Carrying at Indiana DNR properties

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • INGunGuy

    Shooter
    Rating - 0%
    0   0   0
    Dec 1, 2008
    1,262
    36
    Jeffersonville, Indiana
    Ok, there is another thread here on INGO about working with DNR to update literature that talks about a CC instead of the Indian LTCH. Well I looked on the Falls of the Ohio State Park web site looking for information on the legality of carrying since it was stated by a DNR officer that carrying was prohibited since it is a Corps of Engineers location and federally it was prohibited. I received the following e-mail from the DNR:

    Handgun possession is prohibited on Falls of the Ohio State Park and DNR Reservoir properties except for Hardy Lake, because they are actually the property of the U.S. Army Corps of Engineers. These properties are managed by DNR under lease agreements. It is an overriding Federal law that prohibits handgun possession there. The applicable Indiana law is 312 IAC 8-2-3. I have attached a highlighted version. You can view the property regulations in their entirety at:
    Indiana General Assembly - Indiana Register
    You will need to open Article 8.

    Capt. Michael Portteus
    Indiana DNR Law Enforcement Div.
    Records & Communications Section
    (317) 232-4012
    MPortteus@dnr.IN.gov

    So I decided to look at 312 IAC 8-2-3 which is as follows:

    Indiana Administrative Code Page 1
    ARTICLE 8. PUBLIC USE OF NATURAL AND RECREATIONAL AREAS
    Rule 1. Administration and Definitions
    312 IAC 8-1-1 Application
    Authority: IC 14-10-2-4; IC 14-11-2-1
    Affected: IC 14
    Sec. 1. This article applies to use by a person of any DNR property. (Natural Resources Commission; 312 IAC 8-1-1; filed
    Oct 28, 1998, 3:32 p.m.: 22 IR 738, eff Jan 1, 1999; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25,
    2010, 2:58 p.m.: 20100421-IR-312100037RFA)
    312 IAC 8-1-2 Administration
    Authority: IC 14-10-2-4; IC 14-11-2-1
    Affected: IC 14
    Sec. 2. (a) Except as provided in subsection (b), this article is administered by the department.
    (b) This article does not apply to a person who has contracted with the department, if the person is conducting business of
    the department, or to any of the following while performing official duties for the department or commission:
    (1) An employee of the department.
    (2) A member of the commission.
    (3) An employee of the commission.
    (4) A member of the advisory council.
    (5) A member of the museum board of trustees.
    (6) A law enforcement officer.
    (Natural Resources Commission; 312 IAC 8-1-2; filed Oct 28, 1998, 3:32 p.m.: 22 IR 738, eff Jan 1, 1999; filed Sep 19, 2003, 8:14
    a.m.: 27 IR 455; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:58 p.m.: 20100421-IR-
    312100037RFA)
    312 IAC 8-1-3 Entrance and use requirements
    Authority: IC 14-10-2-4; IC 14-11-2-1
    Affected: IC 14
    Sec. 3. The commission may, in a master plan or by resolution, establish any of the following:
    (1) Fees for entrance into a DNR property or for a particular use within a DNR property.
    (2) Entrance and exit sites for a DNR property.
    (3) Conditions upon or prohibitions against particular uses within a DNR property or a portion of a DNR property.
    (Natural Resources Commission; 312 IAC 8-1-3; filed Oct 28, 1998, 3:32 p.m.: 22 IR 738, eff Jan 1, 1999; readopted filed Nov 17,
    2004, 11:00 a.m.: 28 IR 1315; readopted filed Mar 25, 2010, 2:58 p.m.: 20100421-IR-312100037RFA)
    312 IAC 8-1-4 Definitions
    Authority: IC 14-10-2-4; IC 14-11-2-1
    Affected: IC 9-13-2-196; IC 9-25-2-4; IC 14-8-2-185; IC 14-8-2-261; IC 14-31-1

    (5) "Firearm or bow and arrows" means:
    (A) a firearm;
    (B) an air gun;
    (C) a CO2 gun;
    (D) a spear gun;
    (E) a bow and arrows;
    (F) a crossbow;
    (G) a paint gun; or
    (H) a similar mechanical device;
    that can be discharged and is capable of causing injury or death to a person or an animal or damage to property.

