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Bob33 Offline OP
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I've heard from more than one individual that the plugs that come with Remington 870 3 1/2" shotguns allow the magazine to hold THREE 2 3/4" shells. The Federal law says that is it illegal to hunt with a "shotgun of any description capable of holding more than three shells".

Has anyone heard of anyone being cited for having a plugged 3 1/2" shotgun capable of holding three 2 3/4" shells?

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I know of no such law on the limits of any shotgun holding more than 3 rounds. I understand it from a wildfowl perspective - limited to 3 rounds and steel shot. (sometimes - just went snow goose hunting with an extended tube - 9 rounds available and legal)


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Some states (Illinois being one) limit all shotguns used to take ANY wild game to hold 3 shells or less during regular hunting seasons (special conservation seasons are different).

Back to the original question though------------ I would bet they have the plug in wrong if they are able to get 3- 2 3/4" shells in the gun with a 3 1/2" designed plug. There is a right way AND a wrong way for the plug to go in a 870......

Last edited by wildfowl; 03/25/09.

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Federal law says that any migratory bird hunting is limited to 3 rounds total. That includes chamber and magazine. Some states don't care if you are hunting something other than migratory birds. Many others however keep things simple and just state any shotgun for hunting must be limited to 3 rounds.

I recently sold a 3 1/2" Remington 870 supermag and my plug worked just fine. The supermags use a slightly shorter plug to allow 2 of the longer shells in the magazine.

You can buy replacement plugs, or use dowel rod, and cut them to the correct length to fix the problem. The supermag plug length is tricky to get right. Cut it too long and you will not be able to get 2 long shells in the mag. Too short and you can get more than 2 of the shorter shells in.

Another factor to consider is the ammo. The length given for 2 3/4", 3", and 3 1/2" is the length after firing. Before firing, brand "A" shells may be a bit longer than brand "B", even though both are labeled as 3" shells


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They just want constant reassurance that what they believe is the truth.
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Originally Posted by teal
I know of no such law on the limits of any shotgun holding more than 3 rounds. I understand it from a wildfowl perspective - limited to 3 rounds and steel shot. (sometimes - just went snow goose hunting with an extended tube - 9 rounds available and legal)


Snow geese are a migratory bird and hunting them with a gun capable of holding more than 3 rounds is a violation of federal law.


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They just want constant reassurance that what they believe is the truth.
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No, most restrictions are off under the spring Light Goose Conservation Order. It's an amendment to the Migratory Bird Treaty Act. That's because it's aimed at reducing overpopulation. Ferinstance daily limit 20, unlimited posession, electronic calling ok, fed migratory bird stamp not required, no limit on shell capacity.

That's SD. Check for your state.


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Bob33 Offline OP
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Here's the law. It is Federal. States must comply.
http://cfr.vlex.com/vid/20-21-what-hunting-methods-are-illegal-19894510

I confirmed that many 3 1/2" shotguns come with plugs that limit the magazine to two 3 1/2" shells but allow three 2 3/4" shells.

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. This restriction does not apply during a light-goose-only season (lesser snow and Ross' geese) when all other waterfowl and crane hunting seasons, excluding falconry, are closed while hunting light geese in Central and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

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My old Nova will take 2 3-1/2 inchers but still only 2 2-3/4 inchers. Almost 3 but not quite. From that I conclude that the plug needs to be cut just right.


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OK, do some quick math... If 2 3.5" shells equal 7" and 7" divided by 2.75" equals 2.5 then you have a plug that is not correctly fitted to the gun if you can fit 3 2.75" shells in it.

On the other topic:
US Fish and Wildlife allow states to modify the Migratory Bird Act in the Special Conservation Season (snows and blues). I know personally that Illinois complies with the Federal Act and during the Conservation Season you can have as many shells in the gun as you want. Many folks install extended mag tubes and carry 10 shells loaded. That is ONLY legal during the special Conservation Season.


The lion and tiger might be stronger, but the wolf does not perform in the circus.


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Originally Posted by Bob33

I confirmed that many 3 1/2" shotguns come with plugs that limit the magazine to two 3 1/2" shells but allow three 2 3/4" shells.



Can you name the makes and models? I'd like to learn more about this.


The lion and tiger might be stronger, but the wolf does not perform in the circus.


