Hunting with SBR

[neraph]

Ok, here's the question:

Indiana defines a handgun as:
"IC 35-47-1-6
"Handgun"
Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches."

So, by the Indiana Code, a SBR legally seems to qualify as a handgun, right? This would mean that I couldn't take one to a range without an LTCH.

On the other hand though, it would seem to be legal to hunt deer using an SBR so long as the cartridge length is greater than 1.16" and has a bullet diameter equal to or greater than .243". This would include an AR-15 in 6.8 SPC, 6.5 Grendel, 6mmx45, 243 WSSM, 7.62x39, etc. as long as the barrel is less than 16". This would also qualify the cartridges that are above the maximum length for rifles: 50 Beowulf or 45-70 Government, for example.

I'm not necessarily saying that any of those cartridges would be a good thing to hunt deer with, especially out of an SBR, but is this accurate? Does the DNR have the same definition of 'handgun' that the Indiana Code does?

 

[dom1104]

Where in the world do you get the idea that that means a SBR is a handgun?

Your logic boggles me.

 

[neraph]

Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches."

Any firearm Designed to be fired with one hand OR barrel less than 16" OR overall length less than 26"

An SBR will fall into at least one of the last two criteria, and since it only needs to meet one of the three, it would qualify. Indiana doesn't actually have a definition of what an SBR is, that's a matter of federal law.

 

[yotewacker]

A handgun cannot be fired from the shoulder. I know several guys that hunt with Thompson contenders. 14" barrel in 243 or 308 caliber. But it must be a handgun. Barrel is only part of the equation.

 

[neraph]

A handgun cannot be fired from the shoulder. I know several guys that hunt with Thompson contenders. 14" barrel in 243 or 308 caliber. But it must be a handgun. Barrel is only part of the equation.

I get common sense definitions and the BATFE's definitions, by which you are exactly right. I'm questioning the legal definition in Indiana, which doesn't seem to necessarily match with either common sense or the BATFE. By the Indiana code, it seems barrel length does satisfy the equation, for better or for worse.

So, I guess there are two questions:
1. Does INDIANA view an SBR as a pistol legally? If not, why not?
2. Does the Indiana DNR necessarily use Indiana's legal definition?

 

[IndyMonkey]

Where in the world do you get the idea that that means a SBR is a handgun?

Your logic boggles me.

One of our resident lawyers beats that drum.

It meets the barrel length requirement. Which thinking about it is pretty interesting.

The SBR definition is a federal one that has nothing to do with Indiana gun laws.

 

[IndyMonkey]

"Handgun"
Sec. 6. "Handgun" means any firearm:
(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or
(2) any firearm with:
(A) a barrel less than sixteen (16) inches in length; or
(B) an overall length of less than twenty-six (26) inches."

It only has to meet one of the requirements.

 

[IndyMonkey]

308 sbr would be badarse.

 

[PapaScout]

308 sbr would be badarse.

And loud!

 

[IndyMonkey]

SBR a 308 AR at 15.5" and you would have a great deer gun.

 

[neraph]

I was actually thinking about doing it with a Savage 11 in 308. It'd bring it down to around 5 lbs and not even 3 feet OAL.

Total cost would probably run only $750 including tax and cutting the barrel for what would probably be one of the more accurate Deer rifles in Indiana and one of the only ones that could reach to 300 yards (not that there's many 300 yard shots in Indiana).

 

[dom1104]

Wow.

That... is pretty shakey.

"No sir, this is a pistol! Its 15.5 inches long! You cant handcuff me..."

I am just saying, what do you think the intent of that is. Trying to say a SBR is a handgun when you get questioned is PRETTY THIN ICE.

Me personally, would steer WAY clear of that one skippy.

A Rifle is a rifle, shortened or not, and a handgun is a handgun, regardless of "ands" or "Or"s... its pretty clear what the DNR was shootin for with that regulation.

DNR: "Yeah, these are the handgun rules, unless you are supercool enough to own a SBR, in which case, they apply to those too".

Thin ice.

 

[IndyMonkey]

Seems pretty cut and dried to me. The police can't have it both ways. Anything less than 16" is a handgun.

I will be more than glad to sbr one of my Remington 700's

 

[samot]

or you could just use a .308 pistol

 

[samot]

IMO
SBR is a Rifle & can never again be turned into a pistol, not even by the state of IN . !
Once a rifle always a rifle .

 

[Fargo]

IMO
SBR is a Rifle & can never again be turned into a pistol, not even by the state of IN . !
Once a rifle always a rifle .

For federal purposes yes. If we were talking federal hunting regs, you would be correct. However, we are talking purely about Indiana law here; federal definitions do not apply unless adopted.

What I would be concerned about is the possibility that Title 14 of the Indiana code, which regulates hunting and fishing, uses a different definition than the Title 35 definition which the OP posted. Definitions are not necessarily universal between different titles of the Indiana Code.

I may try and look it up later if I get a chance.

Best,

Joe

 

[Fargo]

Found it, it is in the Indiana Adminstrative Code under 312 IAC 9-3-3:

(c) During the firearms season established in section 4(e) of this rule, an individual must hunt deer only with any of the
following equipment:
(1) A shotgun.
(2) A shotgun with rifled barrel.
(3) A handgun.
(4) A muzzleloading long gun.
(5) A muzzleloading handgun.
(6) A rifle, with the use of cartridges described in subsection (d)(4) only.
(7) A bow and arrows described in subsection (b)(1) through (b)(5).
(d) As used in section 2 of this rule, this section, and sections 4 through 8 of this rule, a firearm must meet the following
specifications:
(1) A shotgun must have a gauge 10, 12, 16, 20, or .410 bore loaded with a single projectile.
(2) A handgun must:
(A) conform to the requirements of IC 35-47-2;
(B) have a barrel at least four (4) inches long;
(C) fire a bullet of two hundred forty-three thousandths (.243) inch diameter or larger; and
(D) not be a rifle that has a barrel less than eighteen (18) inches or is designed or redesigned to be fired from the
shoulder.

Unfortunately, it appears they thought of this already.

Best,

Joe

 

[samot]

Very good Fargo !!
Repped
it appears no deer hunting with an SBR in IN !!

 

[IndyMonkey]

Damn it, my enjoyment has be smashed again by someone with superior knowledge.

 

[neraph]

EDIT: nevermind