Shotgun question

[hot shot]

I know that when hunting migratory game birds youre not suposed to have a gun capable of holding more than three shells (unless plugged). Opening weekend, a friend in my boat had a 3 1/2" Mossberg, and put the plug in before we left (watched him do it in my driveway) we got checked by the warden, and he was able to fit 3 shells in the magazine, +1 in the chamber making him not legal. He gave him a warning, but Im currious as to something written in the regulations (have been for years) It states

"No person shall tke migratory game birds: - With a shotgun capable of holding more than three shells, unless it is plugged with a one-piece filler which is incapable of removal without disassembling the gun."

This was the case in the situation last weekend, but heres my question (I would never do this, but have one of those minds that always tries to find a loop hole. A lot of people tell me I should have been a weesel.....I mean attorney)

If Im hunting with a gun with a factory installed extended magazine (Im thinking the old mossberg that held 9 shells, or even a magazine extension) and have a one piece filler plug, even though the gun is capable of holding more than three shells, how can I get a ticket? I know the interperation of the law is that you have to use a gun limiting you to 3 shells, but the way the law is written, as long as it has a one piece filler incapable of being removed without disassembly, I should be legal correct???


(reminder, I know how the law is interperated, and my gun is only capable of holding 3 shells, and it isnt worth the money/time/pain in the ass to try it, just currious)

 

[spanky]

Paging George

 

[topgunz1]

An extended tube would require an extended plug to make the gun only able to hold 3 shells total.

 

[George]

as long as ther gun only holds 3 shells. that includes all sizes of shells. the plug has to be one piece!

 

[Jimmy Dean]

I do see what he is saying, the law does not seem to specify that the plug has to limit it to three shells, it just says that if the gun is capable of holding more than three shells, it must have a plug, no specifications on what the plug limits the gun to.

 

[hot shot]

I do see what he is saying, the law does not seem to specify that the plug has to limit it to three shells, it just says that if the gun is capable of holding more than three shells, it must have a plug, no specifications on what the plug limits the gun to.

Ghats whatcim getting at. As long as my gun is plugged what if it'll hold 7?

 

[LACamper]

Its kinda like open carry (oohh boy, I shouldn't have said that!). Its probably legal, but what's the saying about beating the rap but not the ride?

 

[George]

as long as the gun is pluged... doesnt matter how many the tube can actuallyy handle

 

[spanky]

as long as the gun is pluged... doesnt matter how many the tube can actuallyy handle

 

[jmcrawf1]

^^^^^What he said

 

[dmiculek]

Speaking as a former Wildlife Agent......Regardless the length of the mag tube, the shotgun cannot hold more than 3 shells (two in the magtube and one in the chamber). Plug must be one piece and incapable of removeable w/o disassembling the gun. FYI, just removing the end cap is disassembling the gun. You do not have to have the spring retainer in the gun to be compliant.

With the newer 3 1/2" shotguns out there, it is the shooters responsibilty to be sure he is compliant. Most agents use a plastic type rod to insert into the mag tube. (Way safer than using ammo). If he used said device on my firearm and said I wasn't compliant, I would ask him to try with the ammo I had in my possession.