    312 IAC 8-2-3 Firearms, hunting, and trapping Version a
    Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-22-2-6
    Affected: IC 14-22-11-1; IC 35-47-2
    NOTE: This version of section effective until January 1, 2011. See also following version of section, effective January 1, 2011.
    Sec. 3. (a) A person must not possess a firearm or bow and arrows on a DNR property unless one (1) of the following
    conditions apply:
    PUBLIC USE OF NATURAL AND RECREATIONAL AREAS
    Indiana Administrative Code Page 4
    (1) The firearm or bow and arrows are:
    (A) unloaded and unnocked; and
    (B) placed in a case or locked within a vehicle.
    (2) The firearm or bow and arrows are possessed at, and of a type designated for usage on:
    (A) a rifle;
    (B) a pistol;
    (C) a shotgun; or
    (D) an archery;
    range.
    (3) The firearm or bow and arrows are being used in the lawful pursuit of either of the following:
    (A) A wild animal on a DNR property authorized for that purpose.
    (B) A groundhog as authorized under a license.
    (4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army Corps of Engineers
    or Falls of the Ohio State Park:
    (A) with a valid unlimited license to carry a handgun:
    (i) issued under IC 35-47-2-3; or
    (ii) recognized under IC 35-47-2-21(b); or
    (B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-2.
    (b) Except as provided in subsection (a)(1) or (a)(4), a firearm or bow and arrows may not be possessed on DNR properties
    within any of the following:
    (1) A nature preserve unless hunting is authorized under subsection (c).
    (2) A property administered by the division of state museums and historic sites.
    (3) A campground.
    (4) A picnic area.
    (5) A beach.
    (6) A service area.
    (7) A headquarters building.
    (8) A hunter check station.
    (9) A developed recreation site.
    (c) A person may hunt on the following DNR properties:
    (1) A state forest administered by the division of forestry, including a portion of a state forest that is a nature preserve.
    (2) A reservoir property administered by the division of state parks and reservoirs.
    (3) A wildlife area administered by the division of fish and wildlife, including a portion of a wildlife area that is a nature
    preserve.
    (4) A nature preserve not otherwise approved for hunting under this subsection if approved in a written authorization by the
    director of the division of nature preserves.
    (d) A person hunting on any of the areas described in subsection (c) must do the following:
    (1) Comply with all federal and state:
    (A) hunting;
    (B) trapping; and
    (C) firearms;
    laws.
    (2) On a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station.
    The person must:
    (A) retain the permit and record card while in the field for the authorized date; and
    (B) as directed, return them to the department.
    (3) Refrain from hunting on a nature preserve if prohibited by signage posted at the site.
    (e) Unless otherwise posted or designated on a property map, a person must not place a trap except as authorized by a license
    issued for a property by an authorized representative. This license is in addition to the licensing requirement for traps set forth in IC
    14-22-11-1.
    (f) A person must not run dogs, except:
    PUBLIC USE OF NATURAL AND RECREATIONAL AREAS
    Indiana Administrative Code Page 5
    (1) during the lawful pursuit of wild animals; or
    (2) as authorized by a license for field trials or in a designated training area.
    A property administered by the division of fish and wildlife may be designated for training purposes without requiring a field trial
    permit. Only dogs may be used during field trials on a DNR property, except where authorized by a license on a fish and wildlife
    property.
    (g) Unless otherwise designated, a person must not discharge a firearm or bow and arrows within two hundred (200) feet of
    any of the following:
    (1) A campsite.
    (2) A boat dock.
    (3) A launching ramp.
    (4) A picnic area.
    (5) A bridge.
    (h) A person must not leave a portable tree blind or duck blind unattended except for the period authorized by 312 IAC 9-3-
    2(l).
    (i) The following terms apply to the use of shooting ranges:
    (1) A person must not use a shooting range unless the person is:
    (A) at least eighteen (18) years of age; or
    (B) accompanied by a person who is at least eighteen (18) years of age.
    (2) A person must:
    (A) register with the department; and
    (B) pay any applicable fees;
    before using a shooting range.
    (3) A person must shoot only at paper targets placed on target holders provided by the department. All firing must be
    downrange with reasonable care taken to assure any projectile is stopped by the range backstop.
    (4) Shot not larger than size 6 must be used on a shotgun range.
    (5) A person must not:
    (A) discharge a firearm using automatic fire;
    (B) use tracer, armor-piercing, or incendiary rounds;
    (C) play on, climb on, walk on, or shoot into or from the side berms; or
    (D) shoot at clay pigeons, except on a site designated for shooting clay pigeons.
    Glass and other forms of breakable targets must not be used on a shooting range.
    (6) A person must dispose of the targets used by the person under section 2(a) of this rule.

