Regulation technicalities

I was planning on doing some dove hunting when the season rolls around with my marauder. I was checking the regulations and found some potential roadblocks. In South Carolina doves are considered migratory birds, which includes woodcock, ducks, geese, etc. The weapon restrictions for hunting migratory birds are that you cannot use "a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance" (SCDNR). They did not explicitly state that airguns are illegal, and in fact treat "pneumatic weapons" as a category separate from firearms, although they may only be used during firearm seasons (SCDNR General Rules and Regulations page 55). Still, even though airguns are treated similar to firearms, they are a separate category. Of course, my marauder is an air rifle, and rifles are listed under the illegal weapons list. But "rifles" in that context seems to only refer to firearm rifles. Obviously, this is an issue of some tricky schematics and probably not that big of a deal, but I wanted to see what you all think. I don't see any ethical issues with using an air rifle (I think they probably are more talking about using rifles for geese and ducks, because who would ever use a rifle for a dove, and the regulations are blanket regulations for the whole migratory bird category), but I still want to stay within the law even if it is a loophole.
 
You can also likely email the State Department of Fish and Game and get an answer/s that you can keep on your phone if/when you encounter a warden in the field for verification. I emailed the Department in my State and got an answer in a reasonable time frame, about two weeks.
My State however, specifically states that "shotguns only are used for legal take of mourning dove" (paraphrased). I had to search in several areas of the regulations to locate this information but found it (I downloaded a PDF to use the search function). Then verified with the Department what my options were.
Turns out that while mourning dove are a migratory game bird that flies/visits other countries, there is an international agreement, thus the season cannot open before September 1.
Eurasian dove however, are considered a non-native species (a pest really) and an air rifle can be used for taking of same. Resident game birds are also air legal.....at least in my State. I'm certain that your State has their own regulations for resident game birds.
mike
 
Mourning doves are considered a migratory bird, just like waterfowl, thus covered under federal laws. Most states will list a "method of take" for each species or game. Unless there have been recent changes, migratory birds can be taken with shotgun only. As mentioned, getting caught shooting a mourning dove with an air gun is going to ruin your day. Eurasian doves, are classified as pests, and are NOT classified as migratory, so in some states it's legal to shoot them with an air gun. California has no season and no limit on Eurasain doves.
 
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To be completely safe you are better off getting it in writing. The game warden you speak to may give you his opinion and when a different warden checks your gear it will be his opinion that matters at the time. If you have it in writing on official letterhead you will be in a better position if it becomes a legal matter. I have learned this lesson a few times in my life but on different subjects. Better to be safe than sorry.
 
That wording is consistent with every state I've looked at and is also how it is worded with U.S. fish and wildlife department. Legal means for taking migratory birds usually list shotgguns or archery. While it doesn't take much to kill a dove a air rifle does not fit legal definition for migratory birds.
It’s actually the exact wording from US fish and wildlife. It’s federal law.
 
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FEDERAL LAW. Same in all states, migratory game birds only legal method of take. Shotgun not larger than 10 Guage, bow and arrrow, and falconry. Mourning dove, white wing both are migratory.
Mexican or Inca is not and has no open season. Eurasian or collard dove is considered invasive has no restrictions on number, time of year or method of take. Best advise possible call and ask if uncertain and not a bad idea even if you are. Game laws are very confusing and constantly changing.