70-4-109 - Hunting from aircraft, watercraft or motor vehicles unlawful Penalty Exception for persons confined to wheelchairs.

70-4-109. Hunting from aircraft, watercraft or motor vehicles unlawful Penalty Exception for persons confined to wheelchairs.

(a)  It is unlawful to chase, hunt, or kill any wild birds, wild animals or wild fowl in the state of Tennessee from any craft propelled by electric, gasoline, steam or sail power, or airplane or hydroplane or from any automobile or motor vehicle, unless otherwise provided by law, rule and regulation or by proclamation; provided, that under no circumstance shall this subsection (a) be construed as authorizing the legalization of hunting from an automobile or motor vehicle while under power.

(b)  Notwithstanding subsection (a), any person totally and permanently confined to a wheelchair as certified by appropriate documentation to the executive director may hunt or kill any wildlife from a stationary automobile or motor vehicle during the lawful hunting seasons; provided, that it is unlawful for such person to shoot directly across or over any road, path or other right-of-way; and provided further, that any such persons shall be accompanied by another person who is not so confined at all times when hunting, and that such person shall retrieve all game taken in such hunt.

(c)  A violation of this section is a Class C misdemeanor.

[Acts 1951, ch. 115, § 36 (Williams, § 5178.65); 1979, ch. 237, § 1; T.C.A. (orig. ed.), § 51-416; Acts 1989, ch. 591, § 113; 2005, ch. 109, § 1.]