Spotlighting Question

[lunarpowered]

My wife and I recently went walking on trails at night with flashlights. The neato factor is that we could see multiple deer, racoons, and other wildlife. I had a handgun and knife on my person while doing this. A friend of mine said he believes that is classified as "spotlighting" and is illegal.

We were'nt there to harm any animals as the gun and knife are strictly for defense.

Would it be considered spotlighting?

[DaveTN]

No.

[Guest BEARMAN]

No.

I dunno, Dave...an over acheiving TWRA officer might try an get a feather in his cap, and say it was spotlighting.

Just saying.

You know how certain laws are misconstrued nowadays, even though OP meant no harm.

[Fallguy]

70-4-110(a)

It is unlawful for any person, or one (1) or more of a group of persons together, to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light from any motor vehicle or vessel or with the aid of any motor vehicle or vessel, on any highway, or in any field, woodland, or forest, or the waters of the state, in an apparent attempt or intent to locate deer by the use of such light

http://www.michie.com/tennessee/

Really doesn't say anything about hunting or even having a weapon. Basically if you just shine a light to find or try to find the deer it is technially spotlighting. Would a TWRA officer cite you? Who knows....

[lunarpowered]

So, it appears you have to use or be within a motor vehicle or vessel?

[Fallguy]

So, it appears you have to use or be within a motor vehicle or vessel?

Not 100% sure...the use and location of commas (,) semi-colons ( and other punctuation makes a difference and I'm not always able to follow sometimes.

[Oh Shoot]

Not 100% sure...the use and location of commas (,) semi-colons ( and other punctuation makes a difference and I'm not always able to follow sometimes.

Sometimes dem trouble-making semicolons just magically turn into a winkie face too.

- OS

[DaveTN]

It requires intent; which you do not have.

It’s a law to prevent “Shining Deerâ€.

The possibility always exists that you could be cited for something you didn’t do. But I would enjoy my walks with my wife and not worry about it.

I would say the chances are much higher of something killing you and eating you than getting cited.

(Sorry, but that’s more realistic. )

[Guest Jamie]

I would say the chances are much higher of something killing you and eating you than getting cited.

Or having this happen to ya... Which is a real good reason to be carrying a gun, in my opinion...

[Fallguy]

Sometimes dem trouble-making semicolons just magically turn into a winkie face too.

- OS

LOL...yep

[KahrMan]

The kids and I used to love driving thru the local parks at night with a spotlight to see deer and other animals. A metro park ranger asked us to stop one night. He told us that even if you are not hunting, they consider it wildlife harassment. He said he didn't mind but if a twra agent caught us that we would be fined. This was about 10 years ago.

[Fallguy]

The kids and I used to love driving thru the local parks at night with a spotlight to see deer and other animals. A metro park ranger asked us to stop one night. He told us that even if you are not hunting, they consider it wildlife harassment. He said he didn't mind but if a twra agent caught us that we would be fined. This was about 10 years ago.

That is sort of what I thought. The only "intent" required is to shine the light on the deer. Not that you are doing so to try and kill it.

[peejman]

I'll agree that the wording suggests that the light has to be attached to a vehicle of some sort, but the idea that you can be fined for walking through the woods at night with a flashlight is stupid.

Riddle me this... I've gone on a couple park ranger led night hikes (owl prowls) specifically to observe wildlife at night. We were breaking the law? Better tell the Boy Scouts and darn near every hiking club so they don't all get thrown in jail. I'd hope that a TWRA officer wouldn't be so bored as to pursue that.

[Fallguy]

I'll agree that the wording suggests that the light has to be attached to a vehicle of some sort, but the idea that you can be fined for walking through the woods at night with a flashlight is stupid.

Riddle me this... I've gone on a couple park ranger led night hikes (owl prowls) specifically to observe wildlife at night. We were breaking the law? Better tell the Boy Scouts and darn near every hiking club so they don't all get thrown in jail. I'd hope that a TWRA officer wouldn't be so bored as to pursue that.

The law only mentions deer, not other wildlife.

[Guest ADAM]

if your just walking through and using the light for guidance and happen to caught a couple of eyes looking at you big deal, just

don't be holding the beam on the animal for any length of time and TWRA or whoever wont say a word. I think that its a 50 dollar fine for

spotlighting without a weapon, and with a weapon its much more and they can seize your firearm. As for me I would continue to enjoy my walks.

[Fallguy]

if your just walking through and using the light for guidance and happen to caught a couple of eyes looking at you big deal, just

don't be holding the beam on the animal for any length of time and TWRA or whoever wont say a word. I think that its a 50 dollar fine for

spotlighting without a weapon, and with a weapon its much more and they can seize your firearm. As for me I would continue to enjoy my walks.

