Ghostloaded 935 legal for waterfowl?

davemccarthy707

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I was wondering if anyone knew the legal stance on a ghostloaded Mossberg 935 for waterfowl. Seems like it would be illegal to me. Just curious if the law reflects that.

Thanks.
 
"Question: When hunting migratory game birds, what is the largest gauge of shotgun that can be used and what is the maximum number of shells that can be loaded into my firearm?

Answer: A permitted shotgun cannot be larger than a .10 gauge and the capacity of the firearm must be modified so that the maximum number of shells it is capable of holding does not exceed three (3) in the magazine and chamber combined."


It's not clear to me at all. The follower is neither the chamber or the magazine. Also, if what you are saying is true, then an sx2 or 935 needs to be modified so it can only hold 1 in the magazine. I think the regs need a little adjusting.
 
"Question: When hunting migratory game birds, what is the largest gauge of shotgun that can be used and what is the maximum number of shells that can be loaded into my firearm?

Answer: A permitted shotgun cannot be larger than a .10 gauge and the capacity of the firearm must be modified so that the maximum number of shells it is capable of holding does not exceed three (3) in the magazine and chamber combined."


It's not clear to me at all. The follower is neither the chamber or the magazine. Also, if what you are saying is true, then an sx2 or 935 needs to be modified so it can only hold 1 in the magazine. I think the regs need a little adjusting.
I think it'd be real clear to the ministry if they pulled out your gun and it had four shells in it. You're arguing semantics.
 
I think it'd be real clear to the ministry if they pulled out your gun and it had four shells in it. You're arguing semantics.

Well my real question is what if I get some eager beaver CO who knows all about ghost loading. Takes my stock 935 and ghost loads 4 shells in it and proceeds to fine me. We have those new DOJ officers around here going around in full tac gear. I kid you not. I feel like making up a longer plug for the gun. As for hunting with 4 shells, the last thing I want to be doing is trying to fumble a 4th shell in to the gun, I have a hard enough time loading 3 ;)
 
First of all, the regs refer to conventional use of the firearm... Just put three in it and have a plug and you'll be fine....

Second of all, if you are that concerned about it then learn to ghost load it yourself and put a longer plug in the tube...
 
Potential and actual use are what you're trying to decipher.
By the same token, it would then be illegal to possess an o/u combination gun like the Savage 24 while hunting migratory birds as there's the "potential" to use the top barrel, ie. the one firing a single projectile, illegal for migratory birds.
 
"...think the regs need a little adjusting..." It has nothing to do with the regs. The 3 round law comes from the Migratory Bird Act, that comes from the Migratory Bird Treaty. If your shotgun holds more than three in the gun, you're in violation.
 
The letter of the law says 1 in the chamber, 2 in the mag for a total of three rounds combined. It is a very grey area, however You're probably going to unload when you see the CO anyways, and if he'd like to check your gun, it will only carry 3 rounds. ;)
 
Well my real question is what if I get some eager beaver CO who knows all about ghost loading. Takes my stock 935 and ghost loads 4 shells in it and proceeds to fine me. We have those new DOJ officers around here going around in full tac gear. I kid you not. I feel like making up a longer plug for the gun. As for hunting with 4 shells, the last thing I want to be doing is trying to fumble a 4th shell in to the gun, I have a hard enough time loading 3 ;)

The whole ghost loading thing is a good way to get yourself into trouble with the CO's. But when it comes to part of your post here, never, never give you shotgun to a CO officer, and he won't be able to ghost load it. You don't give your firearm to anyone you do not have proof of having a PAL, therefore if a CO wants to see your firearm, you show it to him/her, don't ever hand it to them. There is a world of opportunity if you hand it to them, that you may not get it back. If they ask you to show them how many the magazine will hold, put two in it, and attempt the third, if you are legal, the third won't go in. End of discussion. Forget ghost loading.
 
The whole ghost loading thing is a good way to get yourself into trouble with the CO's. But when it comes to part of your post here, never, never give you shotgun to a CO officer, and he won't be able to ghost load it. You don't give your firearm to anyone you do not have proof of having a PAL, therefore if a CO wants to see your firearm, you show it to him/her, don't ever hand it to them. There is a world of opportunity if you hand it to them, that you may not get it back. If they ask you to show them how many the magazine will hold, put two in it, and attempt the third, if you are legal, the third won't go in. End of discussion. Forget ghost loading.

They always take your gun and ask you to turn out your pockets. They check it themselves. Not handing it over could cause a world of problems. Now all this being said, the last time I was checked by a CO was 1992. However, they have some new kind of DOJ task force out now around here. Lots of people getting picked on for petty stuff. Guy got charged recently for moving a moose head without a jaw tag on it. Never heard of that before.
 
I've been check several times over the years, never once asked me to hand over my firearm. They ask to see it, see that its unloaded etc. I do the actions for them, never let them touch it.
 
The whole ghost loading thing is a good way to get yourself into trouble with the CO's. But when it comes to part of your post here, never, never give you shotgun to a CO officer, and he won't be able to ghost load it. You don't give your firearm to anyone you do not have proof of having a PAL, therefore if a CO wants to see your firearm, you show it to him/her, don't ever hand it to them. There is a world of opportunity if you hand it to them, that you may not get it back. If they ask you to show them how many the magazine will hold, put two in it, and attempt the third, if you are legal, the third won't go in. End of discussion. Forget ghost loading.

