(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111

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Terms Used In Tennessee Code 70-4-112

  • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
  • Motor vehicle: means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel. See Tennessee Code 70-1-101
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) It is lawful for any person to chase raccoons with dogs at any season of the year, but no raccoon shall be killed or taken except during open season for killing or taking of raccoons, as may be prescribed by the fish and wildlife commission or other body possessing the power to regulate open and closed seasons for game. No person chasing raccoons with dogs shall use or carry any firearms, axes or climbing instruments except during such open season as may be proclaimed as set forth in this subdivision (a)(1); except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun as defined in § 39-11-106, so long as the handgun is not used for the taking of game. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle.
(2)

(A) Notwithstanding this section, this part or any public or private act to the contrary, in Morgan County and in counties that are located entirely east of U.S. Highway 27, the commission shall establish a minimum training season of not less than six (6) months each year, within which period raccoon dogs may be trained. Such raccoon dog training season shall not commence earlier than June 1 of each year. Such six-month period need not be consecutive. Within such training season, a person chasing raccoons with dogs shall not use or carry any firearms, axes, or climbing instruments except during such open season as may be proclaimed pursuant to this section; except that, a person who is not otherwise prohibited by law from possessing a handgun may carry a handgun, as defined in § 39-11-106, so long as the handgun is not used for the taking of game. No raccoon shall be killed or taken except during such open season. No raccoon shall be shot at any time in the year either from a boat or any type of motor vehicle. The commission shall establish a minimum raccoon hunting season of not less than six (6) weeks each year, which season shall not commence sooner than November 1 of each year. Such six-week period need not be consecutive. The commission has the authority to extend the training season or hunting season, or both, to such additional periods of time as it deems justified based on the raccoon population in the area involved in any section or sections of the state.
(B) To the extent that this subdivision (a)(2) conflicts with § 70-4-122, any public act or any private act, this subdivision (a)(2) controls and shall supersede such laws.
(b) Any person violating this section commits a Class C misdemeanor, and, in addition to the penalties prescribed by § 40-35-111 for Class C misdemeanors, is prohibited from hunting, chasing, or trapping for a period of not less than one (1) year.