§ 4705. Shooting from motor vehicles or aircraft; shooting from or across highway; permit
(a) A person shall not take or attempt to take a wild animal by shooting from a motor
vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle
drawn by a motor-propelled vehicle except as permitted under subsection (e) of this
section.
(b)(1) A person shall not carry or possess while in or on a vehicle propelled by mechanical
power or drawn by a vehicle propelled by mechanical power within the right-of-way
of a public highway any of the following:
(A) a rifle, air rifle, arrow rifle, pre-charged pneumatic rifle, or shotgun containing
a loaded cartridge, shell, or other projectile in the chamber, mechanism, or in a
magazine, or clip within a rifle or shotgun;
(B) a muzzle-loading rifle or muzzle-loading shotgun that has been charged with powder
and projectile and the ignition system of which has been enabled by having an affixed
or attached percussion cap, primer, battery, or priming powder, except as permitted
under subsections (d) and (e) of this section; and
(C) unless it is uncocked, a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile,
or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except
as permitted under subsection (e) of this section.
(2) A person who possesses a rifle, crossbow, or shotgun, including a muzzle-loading rifle
or muzzle-loading shotgun, in or on a vehicle propelled by mechanical power, or drawn
by a vehicle propelled by mechanical power within a right-of-way of a public highway
shall upon demand of an enforcement officer exhibit the firearm for examination to
determine compliance with this section.
(3) As used in this subsection:
(A) “Air rifle” means a .22 or larger caliber device that fires a bullet solely by the
use of unignited compressed gas as the propellant.
(B) “Arrow rifle” means a device that fires an arrow or bolt solely by the use of unignited
compressed gas as the propellant.
(C) “Pre-charged pneumatic rifle” means an air rifle or arrow rifle for which the propellant
is supplied or introduced by means of a source that is physically separate from the
air gun or arrow gun.
(c) A person while on or within 25 feet of the traveled portion of a public highway, except
a public highway designated Class 4 on a town highway map, shall not take or attempt
to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or
a crossbow. A person while on or within the traveled portion of a public highway designated
Class 4 on a town highway map shall not take or attempt to take any wild animal by
shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person shall
not shoot a firearm, a muzzle loader, a bow and arrow, or a crossbow over or across
the traveled portion of a public highway, except for a person shooting over or across
the traveled portion of a public highway from a sport shooting range, as that term
is defined in section 5227 of this title, provided that:
(1) the sport shooting range was established before January 1, 2014; and
(2) the operators of the sport shooting range post signage warning users of the public
highway of the potential danger from the sport shooting range.
(d) This section shall not restrict the possession or use of a loaded firearm by an enforcement
officer in performance of his or her duty.
(e) Subsections (a) and (c) of this section shall not apply to a licensed hunter with
paraplegia or who is certified by a physician to be unable to pursue game because
of permanent severe physical disability, if he or she obtains a permit as provided
in this subsection. The Commissioner on receipt of satisfactory proof of the disability
of an applicant may issue a permit under this subsection. This permit shall be attached
to the license and shall remain in effect until the death of the holder, unless the
Commissioner has reason to believe the permit is misused. The holder of the permit
shall carry it at all times while hunting and shall produce it on demand for inspection
by any game warden or other law enforcement officer authorized to make arrests. The
holder of the permit may take game from a vehicle or boat but only if it is stationary
and is not within 10 feet of the traveled portion of a public highway. In no event
shall the holder of a permit shoot across the traveled portion of a public highway.
(f) The phrase “public highway,” as used in this section, means roads, including Class
4 roads, shown on the highway maps of the respective towns, made by the Agency of
Transportation, but does not include foot trails or private roads. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 279 (Adj. Sess.), § 1, eff. March 12, 1968; 1969, No. 35; 1973, No. 178 (Adj. Sess.), § 2; 1977, No. 103, § 2, eff. May 6, 1977; 1977, No. 143 (Adj. Sess.); 1991, No. 13, § 4; 1997, No. 99 (Adj. Sess.), § 7; 2003, No. 163 (Adj. Sess.), § 15a; 2007, No. 97 (Adj. Sess.), § 3; 2013, No. 78, § 12a; 2013, No. 96 (Adj. Sess.), § 38; 2013, No. 116 (Adj. Sess.), § 8, eff. May 5, 2014; 2017, No. 170 (Adj. Sess.), § 8; 2025, No. 47, § 4, eff. July 1, 2025.)