RIFLES SERVE NO LEGITIMATE PURPOSE ON PUBLIC PROPERTY

In 2016, the Indiana General Assembly enacted I.C. § 14-22-2-8 -- “Deer hunting; permitted firearms; required report”. This statute (subsection (b)(1)) limited rifle use to privately owned property during the firearms season. In 2017, this statute was amended by the legislature but the limiting provision remained intact.

Despite this clear legislative mandate, IDNR repeatedly permitted rifle access to public lands for deer hunting purposes while denying access to the public in both 2016 and 2017.

Signs at Potato Creek State Park, IN, November 27, 2017

Signs at Potato Creek State Park, IN, November 27, 2017

On January 10th, 2018, the Indiana Senate Judiciary Committee passed (8-1) Senate Bill 20 – a bill that again amends I.C. § 14-22-2-8. Unlike the previous versions, this bill does not limit rifle use exclusively to privately owned land and in fact, if adopted, would enable IDNR to authorize rifle access for hunting purposes on public land during four (4) deer hunting seasons – seasons that have historically spanned a period of 5 months. During this time, the public will be excluded from entering the public park(s) for all other uses.

Senate Bill 20 is of significant public import. Public land is reserved for the recreational use of everyone. Rifles are inherently dangerous instrumentalities and serve no legitimate purpose on public property.

Any benefit from allowing rifles on public property comes at great expense to the public at large and confers little, if any benefit, on any specific person.

What’s most disturbing about the proposed amendments is the Senate Judiciary Committee’s complicity in IDNR’s deliberate defiance of the clear legislative mandate. The message being telegraphed to all executive agencies is to simply ignore any legislation deemed unfavorable or inconvenient. The will of the people be damned.

The history of this statute is also disturbing. This statute was sold to elected officials in 2016 as a pilot program that would serve to gather data to determine the impact of rifle use for a limited duration of time. Yet every year this statute gets amended.

Of what value will data serve when the parameters are repeatedly altered?

Please contact your Indiana state Senator and respectfully urge him/her to protect the public’s safety and best interests by opposing SB 20.

(You can locate your elected Indiana state officials here.)

AN “EMERGENCY” RULE FOR POLITICAL CONVENIENCE

On November 3rd, 2017, Indiana Department of Natural Resources (“IDNR”) issued an Emergency Rule (“ER”) to abolish current state law that serves to prohibit rifle use on public property (state and federal land). This agency action follows widely published media reports about a “mistake” in recently adopted legislation (H.B. 1415) authored by Rep. Sean Eberhard, R-Shelbyville that limits rifle use to private lands.

Source: Express photo by Pradeep Yadav

Source: Express photo by Pradeep Yadav

The ER has not yet been published in the Indiana Register, but according to IDNR’s Daily Digest Bulletin, states:

“Rifle cartridges that were allowed in previous years on public land for deer hunting are allowed on public land again this year during the deer firearms season, the reduction zone season (in zones where local ordinances allow the use of a firearm), special hunts on other public lands such as State Parks and National Wildlife Refuges, and special antlerless season.” (emphasis added)

However, as the Indiana Law Blog reported, the 2017 legislation was not actually to blame for the rifle use restriction. This amendment did not alter the language that limited the use of rifles to private property. Rather, the limitation (I.C. § 14-22-2-8(b)(1), “The use of a rifle is permitted only on privately owned land”) was added in 2016. Regardless,  

“Deer hunting with rifles was permitted on public property during the 2016 deer season despite the statutory prohibition simply because no one noticed the 2016 change.”

Eager to remedy the mishap in time for deer hunting season, IDNR has turned to the temporary “emergency” rule process as a “quick fix.” The ER evidently enables the agency to thumb its nose at the legislature, or more importantly, the will of the people. This temporary rule making process apparently allows IDNR to subvert the General Assembly with a simple stroke of the pen.

One must reasonably question the validity of this legal maneuver and how a purely political issue could possibly qualify as an emergency situation.

Right to Hunt Measure is dangerous, unnecessary, and degrades State Constitution

Hoosiers will be asked to vote on whether or not to amend Indiana’s constitution to include Question #1:

shutterstock

shutterstock

“The right to hunt, fish, and harvest wildlife is a valued part of Indiana's heritage and shall be forever preserved for the public good. The people have a right, which includes the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to promote wildlife conservation and management and preserve the future of hunting and fishing. Hunting and fishing shall be a preferred means of managing and controlling wildlife. This section shall not be construed to limit the application of any provision of law relating to trespass or property rights.”

A state’s constitution is primary law. It is the architecture for society and government. Any changes must be clear, thoughtful, and infrequent since they should only reflect cultural or philosophical shifts of significant magnitude.

Indiana’s Bill of Rights represents the citizenry’s social contract and guides our dealings with each other and the government. These core rights facilitate our liberty and travel with us, unconfined by location or one’s surroundings.  

The right to kill does not, and cannot, qualify for this level of importance.

The right to hunt is not a societal core value, nor does it guide or serve any collective social purpose. It does nothing to enhance our social contract with each other or our government. In fact, many would argue we’re all more socialized without it.

The right to kill is not essential to our citizenship. It is not needed as a condition to exercise other rights that enable society to advance. (Rather, this proposed measure is deliberately designed to preclude societal advancement.)

The vast majority of Hoosiers do not participate in recreational killing. Elevating a violent hobby that has undergone a steady decline in popularity from a regulated privilege to the lofty status of a protected right is contemptible.

Other than procedurally-speaking, Question 1 is not a constitutional amendment at all. It is a legal placeholder that will allow political mischief and facilitate poor social policy. Its scope is limited to a lobbying block, and even then, only applies when its members are engaged in specific activities.

The proposed amendment is dishonest. It enables the government to pretend that violence and destruction are revered. The term “forever preserved” creates a false perception of virtue and importance. It also suggests that some truly fundamental right is currently under siege, thereby creating the false sense of urgency needed to get this absurd measure on the ballot.

The vague, undefined term “harvest” may grant heightened protection on wildlife trappers and their inherently cruel and indiscriminate trapping practices. Brutally painful and deadly traps can be cloaked as “traditional” to avoid or limit pesky regulatory oversight. Any public outrage about the recreational trapping of wildlife or human safety risks on public lands be damned.

As proposed, the measure intensifies the Department of Natural Resources’ pro-killing slant and delegates unwarranted discretion to this agency. This is the same wildlife agency that has repeatedly enacted harmful policies that circumvent public notice, silence public opinion and recklessly disregard public safety. Killing will, as usual, be authorized by a handshake while saving animals, or even leaving them alone, will become a bureaucratic nightmare likely soon regulated out of existence.

Constitutionalizing recreational killing alongside the right to freedom of speech and the press, the prohibition against slavery, and freedom of religion, is shameful. Commodifying inalienable rights for the sole benefit of the well-connected few screams of desperation and entitlement. Question 1 makes a mockery of Indiana’s constitution, will result in absurd consequences, and sets a dangerous precedent sure to open the floodgates for more special interest politicking.

The priority of this measure is evident. It is meant to enshrine some bizarre sense that killing is the only option while silencing the political speech of compassionate voices that favor non-violence and/or public safety. It serves to bind future generations to a single violent mechanism for interacting with wildlife regardless of whether it is safe, rational, ethical, or effective.

A small minority, even a vocal and armed one, should not determine what constitutes Indiana’s collective ideals.

Innovation and advancement of new ideas requires a governmental process that is responsive to the public’s will. Question 1 blatantly and openly violates the integrity and fundamental purpose of these democratic principles and should be emphatically rejected by all citizens respectful of the constitution.