Dove hunting in NC with an Air Rifle

[Animal_Chin]

I couldn't find anything definitive on the legality of hunting morning doves with air rifles so I emailed the NC Wildlife Commission. Here was their response:



Federal Law prohibits the take of migratory birds with a rifle. 

NC General Statue 113-291.1 (f) prohibits the use of rifles, unplugged shotguns, etc.

15 NCAC 10B.0105 (b)(1)(A) No migratory game bird may be taken with a rifle.

And then he says:

Air rifles cannot be used for taking doves.

The problem with this is that he's quoting one federal law but then ignoring the federal law that defines what a rifle is.



So, all the people I've seen online hunting dove (in America) with air rifles are breaking federal law?

 

[JohnL57]

Most of the videos you mention are targeting invasive Eurasian Collared Doves. Even here in California there is open season on them all year with no daily bag limit. Not quite as tasty as Mourning doves, but delicious when cooked over a very slow fire! I had to read the migratory bird regs to get the full understanding-mourning doves are mentioned in the upland bird regs but there is no mention that rifles are prohibited. Kind of confusing IMO.

 

[outdoorman]

Unless North Carolina hunting laws specifically prohibit air guns as a method of taking Mourning Doves as Maryland does, technically it would be legal for you to do so. The Federal Government does not regulate air guns and an air gun is not a rifle under the Federal definition of "rifle" which is "a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger." The Federal Migratory Bird Treaty Act lists methods that are illegal for the taking of migratory birds, one of which is a rifle. Air gun is not on the list.

 

[airgunmike56]

I was told in Texas by a game warden that you need a hunting licence to shoot Euro doves, rabbits rats and rattle snakes, even sparrows, with anything, slingshot , air gun or stick.

Mike

 

[badammo]

Washington state game department specifies shotguns only for game birds as the mourning dove. Collared doves are not a game bird and considered invasive. There is no bag limit on them and use of airgun is ok. A small game hunting license is required for all hunting of game and non game species and is fairly cheap at 30 bucks.

I live on the Idaho border and Idaho is basically the same. Only its 100 bucks for me being out of state.

 

[glassman]

I do not profess to be an expert on this topic. That being said here is some useful information.

https://www.fws.gov/birds/policies-and-regulations/regulations/migratory-bird-hunting-regulations.php

taken directly from the federal regulations

§ 20.21 What hunting methods are illegal? Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No persons shall take migratory game birds: (a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance; (b) With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;

You would want to check the specific regulations in each state. Arizona for example lists the only legal means of harvesting migratory birds as follows:

To take migratory game birds, except Eurasian Collared-doves: a. Bow and arrow; b. Crossbow; c. Falconry; d. Dogs; e. Shotguns shooting shot

So it is illegal to harvest migratory birds with an air rifle in Arizona even though the Federal regulations do not specifically prohibit the use of an air rife to hunt the same birds.

All upland game birds and Eurasian collard doves the legal means of hunting are:

To take all upland game birds and Eurasian Collared doves: a. Bow and arrow; b. Falconry; c. Pneumatic weapons; d. Shotguns shooting shot, only; e. Handguns shooting shot, only; f. Crossbow; g. Slingshot; h. Hand-held projectiles; and i. Dogs

In Arizona to the best of my knowledge there are 3 different types of doves / pigeons which can be hunted that are considered migratory game birds: Mourning doves, white wing doves and Band-tailed pigeons. There are several other species of pigeons and doves in Arizona, some can be hunted others not at all. Rock doves / pigeons are not protected by any regulations and are considered an invasive species along with house sparrows, European starlings and Collard doves (of which there are actually 2 different species Eurasian and African) there are not limits to the means of hunting these birds nor limits on numbers taken. There are also Inca doves and common ground doves here that are protected species and they cannot be legally hunted by any means. In short be sure of what you are shooting at and if you are unsure about any of these things in your state a little time spent on-line with Google or Bing as your partner you should be able to find the information you need. Hopefully this information is of some use.

Also as always a hunting license is required to do any kind of hunting. Yes even if it is "pesting" because the rules specifically list these species and how they may be hunted / harvested a liscence is required. You will be "hunting" after all. Similar to going fishing and only doing catch and release or for fishing for species that are invasive. You still need a fishing liscence. You are out shooting animals / birds, you are hunting. A liscence is required.

