more "spotlighting" questions

[subzero350]

I searched but could not find a clear and definitive answer on this...

The 2015-2016 Hunting Guide states:

It is illegal to shine a spotlight, searchlight or other artificial light for the purpose of taking, attempting to take or assisting another per to take a deer, or to shine such a light while in possession of a firearm, bow, or crossbow.

It is also illegal for a person to deliberately cast a spotlight or other artificial light from a motor vehicle if in possession of a firearm, bow or crossbow.

I completely understand the underlined first part of that regulation, as it is worded. But my questions begin halfway thru the first sentence. (Please note I am licensed to carry a handgun in the state of Indiana for personal protection.)

1) Is it illegal for me to shine a light (from a bright flashlight) from my motor vehicle to inspect for damage to my tree stands (which can be seen from the road) if I drive by my hunting property after dark if I am in possession of a loaded handgun (for personal protection) in the vehicle?

2) Is it illegal for me to shine a light from a motorboat for navigational purposes at night if I'm in possession of my loaded handgun?

3) Is it illegal to use a spotlight while bow fishing? (I've seen people do this over the years and it would seem to violate the spotlighting regulation as it is written in the second sentence from the hunting guide shown above, that is if a boat being powered by electric or gas motor is considered to be a "motor vehicle".)

[morrison]

I have posted the Indiana Code below. There is NOT an exception listed for an individual with a personal protection permit for a handgun. In order to be clear and possibly alleviate Second Amendment inquiries, I will clarify how this is intended as well as how it is a constitutional statute. This statute does not limit or control your right to possess a firearm. This statute controls your actions of using an artificial light. If you choose to carry your firearm, the statute puts limitations on when and how you may legally use an artificial light. If an individual chooses to use an artificial light as restricted by this statute, the individual freely chooses NOT to possess a firearm.

1) According to the statute listed below, the action you described is illegal. Again, there is no exception to the statute for personal protection permits.

2) The Indiana Code has a statute that defines a motor vehicle. A motorboat is not considered a motor vehicle.

3) the same response as number 2)

IC 14-22-6-7
Jacklighting prohibited Sec. 7.
(a) This section does not apply to an employee of the department, an employee of a federal wildlife management agency, or a person who:
(1) is acting in the performance of the employee's or a person's duties or in accordance with the conditions of a license; and
(2) has received the express written consent of the director for the employee's or person's action.
(b) An individual 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) An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light.
(d) An individual 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.


9-13-2-105. Motor vehicle.
(a)  “Motor vehicle” means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
(b)  “Motor vehicle”, for purposes of IC 9-21, means:
(1)  a vehicle that is self-propelled; or
(2)  a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c)  “Motor vehicle”, for purposes of IC 9-19-10.5, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include the following:(1)  A farm tractor.(2)  A motorcycle.(3)  A motor driven cycle.
(d)  “Motor vehicle”, for purposes of IC 9-32-13, includes a semitrailer.
(e)  “Motor vehicle”, for purposes of IC 9-24-6, has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.
(f)  “Motor vehicle”, for purposes of IC 9-25, does not include the following:
(1)  A farm tractor.
(2)  A Class B motor driven cycle.Burns Ind. Code Ann. § 9-13-2-105