Am I right? (Hunting from a vehicle)

[DThurston]

OK - I know the rules say you can't hunt from a vehicle except with a disability permit from the DNR.

I'm wondering what others have experienced in potential gray areas on this.

For example, if there's an old vehicle (bus, truck, car, tractor, combine) on a property, is it illegal to use it as a blind of sorts or otherwise hunt from outside or inside it? In this case, assume that it's not in running condition and not registered. ie, old school bus with things growing through it or a combine that's been unused for years.

My second question seems straightforward enough - can I pull my vehicle into an area and park, open the back hatch/tailgate and lay out in it to hunt? My belief is that it would be illegal, but any confirmation that it is NOT illegal would be good to see.

As for the first case - it seems that something parked and sitting on a property for years is not really any different than a shed or other structure that was built. Still, I can easily imagine someone getting busted for that anyway, since it at least WAS a working vehicle at some point in the past.

So, TIA and good luck!

 

[KEHO]

Here's what I found:



312 IAC 9-1-10 Authority: Affected:

"Motor driven conveyance" defined
IC 14-11-2-1; IC 14-22-2-6 IC 14-22

Sec. 10. "Motor driven conveyance" means: (1) an automobile;
(2) a truck;
(3) a tractor;
(4) a combine;
(5) a wagon;
(6) a bus;
(7) an off-road vehicle;
(8) a recreational vehicle;
(9) a motorcycle;
(10) a moped;
(11) a dune buggy;
(12) a go-cart;
(13) a motorboat;
(14) an airplane; or
(15) other motorized conveyance capable of transporting an individual.
(Natural Resources Commission; 312 IAC 9-1-10; filed May 12, 1997, 10:00 a.m.: 20 IR 2699; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA)


312 IAC 9-2-2
Authority: Affected:

Prohibition against motor driven conveyances
IC 14-22-2-6 IC 14-22


Sec. 2. (a) An individual must not take or chase a wild mammal or bird from, by the use of, or with the aid of a motor driven conveyance, except:
(1) as authorized for an individual with a special hunting permit for a person with a disability under 312 IAC 9-10-10; and (2) as provided in subsection (b).
(b) A motorboat may be used to:
(1) check traps that are lawfully set and maintained; or
(2) retrieve a dead or crippled waterfowl.
(c) A motorboat may be used to hunt waterfowl if the motorboat is: (1) beached;
(2) resting at anchor;
(3) tied to a stationary object; or
(4) otherwise without motion except as provided by:
(A) wind;
(B) water current; or
(C) hand-operated oars or paddles.
(d) An individual must not discharge a firearm or bow and arrows from a motor driven conveyance while the conveyance is in motion. (Natural Resources Commission; 312 IAC 9-2-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2700; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA)

I don't see anything about whether or not it is functional. It would, of course, be up to the individual CO as to whether or not a 20 year old broken down school bus fits the intent of the law, but I would not take the chance. As for parking your working truck in a field and shooting out of the back I would not do it as I believe it is against the regs.

IANAL
YMMV
and any other disclaimers...

 

[DThurston]

Keho - thanks, that's the bit of the IC that I was having trouble finding. And yeah, it looks like at best, it'd be questionable to use the old bus or combine.

It just occurred to me, of course, that the bus is without a motor (as it was put in a grain truck), so it is no longer "motor-driven" since it has none. At this point, it's just an enclosed wagon, really.

And I didn't really think there was much question about laying out in the back of a vehicle being illegal.

 

[JNG]

The definition of "motor driven conveyance" includes that the vehicle has to be "capable of transporting an individual."

So, an old rusted-out school bus with weeds growing out of the engine block isn't a motor driven conveyance under the statute. This doesn't mean some CO won't ticket you for it. It just means that you've got a great shot at winning if you pay a lawyer to fight the ticket.

 

[Mike H]

Call you local CO and ask him how he would handle the situation. Heck you could even show him the "vehicle" in question to remove any doubt. I admire you for wanting to do the right thing and not break the law.

 

[KEHO]

The definition of "motor driven conveyance" includes that the vehicle has to be "capable of transporting an individual."

I read it that the "capable of..." applies only to number 15 because of the word "or" at the end of number 14. I wonder what Kirk would say about that?!?!

 

[45fan]

I have seen in my area people who have set up grain wagons in the middle of a field set up as a hunting blind. Not sure how it worked out for them, but I would be interested to hear if anyone has tried this with any success.

As for the combine in the woods, my dad always told me it was a no-go, as I had tried once to get him to let me hunt from my grandpas old combine that had been discarded many years before I was born. His reasoning was the same as everyone else here, that the CO could decide it was still illegal, and make trouble for me at the very least.

 

[JNG]

I read it that the "capable of..." applies only to number 15 because of the word "or" at the end of number 14. I wonder what Kirk would say about that?!?!

That's a good point. Canons of statutory construction permit it to be argued either way--

(1) Each subsection should be considered completely independently of the others; or
(2) reading the statute as a whole, each subsection should be interpreted to apply to a conveyance of that type that is capable of transporting an individual through the operation of a motor.

I like the second argument better than the first, but the opinion that matters is the CO. Being right is no guaruntee against getting a ticket.

 

[Ambu]

Excuse my ignorance here, I'm not well versed in the laws of hunting, but I am interested in it.

From the scenario's described, it almost sounds like you are on private property?
Can't you do pretty much whatever you want on private property..?

 

[snapping turtle]

We had an old grain truck setup at one time when I was a kid. It was OK place to hunt in the morning and we did it when it was raining cats and dogs. It had no motor but the cab was dry and often fairly full of spiders. Spiders in november kinda freaked me out so unless it was raining hard i never went in it.

I am fairly sure most CO's won't care about the bus. Laying in the trunk of a car might not be something they would overlook.

If you want to hunt from a truck Texas is your state. We coyote hunted from a truck bed with a lift, it was fairly neat way to cover lots of ground down there they have lots to cover.

 

[mike4sigs]

Excuse my ignorance here, I'm not well versed in the laws of hunting, but I am interested in it.

From the scenario's described, it almost sounds like you are on private property?
Can't you do pretty much whatever you want on private property..?

Not when you are hunting ! the animals are more or less property of the state !

 

[mike4sigs]

I have seen in my area people who have set up grain wagons in the middle of a field set up as a hunting blind. Not sure how it worked out for them, but I would be interested to hear if anyone has tried this with any success.
OH ! you mean a hopper hut!
i work with a guy that more or less built a shed on top of a hopper wagon and he has killed out of it.not sure how many times ,last year he seen several coyote from it ! we are planning a hunt from it after deer season !