    312 IAC 8-2-3 Firearms, hunting, and trapping Version b
    Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-22-2-6
    Affected: IC 14-22-11-1; IC 35-47-2
    NOTE: This version of section effective January 1, 2011. See also preceding version of section, effective until January 1, 2011.
    Sec. 3. (a) A person must not possess a firearm or bow and arrows on a DNR property unless one (1) of the following
    conditions apply:
    (1) The firearm or bow and arrows are:
    (A) unloaded and unnocked; and
    (B) placed in a case or locked within a vehicle.
    (2) The firearm or bow and arrows are possessed at, and of a type designated for usage on:
    (A) a rifle;
    (B) a pistol;
    (C) a shotgun; or
    (D) an archery;
    range.
    (3) The firearm or bow and arrows are being used in the lawful pursuit of either of the following:
    (A) A wild animal on a DNR property authorized for that purpose.
    (B) A groundhog as authorized under a license.
    (4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army Corps of Engineers
    or Falls of the Ohio State Park:
    (A) with a valid unlimited license to carry a handgun:
    (i) issued under IC 35-47-2-3; or
    (ii) recognized under IC 35-47-2-21(b); or
    (B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-2.
    (b) Except as provided in subsection (a)(1) or (a)(4), a firearm or bow and arrows may not be possessed on DNR properties
    within any of the following:
    (1) A nature preserve unless hunting is authorized under subsection (d).
    (2) A property administered by the division of state museums and historic sites.
    (3) A campground.
    (4) A picnic area.
    (5) A beach.
    (6) A service area.
    (7) A headquarters building.
    (8) A hunter check station.
    (9) A developed recreation site.
    (c) A person must not discharge a firearm or bow and arrows on a DNR property except as follows:
    (1) As authorized for a law enforcement officer.
    (2) In the lawful defense of persons or property.
    (3) Under a department permit that authorizes the discharge.
    (4) As authorized at a shooting range.
    (5) In the lawful pursuit of wild animals. The exception provided in this subdivision does not apply within two hundred (200)
    feet of any of the following:
    (A) A campsite.
    (B) A boat dock.
    (C) A launching ramp.
    (D) A picnic area.
    (E) A bridge.
    PUBLIC USE OF NATURAL AND RECREATIONAL AREAS
    Indiana Administrative Code Page 7
    (d) A person may hunt on the following DNR properties:
    (1) A state forest administered by the division of forestry, including a portion of a state forest that is a nature preserve.
    (2) A reservoir property administered by the division of state parks and reservoirs.
    (3) A wildlife area administered by the division of fish and wildlife, including a portion of a wildlife area that is a nature
    preserve.
    (4) A nature preserve not otherwise approved for hunting under this subsection if approved in a written authorization by the
    director of the division of nature preserves.
    (e) A person hunting on any of the areas described in subsection (d) must do the following:
    (1) Comply with all federal and state:
    (A) hunting;
    (B) trapping; and
    (C) firearms;
    laws.
    (2) On a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station.
    The person must:
    (A) retain the permit and record card while in the field for the authorized date; and
    (B) as directed, return them to the department.
    (3) Refrain from hunting on a nature preserve if prohibited by signage posted at the site.
    (f) Unless otherwise posted or designated on a property map, a person must not place a trap except as authorized by a license
    issued for a property by an authorized representative. This license is in addition to the licensing requirement for traps set forth in IC
    14-22-11-1.
    (g) A person must not run dogs, except:
    (1) during the lawful pursuit of wild animals; or
    (2) as authorized by a license for field trials or in a designated training area.
    A property administered by the division of fish and wildlife may be designated for training purposes without requiring a field trial
    permit. Only dogs may be used during field trials on a DNR property, except where authorized by a license on a fish and wildlife
    property.
    (h) A person must not leave a portable tree blind or duck blind unattended except for the period authorized by 312 IAC 9-3-
    2(l).
    (i) The following terms apply to the use of shooting ranges:
    (1) A person must not use a shooting range unless the person is:
    (A) at least eighteen (18) years of age; or
    (B) accompanied by a person who is at least eighteen (18) years of age.
    (2) A person must:
    (A) register with the department; and
    (B) pay any applicable fees;
    before using a shooting range.
    (3) Except as otherwise provided in this subdivision, a person must shoot only at paper targets placed on target holders
    provided by the department. An authorized representative may approve the use of alternative targets on a supervised shooting
    range if the department determines a hazard to public safety would not result.
    (4) A person must fire downrange and take reasonable care to assure any projectile is stopped by the range backstop.
    (5) Shot not larger than size 6 must be used on a shotgun range.
    (6) A person must not:
    (A) discharge a firearm using automatic fire;
    (B) use tracer, armor-piercing, or incendiary rounds;
    (C) play on, climb on, walk on, or shoot into or from the side berms; or
    (D) shoot at clay pigeons, except on a site designated for shooting clay pigeons.
    Glass and other forms of breakable targets must not be used on a shooting range.
    (7) A person must dispose of the targets used by the person under section 2(a) of this rule.

    Well I am at a loss as to where we are able to carry on DNR properties. We go to Patoka Lake almost every weekend and from what I can tell, it is unlawful for me to carry there. Is there a list somewhere that lists the DNR properties that we can and can not carry? Now I am concerned about my legal status of carrying when we go camping.