 

[glassman]

Also @ airgunmike56. Game wardens are not always the best source of information. I went to Fish and Game headquarters to get clarification on a couple of rules regarding the use of air guns for hunting and was told that my understanding was wrong. When I further questioned his response he said, "here I will show you. It is right here in the regulations." Upon further review of the regulations it was confirmed that my understanding was correct. In other words: the regulation book is correct not any one persons recollection or personal understanding. It always pays to check because many of these rules and regulations are being changed and in flux. Look at the changes that have been made in some states that other members have posted about here on the forum in the past few months alone. As the age old Russian proverb states: Trust, but verify.

 

[cea1960]

This is the 1st year i have seen a collared dove in northern illinois, but illinois regs have it as a game bird with the same season/regulations as mourning dives.

 

[outdoorman]

Also as always a hunting license is required to do any kind of hunting. Yes even if it is "pesting" because the rules specifically list these species and how they may be hunted / harvested a liscence is required. You will be "hunting" after all. Similar to going fishing and only doing catch and release or for fishing for species that are invasive. You still need a fishing liscence. You are out shooting animals / birds, you are hunting. A liscence is required.

In Maryland, a hunting license is not required to hunt on you own property.

 

[hawkeye69]

In Arizona air rifles are allowed for taking collared doves.

 

[Calbarry]

Most of the videos you mention are targeting invasive Eurasian Collared Doves. Even here in California there is open season on them all year with no daily bag limit. Not quite as tasty as Mourning doves, but delicious when cooked over a very slow fire! I had to read the migratory bird regs to get the full understanding-mourning doves are mentioned in the upland bird regs but there is no mention that rifles are prohibited. Kind of confusing IMO.

California hunting regulations list a Method of Take for each species. Those are the ONLY methods allowed for that particular species. There is no confusion, if it isn't on the list, you can't use it. Hope this helps

 

[RidinLou]

Animal_Chin

IF you get caught following some of the advice found within this thread be sure to tell us if ya get a ticket or just a warning.

If a ticket how much?

C's answer to your question was far from fulfilling and could well be misleading unless one goes by the last sentence.

I have no idea of population dynamics of doves in NC, but if you have significant populations of the Eurasian collared doves contact NC game department and ask specifically about hunting requirements specifically for that bird.

One can not legally take migratory bird with a rifle or air rifle in any state in the US.

 

[outdoorman]

You cannot make that statement emphatically unless you have checked the regulations in all 50 states. Federal law does not prohibit the taking of migratory birds with an air gun. It does prohibit the taking of migratory birds with a rifle. An air gun is not a rifle under the federal definition of rifle.

It's perfectly within the rights of any state to prohibit the taking of migratory birds with an air gun as my state does. The problem with Federal Law is that they never thought about air guns when making their list of illegal methods for taking migratory birds or they just assumed that all long guns and hand guns are rifles and pistols. An air gun is no more a rifle than a shotgun is. A shotgun does not meet the definition of a rifle, nor does an air gun. If your state does not prohibit taking migratory birds with an air gun and you get caught doing so you will probably be cited but you would have a legal defense in front of a judge. Not worth the risk in my book as the penalty for violating the Act is up to a $15,000 fine and/or 6 months in jail.

And BTW, the Crow is on the list of migratory birds under the Federal Migratory Bird Treaty Act and they may only be taken by firearms, bow and arrow, and falconry.

 

[bubblerboy64]

I think one has to be very careful here. Defining an air rifle as NOT a rifle seems it could get a person into trouble. Yes, I agree by the strict definition as it's written that would be correct but like everything written it's up to the person (judge jury executioner) to interpret the MEANING of the law. Frankly I'd want an opinion by perhaps a game warden IN WRITING. Unless it's a common practice and generally accepted. In other words I don't think I'd want to be the first person to test the waters. Especially if there are big fines at risk. The laws are also subject to change. 

 

[outdoorman]

Exactly why I say not worth the risk. I do see in Maryland regulations where it states; "It is unlawful to possess an air gun, rifle or pistol at any time while hunting brant, coots, ducks and geese" which differentiates between "air gun" and "rifle". They also differentiate elsewhere in the regulations between air guns and rifles.

