CHAPTER 204 - GAME UNLAWFUL TO HUNT WITH AUTOMATIC GUNS

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "FISH, OYSTERS AND GAME" WITH REFERENCE TO THE USE OF AUTOMATIC AND REPEATING SHOT GUNS IN HUNTING GAME BIRDS OR GAME ANIMALS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 74 of the Revised Code of Delaware, 1935, be and the same is hereby amended by inserting after 2830. Sec. 29. thereof a new Section to be designated 2830A. Sec. 29A.

2830A. Sec. 29A. It shall be unlawful to hunt for game birds or game animals in this state, with or by means of any automatic-loading or hand-operated repeating shot gun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a metal, or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than three shells at one time, in the magazine and chamber combined.

Having in one's possession, while in the act of hunting game birds or game animals, a gun that will hold more than three shells at one time in the magazine and chamber combined, shall be prima facie evidence of violation of this Act.

Any person violating any provision of this Section shall be fined not less than Ten Dollars ($10.00) or more than Fifty Dollars ($50.00) together with costs, and upon failure to pay said fine be committed to the county jail or workhouse in the County where the offense occurred, for a period of thirty days unless said fine and costs be sooner paid or unless an appeal be taken.

Approved March 12, 1945.