    Thanks,

    INGunGuy
     
    Last edited:
    Rating - 100%
    1   0   0
    Jul 3, 2008
    3,639
    63
    central indiana
    If it is owned by the State of Indiana you can carry, if it is owned by Feds, things are not so clear.. new Fed law last year allowing carry in Nat Parks might allow carry on ACoE properties..
     

    VERT

    Grandmaster
    Site Supporter
    Rating - 100%
    23   0   0
    Jan 4, 2009
    9,858
    113
    Seymour
    Been down this road myself and to be honest it is a policy that really miffs me. Long story short I called three COs and got three different answers. Two basically were I don't know nor care. The other was a definate NO! Basically my understanding is the CoE reservoirs are off limits because it is federal property that is only managed by the state of Indiana. From what I saw the law change for National Parks and Wildlife areas did not say anything about the CoE. So, No you can't carry on a reservoir. Imagine that, property owned by the people for the people and all of the sudden you become a criminal by having an object that is legal almost everywhere else. This is one of the reasons I don't fish Monroe anymore.
     

    Reaper

    Marksman
    Rating - 0%
    0   0   0
    Jan 2, 2011
    270
    16
    Fishers, IN
    "I'm faaaaaaaaaaaaaalllllllllllllllllllllllllllllllllllllllllllllllllllling"...down the longest thread in the history of threads! Can someone send me the ciphor? Felt like i was reading code.
     

    INGunGuy

    Shooter
    Rating - 0%
    0   0   0
    Dec 1, 2008
    1,262
    36
    Jeffersonville, Indiana
    "I'm faaaaaaaaaaaaaalllllllllllllllllllllllllllllllllllllllllllllllllllling"...down the longest thread in the history of threads! Can someone send me the ciphor? Felt like i was reading code.

    And just remember, we are REQUIRED to know EVERY PART of that code, and if we dont, it doesnt matter, we are a criminal...

    Makes me sick...

    INGunGuy
     

    modelflyer2003

    Sharpshooter
    Rating - 0%
    0   0   0
    Dec 8, 2009
    652
    18
    Eastern Indiana
    Word Count and comment

    Interesting subject. I cannot say I read it all (or any), but for grins I cut and pasted into a Word document. Here are the results:
    23 pages
    9,920 words
    48,199 characters
    1,214 lines

    It would be nice to have a solid answer though. There is so much misinfomation surrounding the legalities of our sport. It seems that people try to express their desires when they are ingorant of the law. Example: "You cannot open carry in the State of Indiana. I know because my brother-in-law is a cop, and he said so. Besides that, I don't like my children seeing your gun. I have a right to protect my children."
     

    CopperWires

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 26, 2009
    327
    16
    Jeffersonville
    I didn't read it either but I'm wondering if being on a reservoir means being below the yellow line or even being on the water itself. Or perhaps they consider all of the state operated land surrounding the water/drainage area.
     

    Indy_Guy_77

    Grandmaster
    Rating - 100%
    16   0   0
    Apr 30, 2008
    16,576
    48
    I didn't read it either but I'm wondering if being on a reservoir means being below the yellow line or even being on the water itself. Or perhaps they consider all of the state operated land surrounding the water/drainage area.


    I think that this is the most confusing part about the deal.

    If your feet can get wet, pretty safe assumption that you're in a "no-go"
    zone. But what if you're above the highest flood level? Still count? Probably... *sigh*

    But what about the shooting range at Roush Lake? ;) In that instance, there's a better defined area that's actual IN DNR property as opposed to ACoE property.

    Personally, I'm glad that I don't live near any properties where the above rules/laws/regulations come into play. Makes it easier on ME.


    -J-
     

    VERT

    Grandmaster
    Site Supporter
    Rating - 100%
    23   0   0
    Jan 4, 2009
    9,858
    113
    Seymour
    What if the gun is not in their water but in my boat? Oh wait, that is a property rights issue. Not unlike having a gun in a locked vehicle at work. Interesting how that come to called "bring a gun to work". In some states a car or a boat is an extension of your home or in others words your property. That is not the case in Indiana. I think ACoE is still off limits in those other states. So, long intro to a simple question.

    Is it actually against federal law to carry at a ACoE reservoir? Is this just an administrative rule. Why is ACoE different then a national park?
     

    redbaron

    Marksman
    Rating - 100%
    4   0   0
    Nov 24, 2010
    297
    16
    Elberfeld
    Well I looked on the Falls of the Ohio State Park web site looking for information on the legality of carrying since it was stated by a DNR officer that carrying was prohibited since it is a Corps of Engineers location and federally it was prohibited.

    That sucks!! I go to the Falls quite regularly!! :(
     
    Top Bottom