Is this legal?

[Planking]

I live on a country road and often seen people shining mine and my neighbors fields at night. There is always deer in them and some yahoo is always trying to look at them at night for whatever reason.

Late tonight someone was driving at a snails pace stopping in the same places where you can see the fields from the road during the day. I did not see a spotlight this time. I believe this person was using a thermal/night vision monocular. Is this legal to do from a road?

 

[Jcalder]

I live on a country road and often seen people shining mine and my neighbors fields at night. There is always deer in them and some yahoo is always trying to look at them at night for whatever reason.

Late tonight someone was driving at a snails pace stopping in the same places where you can see the fields from the road during the day. I did not see a spotlight this time. I believe this person was using a thermal/night vision monocular. Is this legal to do from a road?

No. It's illegal to shine a light trying to spot game.

 

[DaveTN]

Nevermind I just read the part that says we aren't supposed to post here.

 

[Specializedjon]

Illegal. TN Code 70-4-110

Two words....

Trail cam

Try and get a plate #

 

[knightrider]

No. It's illegal to shine a light trying to spot game.

Better read a little deeper, yes from the road, on private with permission without a weapon , and not in a motor vehicle hmmm

 

[Jcalder]

Better read a little deeper, yes from the road, on private with permission without a weapon , and not in a motor vehicle hmmm

It's been a while since I've read the regulation, but I do believe it stated if you are shining a light with the intent of locating game you were in violation. Obviously there's some restrictions, but shining fields with that intent would be illegal.

 

[PossumSlayer]

I thought even if you don't have a weapon it's still considered wildlife harassment or something like that

 

[Carlos]

I'm pretty sure the OP was asking about whether or not it's illegal to view game from the road with night-vision equipment.

(We all know that spotlights are against the law, weapon or not, you can't shine deer with a light.)

 

[Carlos]

Here's his question again, quoted for clarification.

"I believe this person was using a thermal/night vision monocular. Is this legal to do from a road?"

 

[JohnG30]

The only state that spot lighting is legal in is Pennsylvania.

 

[Andy S.]

Fair amount of misinformation in this thread. Few years back (2014 I think), it became legal in TN to spotlight at night on private property that one owned, or private property that one had permission for. No weapon allowed in vehicle.

2014 Tennessee Code
Title 70 - Wildlife Resources
Chapter 4 - Miscellaneous Regulations
Part 1 - Hunting and Fishing
§ 70-4-110 - Spotlighting deer -- Penalty.[/H1]
Universal Citation: TN Code § 70-4-110 (2014)
(a) (1) 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 or from 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, unless such person or persons direct such light onto property owned by such person or one of the persons involved, or such person or group of persons has written permission from the landowner to willfully throw or cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light onto the property of the landowner. Such written permission must be in immediate possession at all times and the individual shall display same upon demand of law enforcement.

(2) Notwithstanding subdivision (a)(1), it is unlawful 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, at any time from or on any public roadway.

(b) The operator of any motor vehicle or vessel from which the rays of an artificial light have been cast as outlined in subsection (a) shall immediately stop such vehicle or vessel upon the direction of any enforcement officer of the wildlife resources agency.

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

(d) In the prosecution of second or subsequent offenders, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either first or subsequent offenders, from hunting, fishing or trapping in this state for a period of one (1) year.

 

[Andy S.]

Late tonight someone was driving at a snails pace stopping in the same places where you can see the fields from the road during the day. I did not see a spotlight this time. I believe this person was using a thermal/night vision monocular. Is this legal to do from a road?

The only verbiage in the H&T Guide about it states "Prohibited Acts: Any electronic light amplifying night vision scope, thermal imaging device, or device while in possession of a firearm or archery tackle between sunset and sunrise." What led you to believe night vision monocular was being used? Did you see one?

 

[RockMcL]

The only state that spot lighting is legal in is Pennsylvania.

I grew up in PA (long ago...) and I know we spot lighted deer in fields routinely. I think it was legal in NY too. I recall nights seeing well over a 100 deer. No one in our family/friends ever thought of shooting a deer under light and called police &game warden when shots heard.

Jack lighting was the term for poachers using a light and was really rare back then but it did happen.

Sad that we can't be trusted. Even if it was legal here it would have to be unarmed so in today's world I could not do it. (Can't imagine driving naked (naked = unarmed).)

 

[Planking]

They were using thermals. I got to the bottom of it last night when they returned again. Hopefully that is the end of it.

 

[Planking]

The only verbiage in the H&T Guide about it states "Prohibited Acts: Any electronic light amplifying night vision scope, thermal imaging device, or device while in possession of a firearm or archery tackle between sunset and sunrise." What led you to believe night vision monocular was being used? Did you see one?

This is in a place where this kind of crap is common. Its another reason why you don't want hogs in your community. There is just some people in the area that think the rules don't apply to them and then you compound that with alot of hog hunters that hunt at night and you will have a few trouble makers. I run this equipment often because I have to try and save our farmland from the endless destruction so I'm familiar with it.

They weren't driving down the rd like a normal person does when they are going somewhere. They were acting like somebody that's trying to stop to see deer in specific spots were deer are common late at night without the use of a spotlight and that's exactly what they were doing.
At least that's what they said last night when they were yugoting their pants.