(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.
Structure Delaware Code
Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH
Subchapter I. General Provisions
§ 705. Visiting traps within 24-hour periods; killing of trapped animals.
§ 707. Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty.
§ 708. Loaded firearms prohibited in or on motor vehicles, motorboats or farm machinery.
§ 709. Hours for hunting; federal laws and regulations; prohibitions and exceptions.
§ 710. Use of silencer on gun; penalty.
§ 711. Hunting with automatic-loading gun prohibited; penalty.
§ 712. Prohibition against Sunday hunting.
§ 713. Fire regulations; penalty.
§ 715. Possession of protected wildlife; prohibitions.
§ 716. Hunting, fishing or trapping without a license; penalties.
§ 717. Frightening or harassing migratory birds; penalties.
§ 718. Requiring wearing of hunter orange in the hunting of deer; violation and penalty.
§ 719. Discharge of firearms on or near public roads and public rights-of-way; penalty.
§ 720. Conditional permits for disabled persons.
§ 721. Killer, body-gripping traps.
§ 722. Prohibition against use of lights; penalties.
§ 723. Hunting or trapping in safety zones; penalty.
§ 724. Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.