Sounds like your county game warden needs some more training...

From http://www.tnwildlife.org

Hunting From A Stationary Vehicle


On private property, hunting while in or on a vehicle that cannot be legally licensed to operate on public highways in Tennessee (ORV, ATV) is permitted providing the vehicle is stationary (engine may be running). Hunting from any vehicle, stationary or otherwise, is prohibited from a public road, right-of-way, or on public property, including WMAs.

All this tells you is that it is legal to hunt from a four-wheeler. It does not say that it is illegal to hunt from a truck.

All this tells you is that it is legal to hunt from a four-wheeler. It does not say that it is illegal to hunt from a truck.

"Inclusio Unius est exclusion alterius" is a legal term used when parcing and drafting legal language. Literally, it means "the inclusion of one means the exclusion of another." However, it ONLY applies when a statue PROHIBITS something. I will give you an example. (Read it slowly so you'll understand Strut)

Hypothetical law:
"The use of a rifle with an affixed silencer is prohibited for use during Deer Season."

- Applying the Inclusio Unius principle stated above, you could safely conclude that rifles which do not have affixed silencers are NOT prohibited (i.e unsilenced rifles are legal). If they were illegal, the the law wouldn't have specified "rifles with an affixed silencer."

This principle would NOT apply however, if the language in question was PERMISSIVE.

Example
Hypothetical Law: "The use of a rifle with an affixed silencer is permissible for deer hunting."

- After reading this language, you could NOT(correctly) say that the use of a rifle which does not have an affixed silencer is illegal. It just doesn't work that way.

The language in the original thread tells us that it is Permissible to hunt from a stationary vehicle, even if that vehicle cannot be licensed for use on public roads.

The language DOES NOT tell us that it is illegal to hunt from stationary vehicles which CAN be licensed for use on public roads. It is silent regarding such vehicles.

Understand?

Why might you think that?

"Inclusio Unius est exclusion alterius" is a legal term used when parcing and drafting legal language. Literally, it means "the inclusion of one means the exclusion of another." However, it ONLY applies when a statue PROHIBITS something. I will give you an example. (Read it slowly so you'll understand Strut)

Hypothetical law:
"The use of a rifle with an affixed silencer is prohibited for use during Deer Season."

- Applying the Inclusio Unius principle stated above, you could safely conclude that rifles which do not have affixed silencers are NOT prohibited (i.e unsilenced rifles are legal). If they were illegal, the the law wouldn't have specified "rifles with an affixed silencer."

This principle would NOT apply however, if the language in question was PERMISSIVE.

Example
Hypothetical Law: "The use of a rifle with an affixed silencer is permissible for deer hunting."

- After reading this language, you could NOT(correctly) say that the use of a rifle which does not have an affixed silencer is illegal. It just doesn't work that way.

The language in the original thread tells us that it is Permissible to hunt from a stationary vehicle, even if that vehicle cannot be licensed for use on public roads.

The language DOES NOT tell us that it is illegal to hunt from stationary vehicles which CAN be licensed for use on public roads. It is silent regarding such vehicles.

Understand?

All this tells you is that it is legal to hunt from a four-wheeler. It does not say that it is illegal to hunt from a truck.

This law is NOT silent about other vehicles.

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

(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.

So, it is illegal to hunt from your truck!

"On private property, hunting while in or on a vehicle that cannot be legally licensed to operate on public highways in Tennessee (ORV, ATV) is permitted providing the vehicle is stationary (engine may be running). Hunting from any vehicle, stationary or otherwise, is prohibited from a public road, right-of-way, or on public property, including WMAs."

Your truck can be licensed to operate on public highways, so that would be illegal.

I own a Nissan pickup that CANNOT be legally driven on a public road/highway, although it is operational. Can I hunt from it?

Many ATV's(Polaris, Razers, Rangers, etc.) can be and are registered to operate on public roads(minimum speed vehicles). Does this mean this class of vehicles is illegal?

These vehicles can be titled and registered, but cannot be licensed. The statute specifically says licensed.

These vehicles can be titled and registered, but cannot be licensed. The statute specifically says licensed.

These vehicles can be titled and registered, but cannot be licensed. The statute specifically says licensed.

Yes they can be licensed, I have a friend that has one, tag and all just like a truck.

Then he'd better not hunt from it; he'd have no defense. Then according to a previous answer, that would make all of these vehicles belong to a class which could be licensed, therefore all would be illegal?

Yes they can be licensed, I have a friend that has one, tag and all just like a truck.

He probably has it licensed as a Medium speed vehicle. You have to lie on a waiver to get it licensed. They will give you a tag but that doesn't make it legal