# Legal rifle?



## willfish4food

I'm taking by brother on his first hunting trip this year and ran into a possible snag. He doesn't have a center fire rifle of his own so we're borrowing one from my uncle. The problem is the rifle is a Winchester model 88 in .308 win that has had it's magazine altered. It now holds 9 rounds instead of the usual 4. I know in Florida you can't hunt with a rifle with a magazine capacity greater than 5 rounds but only if it's semi auto. I looked in the proc and at the admin rules and found this, 


> R657-5-8. Prohibited Weapons.
> 
> (1) A person may not use any weapon or device to take big game other than those expressly permitted in this rule.
> (2) A person may not use:
> (a) a firearm capable of being fired fully automatic; or
> (b) any light enhancement device or aiming device that casts a beam of light.
> 
> R657-5-9. Rifles and Shotguns.
> 
> (1) The following rifles and shotguns may be used to take big game:
> (a) any rifle firing centerfire cartridges and expanding bullets; and
> (b) a shotgun, 20 gauge or larger, firing only 00 or larger buckshot or slug ammunition.


After reading this I thought the rifle would be fine. However, when we went to the Lee Kay Center to make sure it was still sighted properly, one of the workers there said it wouldn't be legal to hunt with because of the clip capacity. Can any of you confirm one way or the other about this issue? Thanks.

I guess if he can't use it I'll just have him practice with mine. We cant both shoot at the same time anyway...Well unless we see two legal animals at the same time. :twisted: :twisted:


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## elk22hunter

801-538-4700........They will know.


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## Fishrmn

You can have a semi auto with a 100 round drum clip. As long as it is not capable of being fired in a full auto mode, and the bullets are capable of expansion, you're fine. There are no restrictions on magazine capacity. Here's their restrictions:

R657-5-8. Prohibited Weapons.
(1) A person may not use any weapon or device to take big game other than those expressly permitted in this rule.
(2) A person may not use:
(a) a firearm capable of being fired fully automatic; or
(b) any light enhancement device or aiming device that casts a beam of light.

R657-5-9. Rifles and Shotguns.
(1) The following rifles and shotguns may be used to take big game:
(a) any rifle firing centerfire cartridges and expanding bullets; and
(b) a shotgun, 20 gauge or larger, firing only 00 or larger buckshot or slug ammunition.

R657-5-10. Handguns.
(1) A handgun may be used to take deer and pronghorn, provided the handgun is a minimum of .24 caliber, fires a centerfire cartridge with an expanding bullet and develops 500 foot-pounds of energy at the muzzle.
(2) A handgun may be used to take elk, moose, bison, bighorn sheep, and Rocky Mountain goat provided the handgun is a minimum of .24 caliber, fires a centerfire cartridge with an expanding bullet and develops 500 foot-pounds of energy at 100 yards.

Show me where it mentions magazine capacity? It doesn't!

Fishrmn


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## shootemup

Fishrmn said:


> You can have a semi auto with a 100 round drum clip. As long as it is not capable of being fired in a full auto mode, and the bullets are capable of expansion, you're fine. There are no restrictions on magazine capacity. Here's their restrictions:
> 
> R657-5-8. Prohibited Weapons.
> (1) A person may not use any weapon or device to take big game other than those expressly permitted in this rule.
> (2) A person may not use:
> (a) a firearm capable of being fired fully automatic; or
> (b) any light enhancement device or aiming device that casts a beam of light.
> 
> R657-5-9. Rifles and Shotguns.
> (1) The following rifles and shotguns may be used to take big game:
> (a) any rifle firing centerfire cartridges and expanding bullets; and
> (b) a shotgun, 20 gauge or larger, firing only 00 or larger buckshot or slug ammunition.
> 
> R657-5-10. Handguns.
> (1) A handgun may be used to take deer and pronghorn, provided the handgun is a minimum of .24 caliber, fires a centerfire cartridge with an expanding bullet and develops 500 foot-pounds of energy at the muzzle.
> (2) A handgun may be used to take elk, moose, bison, bighorn sheep, and Rocky Mountain goat provided the handgun is a minimum of .24 caliber, fires a centerfire cartridge with an expanding bullet and develops 500 foot-pounds of energy at 100 yards.
> 
> Show me where it mentions magazine capacity? It doesn't!
> 
> Fishrmn


+1

Just because someone works at sportsmans warehouse, cabelas, a shooting range or any other buisness that deals with the outdoors *it does not make them an expert in the law or the merchandise they are selling.* I have learned this over the years as i have spoken to many of these people and learned through conversation that they in many cases tell you things they believe to be true or that they have been told. This is not true about everyone who works at these places some of them are incredibly knowledgeable. However i always read the proclamation from front to back every year to check for updates and changes so i know first hand. Whenever i have a question on interpretation of the guidebooks i call the division so i can get it from the horses mouth. I also research any products i am going to buy by reading reviews and referencing the manufacters website. I would never put stock in something based on what someone said unless i know and trust them very well.


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## curlyjo

Years ago, (15+) there were restrictions for magazine capacity and for a rifle less than .24 caliber, this was only in effect for maybe 3 or 4 years and then was simplified to what everyone else on the string has quoted. 

The person at Lee Kay may be remembering/living in the past. I also think that the capacity was limited to around 8 or 10 rounds when it was in effect, Because I could still use my M-1 Garand for big game hunting then. (as I can now, provided the use of an expanding type bullet.) so your model 88 would still be legal under those restrictions anyways


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## .45

Fishrmn said:


> You can have a semi auto with a 100 round drum clip. As long as it is not capable of being fired in a full auto mode, and the bullets are capable of expansion, you're fine. There are no restrictions on magazine capacity.
> 
> Fishrmn


Like usual.....Mr. Fishrmn is correct when talking about firearm matters....

However, I've never seen a need for a rifle to shoot more than one bullet anyhow... :wink:


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## BugleB

There must be some states that limit magazine capacity, or why did the gun makers change most non-magnum rifle magazine capacities from 5 to 4.


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## willfish4food

Thanks for the reassurance guys. I figured we'd be okay but thought maybe I had missed something. I've been known to do that. I'll let my brother know he's good to keep practicing.


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## Fishrmn

BugleB said:


> There must be some states that limit magazine capacity, or why did the gun makers change most non-magnum rifle magazine capacities from 5 to 4.


Probably those states that are run by liberal demoncrats!! And many states don't even allow rifles, they require shotguns with slugs or buckshot. 45 said it right. You shouldn't need more than one shot. But If you're attacked by murderous herds of deer, it wouldn't hurt to have a few dozen extra rounds on hand.

Fishrmn


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## torowy

haha "murderous herds of deer" last year i saw a murderous herd of antelope. We had to defend the little hill we were hiding on. Got 2 of the bloodthirsty monsters. This year we have 3 tags, if we are lucky we will have a similar experience.


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