Define "Chambered Lower Than 38" for Night Coyote Hunting

hv55maxx

hv55maxx

NES Member
Joined
Oct 30, 2012
Messages
2,503
Likes
858
Location
Northwest Assachusetts where the dragons be
Feedback: 7 / 0 / 0
I need to hang my bait0-cicles and the only time I will have available will probably be after dark. Lugging a shotgun out there is not ideal while i'm trying to do this so i was considered my G22 with 357sig conversion barrel. Is 357sig considered chambered lower than 38? I dont have anything in 9mm and my 357 is obviously above 38 although it will carry 38s. Thoughts?




TL:DR - Is 357sig considered chambered lower than 38?
 
I'd say no on 357 sig since its case is a 40. 9 is questionable? I asked the forum about 9 I think it's a go i stuffed a 9 into a 38 cylinder but it's a tight fit.
 
If you are unsure, call the EPOs - 800-632-8075. They are the ones that will discuss it with you, after all!

It says, ".38 caliber" a 9 would be fine (.355"), a .40 would not.

I'd say that a .357 meets the rule, too, but the "chambered" makes it a bit fuzzy. This is one of the most-poorly written pieces of law....

Call the fish cops.
 
This more clearly defines the chamber vs. caliber:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section67

"A person shall not use or possess, where birds or mammals may be found, any rifle chambered to take larger than twenty-two long rifle ammunition, or any revolver or pistol chambered to take larger than thirty-eight caliber ammunition between the hours of one half hour after sunset to one half hour before sunrise of any day throughout the year. "
 
Last edited:
Since they don't say "chambered less than 38 Special", I would assume that any 9mm caliber pistol would be good to go, heck a 357 maximum is not chambered in higher than 38 caliber.
 
MisterHappy said:
If you are unsure, call the EPOs - 800-632-8075. They are the ones that will discuss it with you, after all!

It says, ".38 caliber" a 9 would be fine (.355"), a .40 would not.

I'd say that a .357 meets the rule, too, but the "chambered" makes it a bit fuzzy. This is one of the most-poorly written pieces of law....

Call the fish cops.
Click to expand...
If you call them, you will probably get an "opinion" just like here. Jack.
 
From Wildlife Regs -- What's prohibited from Page 32:

"Rifles chambered to take ammunition larger than .22 caliber long rifle rimfire, and pistols and revolvers chambered to take ammunition larger than .38 caliber, between the
hours of ½ hour after sunset and ½ hour before sunrise."

My instinct would be to take the regulation literally that when its says ".38 caliber" it means a physical dimension of the chamber and barrel being not greater than .38 of an inch in diameter. As we all know the labeling of a "38" is strictly a nominal description of a bore diameter that is actually .357 inches. So it could easily be argued that .38 Special and .357 magnum as well as .357 Sig are not larger than .38 caliber. But the truth probably is if you go hunting on a cold winter night in Massachusetts you are virtually guaranteed not to run into any DF&W officers. You can safely assume they will all be home in bed! That said my guess is you'd be better served by a .22 caliber rifle with a CCI Velocitor round.
 
Last edited:
one-eyed Jack said:
If you call them, you will probably get an "opinion" just like here. Jack.
Click to expand...


Agreed. But If you get Officer Jones' name when you call for the opinion, when Officer Smith talks to you, you have an opinion that may carry more weight than "I read on NES....."

It's a very poorly-written rule.

OP: Buy a .38 special. Done.
 
hv55maxx said:
Man I hate mass gun laws. I think I'm leaning towards 357 sig is lower than 38 caliber. If I see anyone. I'm hanging bait not hanging out.
Click to expand...

Sounds like a plan. And you could always carry a .38 round with you, available to display for comparison, to any non-believers.
 
My instinct would be to take the regulation literally that when its says ".38 caliber" it means a physical dimension of the chamber and barrel being not greater than .38 of an inch in diameter.
Click to expand...
I believe that is also the definition RI uses. RI carry permits list the maximum caliber one can carry (it's the caliber one took the range test with), so I cannot carry a S&W 460 or S&W 500 in that state.
 
larger than a .38 caliber ! ?. I want to hit the woods with a .357 like everyone else does, but I don't trust this " larger that .38 caliber " thing even a little bit. Awfully easy for a judge to stand a .38 and a .357 side by and say " well, the .357 is larger than the .38.
Hot .38 caliber is the only safe bet that I can see in the revolver category.
 
hv55maxx said:
I need to hang my bait0-cicles and the only time I will have available will probably be after dark. Lugging a shotgun out there is not ideal while i'm trying to do this so i was considered my G22 with 357sig conversion barrel. Is 357sig considered chambered lower than 38? I dont have anything in 9mm and my 357 is obviously above 38 although it will carry 38s. Thoughts?




