Buying the license after the fact.

[thebishopp]

Well it appears that land must be "farmland" in order to bag a deer on it without a license (not sure if this applies to buying tags as well).

Here is a post on the subject, presumably by a CO:

"Guys I don't make up the answers I give on here nor do I write the laws. When a question is asked I post the appropriate statute. If you read the statute it is very clear on who can hunt without a license. However I do not know of any Officer that is going to tell someone they cannot hunt their own property without a license. I can only speak for what I tell individuals in my assigned county and the "general opinion" of Officers in my district. Everyone needs to throw the acreage factor of the question out. There is no acreage requirement to hunt on your own property. When someone asks me if they can hunt on their own property without a license the first thing I ask is if they farm a crop. If the answer is no then I generally ask if they have ever had it timbered. If the property owner has been timbered then in my opinion they have used that property for the production of timber. If they have never sold timber off the property or farmed a crop I then suggest they plant a garden or some fruit trees which would suffice for me to qualify for the production of crops or fruits. As far a leasing a property I do not believe it is the intent of the law to exempt individuals from purchasing a license that lease property for the sole purpose of hunting. The correct short answer to this question is no you cannot hunt property without a license unless you meet the requirements listed in the statute. However you need to contact your local CO to get his opinion on this topic. One thing to keep in mind the Hunting Guide is just that a "guide". It does not have all of the appropriate regulations required to be able to enjoy the outdoors legally. The guide is a generalization of important statutes but for more detailed information you need to visit the state website www.in.gov and review title 14 and Indiana Administrative Code 312.

On a side note: Steve maybe it would be a good idea to only allow a moderator to respond to questions in this forum. After reading all the "armchair Lawyer" responses even I am confused. This is not intended to be disrespectful to those who offer their opinion but would cause less congestion in the forum when a question is asked. ie. I do golf from time to time but if someone is asking for advice on their game I would be the last to offer an answer."

It seems that there isn't a whole lot of uniformity in the interpretation of the hunting laws and what is "ok" in one district may not be "ok" in another.

So in addition to possibly having to have "farmland" in order to hunt on it without paying the government for the priveledge (and not just owning land not designated or used for farming) there seems to be little uniformity in the interpretation/application of the hunting laws by CO's (what is "ok" in one district may not be "ok" in another). This is ridiculous.

 

[singlestacksig]

the law is clear on the farmland issue, if you raise crops, Or are taxed as farmland, or the land is best suited for such..
with the new % tax caps of land taxes it is pretty easy to know if you are taxed as farmland.

 

[thebishopp]

the law is clear on the farmland issue, if you raise crops, Or are taxed as farmland, or the land is best suited for such..
with the new % tax caps of land taxes it is pretty easy to know if you are taxed as farmland.

So unless it is farmland you must pay for the privilege of hunting on it even if you are the landowner.

 

[thebishopp]

both the concept of "right of self defese" and the concept of "the kings game" date back very far in the history of western civilization. The concept of the landowners right to hunt goes back to the magna charta or before.. and Indiana does recognize the right of a land owner to take game without permits.

both concepts can exist side by side..

Only if the land is designated farmland otherwise pay the king even if you do own the land.

 

[singlestacksig]

So unless it is farmland you must pay for the privilege of hunting on it even if you are the landowner.

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.
(
...


yes you can not hunt in downtown Indy next to your swimming pool..
but pretty much any land out side of town would adaptable for farming..
If you own the land you do not have to actually farm it..
if you lease the land you do need to farm it.

 

[shibumiseeker]

Only if the land is designated farmland otherwise pay the king even if you do own the land.

Not quite. I refer you to post number 21 in this thread:
https://www.indianagunowners.com/forums/the_great_outdoors/236098-hunting_on_your_own_property-3.html

 

[thebishopp]

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.
(
...


yes you can not hunt in downtown Indy next to your swimming pool..
but pretty much any land out side of town would adaptable for farming..
If you own the land you do not have to actually farm it..
if you lease the land you do need to farm it.

Again it seems that "best adaptable" (if not already farmed or assessed as agricultural land) is left to interpretation of the local CO.

As the reply of a CO I quoted said:
"If they have never sold timber off the property or farmed a crop I then suggest they plant a garden or some fruit trees which would suffice for me to qualify for the production of crops or fruits"

On a side note how does one get their land assessed as "agricultural"? What if you own land that is a heavily wooded area? One would have to do quite a bit of "adapting" to make it suitable for farming. How much "adapting" needs to be done before you can get the agricultural assessment? None? Enough so that one "could" farm if one wanted to? I am curious.

Edit: I suppose if it is heavily wooded one could say, and hopefully the local CO agrees, that it is already being used in timber production but that the timber just isn't being sold just yet.

Perhaps they should take out all that stuff and just say you can hunt on your own land as long as it is located outside of city limits.

