spotlighting and ltch

[shawkpilot]

They changed the law a few years ago allowing you to carry a defense pistol while hunting. Probably due to the guy in MN who opened up on hunters with an AK.

 

[Eddie]

They changed the law a few years ago allowing you to carry a defense pistol while hunting. Probably due to the guy in MN who opened up on hunters with an AK.

Three years ago my dad and I walked up on a meth lab with just our muzzleloaders. I've carried while hunting ever since.

 

[coaltrain444]

So why is .45 acp not allowed

 

[Rlee]

I personally used to drive around and look for deer just to observe them, as my father has for the last 40+ years. I have never been deer hunting and as far as I know neither has my father. But since I have had my LTCH I have ceased to drive around while operating a light.

Kinda knocks the observer into a "Hunter" category based upon possibilities. But IMHO a handgun and a deer or any set of eyes for that matter at a 100yds away could probably stand there all night while someone unloaded magazine after magazine and walk away unharmed ... Now if a rifle is within reach or in quick access bust them, Otherwise be realistic.

 

[Hoosierbuck]

A lot of strong opinions in this thread. Some of them without sufficient information to make such a stand, I am afraid. I am not going to pee on anybody's cornflakes, but I will throw some gasoline on the fire with a simple observation...
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.
As added by P.L.1-1995, SEC.15. Amended by P.L.13-2007, SEC.1.

What about the casting of the rays makes it deadly to the spotted animals? How would the State prove beyond a reasonable doubt that an animal could have been killed by the conduct? The casting of rays while in possession of a firearm reads only to be illegal if an animal could be killed by the casting of the rays. That is a poorly worded statute that would be difficult to enforce in a case where there was spotlighting and the mere presence of a firearm, as opposed to shots being fired, etc. How is exposing an animal via spotlight to you while driving slowly down the road and armed to the teeth any more deadly to the animal than observing that same animal in that same field while armed to the teeth in daylight? Anybody here ever drive down the road armed and see a deer in a field?

Just another wrinkle for the experts to debate if they are inclined. Carry on.

 

[Jack Ryan]

So it doesn't matter if you possess an LTCH. You think city cops are ruthless, draw the attention of a Conservation Officer and see how well you do.

... and good on them for it.

 

[Jack Ryan]

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

I do it all the time. I don't take a weapon with me to do it though.

I do it to scout areas for hunting and for big deer. There's no deer sign like seeing deer. There's nothing for seeing deer better, faster, or more of them than shining them with a spot light.

Now you know something you didn't know before. It's up to you if you adjust your opinion or not.

 

[Jack Ryan]

How would you like it if a deer and some of his deer buddies rolled up on you and shined a spotlight in your face and then blasted you in the gut? Its a good thing humans eyes don't reflect light.

Human eyes sure do reflect light just like every other animals do.

When deer develope opposing thumbs I'll start worrying.

 

[Jack Ryan]

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.

I think it's hilarious to sit in the bushes at the end of an evening hunt. Full camo, and soon as they hit the light up toward my house pow, FULL SPOT IN THE FACE, and down the road they go peddle to the metal!

Public land guys are already at it. They don't see anything and soon as it's dark there they go spotlighting every field and yard on the way home. You know they have everything they took with them hunting regardless if they are using it or not with the light they know thier hiney is grass if they get pulled over with it all and the light.

 

[Jack Ryan]

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 used to take my mom and dad out in the evening when they would come to visit just so they could see all the deer around and we would have supper at French Lick and drive back through the forrest.

I wanted to stop and jack a few deer and a couple tree stands but mom wouldn't go for it.

 

[Jack Ryan]

I saw you shining a light at that deer 100 yards away. You were going to shoot it with that .38 snub nose revolver in your ankle holster. Step out of the car please.

I read of a robo deer bust one time, it was full day time though, it was about a 78 year old grandma emptying her 25acp at a robo deer sting.

 

[Mike H]

I posted this question over at the Hunting Indiana message boards where they have a Ask the Conservation Officer room. His reply was that it is "Illegal to possess a firearm [no exceptions] while spotlighting". Even if you have a LTCH personal protection.

 

[.452browning]

when i was 17 some football buddys and i decided to do a little partyin in the woods behind some cornfields on one of our land. we were trying to start a bonfire at night and it was damp so we had headlights on. no more than 30 minutes and 2 beers later, whop whop. up pulls dnr. he then corrals the 20 of us into the back of a truck like a scared herd of cattle with weapon drawn and pointed at us (i dont blame him there were 20 of us and he didnt know what was goin on)...but long story short he took away my field knife i had and was using to hack off little limbs for firewood. luckily a police officer friend of mine got me off on the underage drinking charge but they never gave me back my knife......and i liked that knife

 

[.452browning]

when i was 17 some football buddys and i decided to do a little partyin in the woods behind some cornfields on one of our land. we were trying to start a bonfire at night and it was damp so we had headlights on. no more than 30 minutes and 2 beers later, whop whop. up pulls dnr. he then corrals the 20 of us into the back of a truck like a scared herd of cattle with weapon drawn and pointed at us (i dont blame him there were 20 of us and he didnt know what was goin on)...but long story short he took away my field knife i had and was using to hack off little limbs for firewood. luckily a police officer friend of mine got me off on the underage drinking charge but they never gave me back my knife......and i liked that knife

and the call on us was for spotlighting deer

 

[Hoosierbuck]

I posted this question over at the Hunting Indiana message boards where they have a Ask the Conservation Officer room. His reply was that it is "Illegal to possess a firearm [no exceptions] while spotlighting". Even if you have a LTCH personal protection.

Yet you can tell by reading the statute that it is not as clear cut as that. If you don't want to put yourself in the position of having to explain that or argue your point, best to just not spotlight with a gun in the car.

 

[Kirk Freeman]

I posted this question over at the Hunting Indiana message boards where they have a Ask the Conservation Officer room. His reply was that it is "Illegal to possess a firearm [no exceptions] while spotlighting". Even if you have a LTCH personal protection.

While inside the car, yes, he's correct.

The solution: get out of the car, or use the car's headlights.

 

[Hoosierbuck]

While inside the car, yes, he's correct.

AGAIN...read the statute. It is not as cut and dried as the officer indicates. There is NO case law on this statute pursuant to a check of Westlaw this afternoon. (Except for one case dealing with disposition of confiscated weapons after conviction.) I would not acquiesce that the conservation officer is technically correct here.

 

[Kirk Freeman]

AGAIN...read the statute. It is not as cut and dried as the officer indicates.

O.K., but we've already read the statute and I just told you that it is not as broad as DNR is trying to make it (flex their muscle and read stuff into the statute like any good bureaucrat).

If you want to "shine" deer, get out of your car and use the spotlight, or use the car's headlights. The nephews will love 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.

 

[IDCC]

I used to take my mom and dad out in the evening when they would come to visit just so they could see all the deer around and we would have supper at French Lick and drive back through the forrest.

I wanted to stop and jack a few deer and a couple tree stands but mom wouldn't go for it.

"Orangeville shortcut" through the Hoosier National Forest?

 

[Jack Ryan]

"Orangeville shortcut" through the Hoosier National Forest?

Shirley Creek horse camp.