tried to search dnr regulations though.