The fact they carry a handgun may actually indicate they have a PAL. I've never heard anything as absurd as not handing a firearm to a peace officer when asked. I've been asked several times by RCMP and DNR to see my firearm. Standard protocol.

Sorry bud, I'm not picking on you, but that's a ludicrous statement. You'd refuse to hand it to them and then you actually recommend loading the gun in front of them to show how many it holds? See you in jail.

They really don't want you handling firearms in their presence, for safety purposes, hence the reason they ask to see it.
 
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The whole ghost loading thing is a good way to get yourself into trouble with the CO's. But when it comes to part of your post here, never, never give you shotgun to a CO officer, and he won't be able to ghost load it. You don't give your firearm to anyone you do not have proof of having a PAL, therefore if a CO wants to see your firearm, you show it to him/her, don't ever hand it to them. There is a world of opportunity if you hand it to them, that you may not get it back. If they ask you to show them how many the magazine will hold, put two in it, and attempt the third, if you are legal, the third won't go in. End of discussion. Forget ghost loading.

A Commissioned Law Enforcement Officer of the Crown Trump your PAL card every-time.
As for shooting my legal limit of Migratory Game Birds with one , two or three shells is more about spending the morning/afternoon/evening in the field than whether or not I am going to be harassed by a CO for allegedly ghost loading a fourth round so I can brag about it here on CGN. Not to mention this imo is more of a Legal question being posed in the Hunting section.
Tight Groups, Best Regards,
Rob
 
The fact they carry a handgun may actually indicate they have a PAL. I've never heard anything as absurd as not handing a firearm to a peace officer when asked. I've been asked several times by RCMP and DNR to see my firearm. Standard protocol.

Sorry bud, I'm not picking on you, but that's a ludicrous statement. You'd refuse to hand it to them and then you actually recommend loading the gun in front of them to show how many it holds? See you in jail.

They really don't want you handling firearms in their presence, for safety purposes, hence the reason they ask to see it.

Police officers carry handguns and most of them do not have a PAL or firearms license of any sort, I am assuming CO's are in the same category. If it were a police officer asking me to hand over my firearm, that's a different story. Here in Ontario, the Conservation Officers have never asked me to hand them my firearm. I'm not entirely sure it is in their rights, I stand to be corrected on that.
I'm not arguing either, that's just the way I was taught by my father and fellow hunters, that when being checked by a Conservation Officer (CO) not to hand your firearm to them. I never have, and have never been asked to. A police or RCMP officer, I would not hesitate to hand it over. Maybe CO's carry different rights and practices in different provinces.
 
"...think the regs need a little adjusting..." It has nothing to do with the regs. The 3 round law comes from the Migratory Bird Act, that comes from the Migratory Bird Treaty. If your shotgun holds more than three in the gun, you're in violation.

I quoted the act. Learn how to read...and multi-quote.
 
I've been check several times over the years, never once asked me to hand over my firearm. They ask to see it, see that its unloaded etc. I do the actions for them, never let them touch it.

I have no issues opening the action of my firearm to show an officer that it is unloaded. If he wants to check the magazine capacity, he can do it with me holding the gun.

The fact they carry a handgun may actually indicate they have a PAL

Actually that is not the case at all. Police officers and military personnel are not required to have a PAL, even though they are issued firearms.
 
I have no issues opening the action of my firearm to show an officer that it is unloaded. If he wants to check the magazine capacity, he can do it with me holding the gun.

And if he asks to see your gun you'll tell him no?

I'm not arguing either, that's just the way I was taught by my father and fellow hunters, that when being checked by a Conservation Officer (CO) not to hand your firearm to them. I never have, and have never been asked to. A police or RCMP officer, I would not hesitate to hand it over. Maybe CO's carry different rights and practices in different provinces.

CO- How are you today?
Me- Good, and yourself?
CO- Fine thanks. Are you out hunting?
Me- Yes, deer.
CO- Can I see your hunting license please?
Me- Sure, here it is.
CO- Thanks. Is that gun in the back seat unloaded?
Me- Yes.
CO- Mind if I have a look?
Me- I'd prefer you didn't. Step back please so I can get out and grab it to show you.

Laugh2
 
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And if he asks to see your gun you'll tell him no?



CO- How are you today?
Me- Good, and yourself?
CO- Fine thanks. Are you out hunting?
Me- Yes, deer.
CO- Can I see your hunting license please?
Me- Sure, here it is.
CO- Thanks. Is that gun in the back seat unloaded?
Me- Yes.
CO- Mind if I have a look.
Me- I'd prefer you didn't. Step back please so I can get out and grab it to show you.

Laugh2

I'm not entirely sure why the humor in your scenario, I actually had almost the exact scenario a few years ago. After checking our licenses, and chatting for a few minutes, he asked if my rifle (laying in the back seat of my truck) was unloaded, I said yes it is, he asked if he could see that it was, I answered yes sir, I opened the back door of the truck picked up my rifle opened the bolt to show him. The only thing he said was "wait, I want to see it as you open the action". I showed him the rifle while opening the action, and held it closer to him for him to visually inspect the magazine, (older Sako with a floor plate, no removable magazine) he said "Okay, that's good, enjoy the rest of your hunt" No problems, no handcuffs, nothing. I believe this is normal practice.
I'm with stubblejumper, I maybe worded my one post a bit wrong, I would let them touch it if they wanted to check something, but I wouldn't hand it over to them, I would keep control of the firearm.
 
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