70-4-110© says it is a Class B misdemeanor, think that is more than a $50 fine.

But I agree, happening to catch a glance of a deer in your light isn't a problem, it's when you are trying to locate one.

[Guest BEARMAN]

if your just walking through and using the light for guidance and happen to caught a couple of eyes looking at you big deal,

As for me I would continue to enjoy my walks.

This ^^^^^^^^^^^^^

And keep your handgun properly concealed. You and your lady, go forth....without fear....into the night.

[peejman]

70-4-110© says it is a Class B misdemeanor, think that is more than a $50 fine.

But I agree, happening to catch a glance of a deer in your light isn't a problem, it's when you are trying to locate one.

Which is specifically what we were doing, trying to locate animals. Deer, raccoons, owls, possums, squirrels, bobcats, bears, ... anything that might be moving around in the woods at night. Sweep the beam around looking for glowing eyes, then move in for a closer look. Most were completely oblivious to the light shining on them.

I feel sure the intent is that spotlight hunting is illegal. But that's not what the law says. Our esteemed legislators really thought that one through when they wrote it. Morons.

[Fallguy]

Which is specifically what we were doing, trying to locate animals. Deer, raccoons, owls, possums, squirrels, bobcats, bears, ... anything that might be moving around in the woods at night. Sweep the beam around looking for glowing eyes, then move in for a closer look. Most were completely oblivious to the light shining on them.

I feel sure the intent is that spotlight hunting is illegal. But that's not what the law says. Our esteemed legislators really thought that one through when they wrote it. Morons.

From what I can tell you can shine a light on the animals in bold all night long if you want...it's only deer that 70-4-110 applies to.

Wildlife laws don't apply just to hunting, but for the general welfare of wildlife.

Locating a deer's habitat at night so you can hunt it the next day doesn't require you to be armed or hunting at night. Which no more than I know about hunting and wildlife is what I figure this law is trying to prevent.

As you say though, the trouble is the TWRA officer has no way of knowing whether someone is shinning the deer for that reason or not.

[buck1032]

I guess I have been guilty of this offense more times than I can count. We have a nice clearing/field as a front yard. We live on top of a hill, with 900 or so feet of driveway to the road. Yes I get pretty darn lazy taking the trash down, i put it on the truck and drive. I know deer bed in the "valley" in our front yard. I have been known to break out the spot light on them just to see them, as I drive on down to the road to drop off our trash cans. Who knew that was illegal on my part? Also when the yset off my driveway alarm I have shined the flash light on them for my 4 y/o son to see them. I guess I should be a bit more carefull in the future. Or better yet, got out and explain to the deer that, should they not like getting lite up, they should just go around my driveway alarm. LOL

[Fallguy]

The law on this has recently changed, somewhat.

The Governor signed HB0799/SB0836 yesterday.

The orginal bill would have made it clear that it was only unlawful only if it was "with the intent of hunting deer".

However Seneate Amendment 1 passed on 4-11-2011 which rewrote the bill. So what passed still makes it illegal to cast a light on deer "in an apparent attempt or intent to locate deer by the use of such light", but makes an exception if you are on your own land or have permission from the land owner...but even then you still can't do it form a public road.

[oldogy]

The law on this has recently changed, somewhat.

The Governor signed HB0799/SB0836 yesterday.

The orginal bill would have made it clear that it was only unlawful only if it was "with the intent of hunting deer".

However Seneate Amendment 1 passed on 4-11-2011 which rewrote the bill. So what passed still makes it illegal to cast a light on deer "in an apparent attempt or intent to locate deer by the use of such light", but makes an exception if you are on your own land or have permission from the land owner...but even then you still can't do it form a public road.

Oh I feel so much better knowing I can shine the beam of my 2,000,000 CP light down front a couple times most nights to see what wildlife happen to be in........Yeah, the dog and I enjoy walks at night. The deer usually don't get too concern about any of it...They have no reason to be. Oh, I feel so much better now that the law allows me to shine a light around on my own land:D Think the dog and I will take our last walk of the evening. Night all.

oldogy

[Fallguy]

Oh I feel so much better knowing I can shine the beam of my 2,000,000 CP light down front a couple times most nights to see what wildlife happen to be in........Yeah, the dog and I enjoy walks at night. The deer usually don't get too concern about any of it...They have no reason to be. Oh, I feel so much better now that the law allows me to shine a light around on my own land:D Think the dog and I will take our last walk of the evening. Night all.

oldogy

That was nice of them wasn't it?