 

[Animal_Chin]

I appreciate all the comments here. The only thing that is stated in NC regulations about taking mourning doves is it quotes the federal regulation about using a rifle. By that logic you would also have to take the federal gov's definition of a rifle. I have taken that definition and the statute and sent it back to both offices who quote the federal statute that states you cannot take migratory birds with a rifle. I will update you all when and if they reply. 



Firearms Verification


Gun Control Act Definitions

Rifle

18 U.S.C., § 921(A)(7) and 27 CFR § 478.11


The term “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

 

[Animal_Chin]

So the first response came pretty quickly. The Alphabet org's definition was totally ignored in the response. Here is the full response:



Rifle



A rifle is a portable long-barreled firearm designed for precision shooting, to be held with both hands and braced against the shoulder for stability during firing, and with a barrel that has a helical pattern of grooves cut into the bore walls.



The only difference between the definition of a rifle and an air rifle is the cartridge. In North Carolina you can use an air rifle to hunt any game animal that you can legally use a rifle to hunt.



If you look on page 77, Summary of Federal Regulations, in the 2018 - 2019 North Carolina Hunting and Fishing Regulation Guide it reads; No persons shall take migratory game birds:

• with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance.

• With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells. This restriction does not apply during dates states have selected under the Conservation Order for light geese (i.e. greater and lesser snow and Ross’s geese) or those selected for the control of resident Canada geese.

Page 56 of the 2018-2019 North Carolina Hunting and Fishing Regulation Guide under the heading Shotguns.

• Shotguns must be no larger than 10-gauge.
• When hunting migratory game birds, shotguns must be plugged so as to limit their maximum capacity to three shells

Also on page 56 under the heading Rifles it reads;

• Rifles are prohibited by federal law in hunting migratory game birds.

If you have more questions concerning my explanation you can contact Lt. Sam Craft, Public Affairs, at 919-707-4041.






Kelvin L Moses

Telecommunications Supervisor



NC Wildlife Resources Commission

1717 Mail Service Center

Raleigh, NC 27699-1717

Office: 919-707-0038 Fax: 919-707-0045



[email protected]

 

[Calbarry]

Most wardens will answer this question with a simple answer that anyone can understand. You can only take migratory birds with a shotgun. You can interpret the wording any way you want and argue as much as you want, but if you are caught taking a migratory bird with anything other than a shotgun, you are not going to be a happy camper.

 

[outdoorman]

That is incorrect. You can take some migratory birds with bow and arrow, an air gun that shoots arrows and you can use a slingshot in states that allow these methods. I was amazed at the accuracy of people taking Doves with bow and arrow on youtube. If they want to say that a rifle is a firearm then they are saying that an air gun is a firearm? Don't think so. Maryland hunting regulations define an air gun as any gun that propels a projectile by means of non-ignited compressed air or other gas. Projectiles include bullets, arrows or bolts. Also from Maryland hunting regulations;

Archery Equipment
• Vertical bows may be used to hunt migratory
game birds.
• Draw locking devices on vertical bows
are not permitted when hunting brant,
coots, ducks and geese.
• Crossbows may not be used to hunt
brant, coots, ducks and geese.
• Crossbows may be used to hunt doves,
rails, snipe and woodcock.
• The use of poisoned or explosive tipped
arrows or bolts is not permitted.

Air Guns
• Air guns may not be used to hunt migratory
birds, except air guns that shoot an
arrow or bolt may be used to hunt doves
and woodcock.

In Maryland, small game includes Quail and Crow, both of which are listed on the Federal list of Migratory Birds. Small game hunting devices state;

Firearms, archery equipment and air
guns that shoot bullets, arrows or bolts
may be used to hunt small game.

And yet, the Federal Migratory Bird Treaty Act states that Crow may only be taken by firearms, bow and arrow and falconry.

 

[Monkyshine]

Outdoor man and animal my sheriff said same, my airgun is not the rifle in regs. Not specific on it so I have license, shoot and eat those suckers and I have yet to spot a collard dove in western NC on multiple farms I clean pest animals on.