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Then I am wrong. I was not aware of any exceptions to the law.


Most people don't really want the truth.

They just want constant reassurance that what they believe is the truth.
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The Benelli Pacific Flyway shotgun 3 1\2 inch magnum instruction manual states that "the ammunition magazine, depending on the type, can contain two 3 1\2" rounds or three 3" or 2 3\4" rounds. Counting a chambered round, this shotgun's ammunition capacity is 3 or 4 rounds."

Remington 870 12 gauge 3 1/2" shotguns also come with a plug that allows three 2 3/4" shells, at least according to two sources I spoke with that own one.

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This is the exception:

Quote
This restriction does not apply during a light-goose-only season (lesser snow and Ross' geese) when all other waterfowl and crane hunting seasons, excluding falconry, are closed while hunting light geese in Central and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.


If you get the chance - try it - flipping blast. We missed good bird numbers but killed 55 in 2 days with our group.

I'll add that a license in MO for non residents is 6 bucks. Outstanding!


Last edited by teal; 03/25/09.

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I just saw the Benelli SBEII manual on-line. After calling a friend who has one, he stated that this has to be a typo because he cannot get three 2 3/4" shells in the mag tube with the plug installed like the manual states.

As for the Remington statement, I think it is possible, but only if the plug is not installed correctly. The plug on an 870 has a right way and a wrong way. You can work an 870 for a long time with the plug in wrong and it will work. Eventually it will bind up on the mag spring with the follower and then you know you have it in wrong. If the plug is in wrong and you get it all jammed together just right, you can probably can an extra 2 3/4" shell shoved in it.

Bottom line for me-- The gun maker's know that a shotgun will more than likely at some point or another be potentially used to chase game where the gun will be limited to 3 rounds. With that in mind, they make their best effort to make a product to comply. After it leaves the plant, they have no control over how it is used or modified.


The lion and tiger might be stronger, but the wolf does not perform in the circus.


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Bob33 Offline OP
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I wonder if Benelli modified their plug after writing the manual?

I spoke with a game enforcement officer in Washington state, and he told me that he's personally seen numerous incidences of 3 1/2" guns that hold three 2 3/4" shells in the magazine, so apparently it's not all that uncommon.

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I've owned the 870 supermag as well as the the Benelli Nova. I was never able to get the 3rd 2 3/4" shell to fit in the magazine. It was very close, but would not go.

I still think it could be minor differences between ammo. Shotshell ammo is not made to the same tolerences as rifle ammo. Try actually measuring the OAL of some unfired shells from different manufacturers. If you had 2 shells in the magazine that were only about 1/8" shorter than spec. it would be 1/4" overall. Enough to get the 3rd shell to fit in the magazines of the 2 guns I used to own.


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There is a difference in ammo. Pard was using a 10 ga and having issues with FTF. Compared the 10ga ammo to another brand and it was about 1/8th of an inch longer - at the least.


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In any event it's a good idea to try it with the shells you use before your local conservation officer does. wink

(Preferably somewhere safe, Murphy delights in accidental discharges)


The key elements in human thinking are not numbers but labels of fuzzy sets. -- L. Zadeh

Which explains a lot.
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Bob33 Offline OP
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The Lt. in charge of training and recruiting law enforcement officers in our state said the following: "The gun is legal and is in use legally when the 3 1\2" shells are used exclusively. Prima face evidence of compliance is the lack of any other length of shell in the possession of the hunter."

I assume that would not be his position if three 2 3/4" would not fit in some guns.

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The federal regulation is found in 50 CFR 20:

Sec. 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:
.
.
.
(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. However, this restriction does not apply during:
.
.
.


Make of it what you will. Seems pretty clear that if the magazine holds no more than two 2-3/4 shells you're good to go so long as you possess no shorter shells. Anything else and you're getting into matters of interpretation which can vary even by individual. That's something to avoid or get a clear interpretation from the state and feds for the specific situation.

Not to be paranoid but the fines and/or legal costs can be more burdensome than asking, win or loose. No more than two shells of the shortest in your possession fitting in the magazine sounds reasonable but I don't know that.


The key elements in human thinking are not numbers but labels of fuzzy sets. -- L. Zadeh

Which explains a lot.
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