Just when you think the deer hunting weapons controversy has been resolved, someone throws a monkey wrench into what constitutes legal hunt weapons. Not long ago, Hoosier hunters went through the agony of determining which high-powered handguns were acceptable; then, it was what rifles using handgun cartridges were acceptable. Following was the unexpected Department of Natural Resources (DNR) declaration that high-powered rifles were legal weapons, with only a few cartridges excluded for inexplicable reasons. The deer legal weapons rules were almost to the point of making sense until well-meaning legislation brought down the legality of any deer rifles being used on state or federal property. As written, the legislation excludes rifles using pistol ammunition, which were once legal for use. In short, if you plan on hunting deer on state or federal property this year, thanks to our well-meaning legislators, you can leave your rifle at home. When asked about the unintended consequences of House Bill 1231, state Rep Sean Eberhart maintained the bill had been reviewed and found to be totally acceptable by various professionals, including officials from the DNR. I’m not sure who reviewed and claimed the bill to be justifiable and properly worded, but upon reading the digest of the bill, even this poorly educated outdoor writer notices in the first line a distinct absence of the wording “and state properties” following “on privately owned land.” Digest House Bill 1231: “Deer hunting. Provides that certain rifles may be used to hunt deer on privately owned land during the firearms seasons beginning after June 30, 2016, and ending before Jan. 1, 2020. Requires the Department of Natural Resources to report on the impact of the use of rifles to hunt deer. Authorizes the use of a handgun that fires a commercially available bullet of 10 millimeters in diameter to hunt deer.” No mention of state or federal properties is included. The bill was authored by Rep. Lloyd Arnold and co-authored by Reps. Steven Stemler, Sean Eberhart, Mike Aylesworth, Ronald Bacon, Sue Errington, Jim Lucas, Jeff Ellington, Alan Morrison, Dale DeVon, Wendy McNamara and Heath Van Natter. The bill was sponsored by Sens. James Tomes, Mark Messmer and Brent Steele. The legislation left Indiana’s DNR in a lurch, with the Indiana Hunting & Trapping Guide now in error as to legal hunt weapons on public lands. Media specialists at the DNR are scrambling to get the word out to hunters prior to the gun season starting Nov. 18. Their press release reads as follows: “Due to recent legislation passed this year by the Indiana General Assembly, hunters can no longer use rifles when hunting deer on public land. ‘Public land’ includes both state and federal property. Before the change, the use of rifles on public land had been legal.” Hunters will have to fall back on the legal weapons in years past on state and federal property, as: “It remains legal to use a muzzleloader, shotgun or handgun when hunting deer on public land in accordance with deer hunting regulations.” One of the big impacts of the unforeseen change is going to be for young hunters coming into the field. I have heard from several proud parents telling how their youngster had been successful using a rifle chambering for the .44 magnum. The low recoil of the caliber and the effective range makes it ideal for young hunters. Use it on private land – but try it on state or federally owned land in Indiana this deer season, and you will be breaking the law. It has become apparent many of our Hoosier legislators could stand a lesson in the structure of fish and game laws in our state. Our state has a Natural Resources Commission (NRC) that should be involved in such rule changes. “The Indiana Natural Resources Commission is an autonomous board that addresses issues pertaining to the Department of Natural Resources. This 12-member board includes seven citizens chosen on a bipartisan basis, three ex officio members from state agencies, the chair of the advisory council and one representative of the Indiana Academy of Science (See IC 14-10).” The NRC has a mission statement easy to interpret: “To provide leadership in the responsible management and use of the natural and cultural resources of Indiana, consistent with directives made by the Governor and the Indiana General Assembly.” The NRC is committed to the following: •Facilitating receipt of professional opinions and comments from the public at large for incorporation into decision-making responsibilities •Overseeing a dispute resolution process fully capable of rendering full and fair determinations of disputes when necessary, but which also encourages parties to reach resolution through mediation when appropriate •In coordination with the director, developing policy for the management of the activities and facilities of the DNR •Directing the development of rules and non-rule policy documents that clearly and faithfully implement statutory pronouncements The last directive kind of covers it. But, it looks like the NRC was bypassed! Oh, we also have a fine organization called the Indiana Deer Hunters Assoc. One of their areas of expertise in the IDHA is that it “actively represents you, as deer hunters, before the state legislature and DNR.” Did someone solicit the opinion of the premier deer hunting group in Indiana about the legislation? We also have a group known as the Indiana Wildlife Federation, which since 1938 has existed “to promote the conservation, sound management and sustainable use of Indiana's wildlife and wildlife habitat through education, advocacy and action.” Did anyone ask them? Rep. Eberhart stated he hopes to arrive at a short-term solution and fix the law when the legislature convenes in January 2018. Fixing the problem is all fine and well, but keep in mind: Indiana deer firearms season starts Nov. 18 and ends on Dec. 3, 2017. Wouldn’t it be much easier for our legislators to make their recommendations to the NRC and have rules and regulations evolve through protocol, rather than “shoot from the hip” legislation? (No rifles allowed.) The views and opinions expressed in this column are those of the author and not necessarily those of Farm World. Readers with questions or comments may contact Jack Spaulding by email at jackspaulding@hughes.net or by writing to him in care of this publication. |