(a) Any firearm, other hunting device, or equipment used in violation of §§ 70-4-116 – 70-4-118 may be seized and held for evidence by the agency. As used in this section, “equipment” does not include a self-propelled vehicle or a vehicle propelled or drawn by a self-propelled vehicle, wherever operated.

Terms Used In Tennessee Code 70-6-202

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) When a seizure of property under subsection (a) results in an arrest and the person charged with the offense is found to be not guilty by a court of competent jurisdiction, the property must be returned by the trial court.
(c) The court or jury that determines whether a violation of § 70-4-116, § 70-4-117, or § 70-4-118 has occurred shall also determine, in the same manner as provided in § 70-6-201, whether property seized pursuant to this section is contraband and should be forfeited to the state.
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