Legal gun for turkey?

[Atroxus]

I was wondering would it be legal to use an over/under .22/20ga for hunting turkey? Or would it be illegal since it has ability to fire a round thats not legal for hunting turkeys?

[Bob33]

If the .22 is not loaded, and you have no .22 ammo on you, I think you would be OK.

[duckaholic]

i bought one of these a few years ago from a guy who's daughter hunted turkey with it, he sold it to get her upgraded to a 12 ga.

[BPturkeys]

Sounds like a ticket waiting to happen. When I say waiting, I mean waiting for the first game warden to catch you. In my opinion you would be using an illegal weapon.
But one more word of advise, don't get your legal advise from a hunting forum.

[bobcat]

It's a shotgun, it's legal. Pretty simple.

[turkeydancer]

I would contact the WDFW and get it in writing ... bottom line protect yourself !   

[Bob33]

Here is why I think it is legal (or at least why you will not be cited), if you do not have .22 ammunition in your possession.

A few months ago, a student in one of our hunter education classes asked if it was legal to hunt with a shotgun capable of holding four rounds.  Of course we said "no".  He then proceeded to tell us that he had just purchased a new Remington 870 3 1/2" 12 gauge shotgun, and the magazine held THREE 2 3/4" shells.  I didn't believe him at first, but I went to the Remington website and confirmed his story.

Legal or not?  I asked several enforcement officers, and went to the Lt. level of WDFW Enforcement.  The verdict: technically the gun is not legal, because it is capable of holding four rounds. However, if the hunter only has 3 1/2" ammunition in his possession, he will not be cited.  If he has 2 3/4" ammunition in his possession, he will be cited.

Of course, you may encounter an enforcement officer that disagrees and cites you anyway.  I think you would have a very strong case if you did not have .22 ammunition.

It is not illegal to have a .22 in your possession.  It is illegal to HUNT with it. How can you be hunting without ammunition? 

[Atroxus]

That makes sense Bob. Thanks for the info.

[KimberRich]

Here is why I think it is legal (or at least why you will not be cited), if you do not have .22 ammunition in your possession.

A few months ago, a student in one of our hunter education classes asked if it was legal to hunt with a shotgun capable of holding four rounds.  Of course we said "no".  He then proceeded to tell us that he had just purchased a new Remington 870 3 1/2" 12 gauge shotgun, and the magazine held THREE 2 3/4" shells.  I didn't believe him at first, but I went to the Remington website and confirmed his story.

Legal or not?  I asked several enforcement officers, and went to the Lt. level of WDFW Enforcement.  The verdict: technically the gun is not legal, because it is capable of holding four rounds. However, if the hunter only has 3 1/2" ammunition in his possession, he will not be cited.  If he has 2 3/4" ammunition in his possession, he will be cited.

Of course, you may encounter an enforcement officer that disagrees and cites you anyway.  I think you would have a very strong case if you did not have .22 ammunition.

It is not illegal to have a .22 in your possession.  It is illegal to HUNT with it. How can you be hunting without ammunition? 

Speaking of this..  Has anyone ever been stopped and questioned about their magazine capacity??  I've ran into a few game wardens in the field and never once was I asked about magazine capacity.

[bobcat]

Yes, while duck hunting. They checked my shotgun's magazine to see if it would hold more than 2 shells.

[KimberRich]

Yes, while duck hunting. They checked my shotgun's magazine to see if it would hold more than 2 shells.

How did they do it?  Just ask you to put 2 shells in and try to put a 3rd or did they take your gun and try themselves or ??   I've always just got the "can i see your license" and "have you got anything"..  from them in the past.  Now that I've said that I'm sure I'll get checked this fall! 

[carpsniperg2]

i would call and ask i would not say one way or another.

[STIKNSTRINGBOW]

As long as you do not have the .22 ammo on you, you are legal.
 

[bobcat]

Yes, while duck hunting. They checked my shotgun's magazine to see if it would hold more than 2 shells.

How did they do it?  Just ask you to put 2 shells in and try to put a 3rd or did they take your gun and try themselves or ??   I've always just got the "can i see your license" and "have you got anything"..  from them in the past.  Now that I've said that I'm sure I'll get checked this fall! 

This was probably 20 years ago, so it's hard to remember exactly how he did it, but he did take the gun from me and check it himself. I can't remember if he actually put shotgun shells in the magazine to see how many would fit? Actually, it seems like he had some type of a gauge that he stuck in the magazine to measure how far it would go in. Somebody on here will probably have a better idea of how they normally do it. The last 15 years or so I've done more pheasant hunting than any other kidn of bird hunting and I've never had a warden check me for anything, not even a license.    

[Bob33]

How did they do it?  Just ask you to put 2 shells in and try to put a 3rd or did they take your gun and try themselves or ?? 

They do not load the gun.  The officer has a gauge that he inserts in the magazine.  If it does not hit the plug, then the magazine is too long.