Been on the road for a couple weeks and enjoying reading the many posts missed during that time. The Federal side of this question is the Migratory Birds Convention of 1916 which was signed by the United States and Britain (on behalf of Canada, when we were barely past being a colony).
From my understanding, a state could legalize the use of an 8 gauge for hunting species OTHER THAN MIGRATORY BIRDS. Both the US and Canada created legislation taking into account the Convention. In Canada, it is known as the Migratory Birds Convention Act. I think it is the same name in the US but others can verify that. Here is the applicable citation from the Act in Canada:
Migratory Birds Regulations
Regulations Respecting the Protection of Migratory Birds
C.R.C., c. 1035
MIGRATORY BIRDS CONVENTION ACT, 1994
REGULATIONS RESPECTING THE PROTECTION OF MIGRATORY BIRDS
HUNTING METHODS AND EQUIPMENT
15. (1) Subject to subsections (4) and (5) and section 23.1, no person shall hunt a migratory bird
(a) except with a long bow and arrow or with a shotgun not larger than number 10 gauge;
Of course there are many further regulations but this is where 8 gauge and larger bores are disallowed for migratory birds.
While not impossible to change an Act linked to an international convention, it is difficult. You will note that, in Canada, the Act was amended in 1994. This was to recognize aboriginal and other subsistence hunters' needs.
Cheers,
Jack
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Hunt ethically. Eat heartily.
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