§ 711 — Hunting with automatic-loading gun prohibited; penalty

(a) No person shall hunt for game birds or game animals in this State, except as authorized by state-sanctioned federal depredation/conservation orders for selected waterfowl species, with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at 1 time, in the magazine and chamber combined.

(b) Whoever violates this section shall be guilty of a class C environmental violation.

(c) Having in one’s possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at 1 time in the magazine and chamber combined, except as authorized in subsection (a) of this section, shall be prima facie evidence of violation of this section.

Legislative History

Code 1935, § 2830A; 45 Del. Laws, c. 204, § 1 ; 7 Del. C. 1953, § 712; 70 Del. Laws, c. 275, §§ 51, 71 ; 76 Del. Laws, c. 302, §§ 1-3 ; 79 Del. Laws, c. 421, § 3