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Post by jjas on Jul 8, 2013 14:44:21 GMT -5
Is it legal for a parent to carry his/her handgun while sitting with their child on stand or in a blind, during the youth deer season if they (the parent) have a License to carry a handgun?
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Post by morrison on Jul 22, 2013 13:40:07 GMT -5
It is NOT legal for the adult that is accompanying the youth hunter to possess a firearm during the youth season. I have attached the Administrative rule that applies below. Let me know if you have any additional questions.
312 IAC 9-3-4 Season dates and bag limits Authority: IC 14-10-2-4; IC 14-22-2-6 Affected: IC 14-22 Sec. 4. (a) An individual must not take more than one (1) deer with each deer license. (b) The special youth deer season is two (2) consecutive days beginning on the Saturday immediately before October 1 or as approved annually by the director. (1) The seasonal limit for hunting deer under this subsection is one (1) antlered deer and the number of antlerless deer established under subsection (g) for the county being hunted. (2) A youth hunter who takes an antlered deer under this subsection may not take another antlered deer during the: (A) archery seasons established in subsection (c); (B) firearm season established in subsection (e); or (C) muzzleloader season established in subsection (f). (3) As used in this section, "youth" means an individual who is less than eighteen (18) years of age by the date of the hunt. (4) A youth who hunts a deer under this subsection must be accompanied by an adult of at least eighteen (18) years of age who: (A) does not possess a firearm, bow and arrow, or crossbow while in the field; (B) possesses a valid hunting license of any type that is not an apprentice license; (C) must not accompany more than two (2) youth hunters at any one (1) time; and (D) must be in close proximity and able to communicate with the youth hunter at all times.
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Post by morrison on Jul 30, 2013 15:52:52 GMT -5
When the above question was answered, my response was taken directly from the Indiana Administrative Code which regulates hunting in addition to Indiana Code. However, over the past couple of years, the Indiana Legislature has made changes to Indiana Code where it pertains to firearms and particularly, the use of handguns. One of these changes took place by amending IC 35-47-2-1 governing a permit to carry a handgun. We believe by amending this statute, the legislative intent was to allow the citizens of Indiana to possess and carry a handgun unless there was a substantial risk to public safety. In an attempt to follow their intent, the Department of Natural Resources has made amendments in Indiana Administrative Code governing DNR properties and other rules governing hunting if it was in compliance with IC 35-47-2-1. However, the youth season for deer and turkey was not changed due to the fact that handgun regulations do not typically pertain to the youth since the equipment restrictions already in place do not allow youth hunters to use a handgun. What was not taken into consideration was the adult that the Indiana Administrative Code requires to accompany the youth. Therefore, the Indiana Administrative Code pertaining to the youth seasons (312 IAC 9-4-11(f) and 312 IAC 9-3-4(b)(4)(A)) will be corrected to allow for the exception if a handgun is carried in compliance with IC 35-47-2-1. Please note that changes to Indiana Administrative Code take time to go through the legal process. Therefore, the officers working the field have been made aware of the situation as well as the solution. In the interim, an individual that is accompanying a youth hunter during the youth seasons for deer and turkey will be allowed to possess a handgun in compliance with IC 35-47-2-0.1 and IC 35-47-2-1.
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Post by Woody Williams on Jul 30, 2013 16:32:37 GMT -5
Thank you Morrison. That clears up everything.....
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