TL:DR - Is 357sig considered chambered lower than 38?
Click to expand...

I haven't read the thread yet. When I emailed MassWildlife a couple years ago, they informed me that .38 special was the limit. A revolver chambered for .357, even when loaded with .38, was a violation. Not sure if that will help comparing .357 Sig, but it might be a start.

There was a lot of discussion, and I posted full emails regarding .22 chambering also. You might be able to find it in a search. I believe it was 2013 if that helps find it.
 
dgrafton said:
I haven't read the thread yet. When I emailed MassWildlife a couple years ago, they informed me that .38 special was the limit. A revolver chambered for .357, even when loaded with .38, was a violation. Not sure if that will help comparing .357 Sig, but it might be a start.

There was a lot of discussion, and I posted full emails regarding .22 chambering also. You might be able to find it in a search. I believe it was 2013 if that helps find it.
Click to expand...
I love how they just can make things up like that. 9 mm is more powerful than 38 spl so that is a really odd definition they are using. Nothing in the law indicates that 38 caliber should refer to 38 spl hell why not interpret it as 38 s&w?
 
Keep in mind when the law was written it was for things like hunting Raccoon at night.The hunter who used a handgun was limited to what was common at the time.Police agencies used revolvers like the S&W N frame in .38 Special. They were looking for a more powerful load.The Peace Officer's Dream K frame was developed along with the interchangeable .357 magnum,a .125 in longer cartridge, in the mid 30's.The "larger than .38 caliber" was possibly so that the common .38, .38 special and .357 magnum could be used.
 
JWPaolilliJr said:
I have gotten into this discussion With the shitheads from F&W as well as my own agency for years they are so full of shit. The Statute says nothing about 38 Special it says "Caliber" That refers to the diameter of the bullet. Fakers and Wankers love to redefine the laws as they go, or have interpreted the laws and regulations as they want them to be.

If some one were to get charged on this one and found an "Expert" to slowly explain this to a brain dead judge at trial. I believe he would win.
Click to expand...

I agree. It is all interpretive bullshit! But better to have an answer from them in writing and work with it if possible. Then there is less shit to deal with in the field when an epo shows up. As much as I like a good fight, especially when I can make someone look like an ass, I just don't have the want to deal with going to court.
 
dgrafton said:
I agree. It is all interpretive bullshit! But better to have an answer from them in writing and work with it if possible. Then there is less shit to deal with in the field when an epo shows up. As much as I like a good fight, especially when I can make someone look like an ass, I just don't have the want to deal with going to court.
Click to expand...

Section 67. A person shall not use or possess, where birds or mammals may be found, any rifle chambered to take larger than twenty-two long rifle ammunition, or any revolver or pistol chambered to take larger than thirty-eight caliber ammunition between the hours of one half hour after sunset to one half hour before sunrise of any day throughout the year.

The key wording here is "larger than thirty eight" or .380! Why would you ask for an interpretation from someone who doesn't know which end of a micrometer is the barrel?
 
Define "Chambered Lower Than 38" for Night Coyote Hunting

I don't remember the exact wording of the original emails. I am giving the condensed version of DFW's reply. I got specific answers in writing from a person in a higher position. That was what I needed. I can work around their specifics, no matter how ridiculous they are, as long as it is their interpretation and I have it in writing.

The interpretation came from DFW headquarters. My query was forwarded to the person in charge of interpreting the bullshit. No, I can't remember who the person was, but they expounded on the whole issue of calibers regarding coyote hunting at night.

I am well acquainted with reading through the fish and game laws. The correspondence took place a couple of years ago. The state has changed quite a bit of wording over the last couple of years, so your quote could be a newer version. I don't have the time or need to go digging for it.
 
Last edited:

Similar threads

Chair for hunting blind
Replies
0
Views
83
wjsmall97
W
Hunting from a ground blind.
Replies
20
Views
279
wjsmall97
W
Caribou hunting
Replies
4
Views
453
Mark from MA
M
Hunting & Fishing "New for 2024"
Replies
26
Views
876
ThePreBanMan
ThePreBanMan
rabbit hunting
Replies
3
Views
320
whacko
whacko
Back
Top Bottom