SECTION 50-11-760. Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties.
(A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.
(B)(1) For purposes of this section, "hunting" includes:
(a) taking deer by occupying stands for that purpose; or
(b) possessing, carrying, or having readily accessible:
(i) a loaded centerfire rifle; or
(ii) a shotgun loaded with shot size larger than number four.
(2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.
(3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:
(a) closed compartment;
(b) closed vehicle trunk; or a
(c) vehicle traveling on a public road.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction.
HISTORY: [Derived from former § 50-11-90 (1962 Code § 28-308; 1958 (50) 1935; 1961 (52) 30, 506; 1965 (54) 477; 1969 (56) 274; 1977 Act No. 164, § 1)]; 1988 Act No. 561, § 1; 1993 Act No. 181, § 1262; 2001 Act No. 69, § 1; 2003 Act No. 50, § 1.
SECTION 50-11-770. Unpermitted hunting with use of a dog on property without hunting rights; dog not to be harmed; penalties; suspension of hunting privileges; exceptions.
(A) For purposes of this section:
(1) "Hunting" includes:
(a) attempting to take any game animal, hog, or coyote by occupying stands, standing, or occupying a vehicle while; and
(b) possessing, carrying, or having readily accessible:
(i) a centerfire rifle with ammunition capable of being fired in that rifle; or
(ii) a shotgun with shot size larger than number four that is capable of being fired from that shotgun.
(2) "Possessing", "carrying", or "having readily available" does not include a centerfire rifle or a shotgun that is:
(a) unloaded and cased in a closed compartment or vehicle;
(b) unloaded and cased in a vehicle trunk or tool box;
(c) in a vehicle traveling in a normal manner on a public road or highway; or
(d) in case of a stander with no vehicle, encased or unloaded with the shells at least thirty feet away and stacked, piled, or otherwise gathered together in like fashion.
(B) Notwithstanding the provisions contained in Section 50-11-760, it shall be unlawful for any person to hunt from any road, right of way, property line, boundary, or property upon which he does not have hunting rights with the aid or use of a dog when the dog has entered upon the land of another without written permission or over which the person does not have hunting rights. The provisions of this section apply whether the person in control of the dog intentionally or unintentionally releases, allows, or otherwise causes the dog to enter upon the land of another without permission of the landowner.
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