 

[shibumiseeker]

Again it seems that "best adaptable" (if not already farmed or assessed as agricultural land) is left to interpretation of the local CO.

If the local CO is harassing you over the subject then a complaint up the chain of command is in order because he or she is not doing their job properly. It really is that simple.

 

[singlestacksig]

look at your tax bill, is it capped as agricultural? if so it is farm land.

if it is heavy wooded, then it is timber.

 

[singlestacksig]

does anyone know of a case of a landowner getting convicted of hunting without a license?
not pleading guilty but a judge actually ruling guilty?

 

[thebishopp]

does anyone know of a case of a landowner getting convicted of hunting without a license?
not pleading guilty but a judge actually ruling guilty?

This would be interesting to find out.

Only thing I found so far is the incident in Brazi, IN and that was on a private "hunting preserve".

http://www.thebraziltimes.com/story/1819155.html

 

[singlestacksig]

yeah, that is not clear .. they say some of the charges are for activity on public land.

 

[Big R]

If the financial burden of buying 2 deer tags is too much, choose one and hunt accordingly.

+1

 

[Lonnie]

Might as well just use a light and shoot them after dark too! I mean hunting with out a liecense is POACHING! PERIOD!
Why bother even buying a liecense if you shoot one and check it in? you have already broken the law
might as well go rob the gas station while your at it so you can get free gas too.

If you don't want to buy a tag than don't hunt, it's simple as that.

 

[abraham743]

If you think poaching is okay if your hungry then I guess you won't mind when same poor bastard steals the tires off your truck because he needed new ones.

 

[smokingman]

DNR: Programs & History

• 1849: Greene County made it illegal to poison fish.
• 1857: Introduction of closed season on deer, wild turkey, quail, pheasant and prairie chicken.
• 1867: Statewide ban on seining, netting, trapping or shooting fish.
• 1871: Law passed banning putting poisonous materials in water in order to kill or injure fish.
• 1873: Law protecting songbirds was passed.
• 1877: Seasons set for duck and woodcock.
• 1881: Legislature created the Office of Commissioner of Fisheries.
• 1889: County Road Supervisors given authority to enforce fish and game laws (first Conservation Officers).
• 1897: Legislature gave commissioner the power to appoint at least one deputy in every county. Deputies had no salary, but received $10 from each conviction.

1901 - First Indiana hunting license sold for $1
1901: First time hunting license was required. Deputies given $60 a month salary.

1903: Commissioner recommended that license fees be used to pay deputies to do away w/ the "commission upon conviction" system. He stated that deputies would often "entice persons to violate the law to get fees."

1911: Act was passed establishing game wardens. Salary was $75 a month. Within a decade, Indiana wardens were averaging 55 arrests apiece, which set a national record.
1913 - Original fishing license added to hunting license, still $1
1919 – Department of Conservation (DOC) established with 5 divisions:
In 1919 the Division of Fish and Game included 39 employees, of which 27 were game wardens. The main focus of division was to increase hunting opportunities through the purchase of land.
Shortly after the turn of the century- 3,000 sportsmen’s clubs in Indiana totaled a membership of more than 300,000. These organizations rallied the State Legislature into action to purchase land for Wildlife. Properties such as the Brown County Game Preserve(Now Brown county state park) and the Jasper County Game Reservation were the direct results of these efforts.
1935 Legislature granted to the Commissioner of the Department of Conservation the power to set seasons and bag limits.


1939 An act was passed changing the name "game warden" to "conservation officer." Two years later, the legislature gave conservation officers full police powers.



1968 Governor Branigin disarmed Conservation Officers.
1969 Governor Whitcomb re-armed Conservation Officers.



1975 Hunter safety program implemented in Indiana.







DNR: Programs & History
DNR: DNR History

 

[Lagrange]

This has been a great thread to read with all of the different responses and points made. In the end, the law is the law and we should abide by it or make a concerted effort to have it changed. But I must take my hat off to the display of passion and apparent dedication to our natural resources. I am also pleased that although this issue can stir emotion, it was discussed in a rational and civil manner. I am pleased to be associated with a group such as this!

 

[gun_nut]

A great display of character is doing the right thing when nobody is looking.

GN

 

[1$Chuck]

Maybe you should go back to the regs and read them again. If you are immediate family of the landowners, you dont need a deer license/tag. The rules changed this year....for the better.(assuming you are a indiana resident)

Just for clarity, it is not just any immediate family and they have to live with the landowner

License Exemptions

The following are exempt from license requirements:

• Residents or nonresidents participating in a DNR-licensed field trial.
• Resident owners of Indiana farmland or lessees of Indiana farmland who farm that land, their spouses and children living with them, while hunting, fishing or trapping on the farmland they own or lease.

 

[Johnner]

Thanks for all the responses!! This was just something that had crossed my mind as a possibility. I'll be buying the two licenses and hope to bag a couple next week. Props to everyone for a great discussion.