Hunting With an Unplugged Shotgun in Ontario:

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Last Updated: September 17 2026

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Question:I got a federal ticket for hunting with an unplugged shotgun in Ontario, what should I do before my court date?

Answer:If you received a ticket or summons for Hunting with an Unplugged Shotgun in Ontario, act fast: read the exact offence wording and subsection on your documents, note the response deadline and court date, preserve the firearm and any plug, magazine, and cartridge-capacity details as found at the inspection, and gather photos, videos, purchase or modification records, and officer notes so a paralegal can assess whether the shotgun was designed for three cartridges or was properly reduced as required under Migratory Birds Regulations, 2022.  Don’t pay just to “get it over with” until you confirm the specific subsection, because paying the prescribed fine can enter a conviction and may affect seizure or forfeiture outcomes.  For help in Ontario, contact DefendCharges.ca™ by phone at (647) 559-3377 to discuss your ticket wording and the firearm capacity facts.

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Hunting with an Unplugged Shotgun in Ontario

Received a ticket or summons for Hunting with an Unplugged Shotgun in Ontario, the charge concerns whether you hunted migratory game birds with a shotgun that did not meet the federal cartridge capacity requirements.  The charge may involve a shotgun capable of holding too many cartridges, an inadequate or removable magazine plug, a shotgun actually holding more than three cartridges, or a detachable magazine capable of holding too many cartridges.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  "Unplugged shotgun" is convenient hunting language, but federal law does not require every shotgun to contain a physical plug.  A shotgun designed to hold no more than three cartridges can comply without one, while a shotgun with greater capacity must be reduced in the manner required by the Migratory Birds Regulations, 2022.  The firearm, magazine, plug, actual capacity, and exact subsection on your ticket can therefore matter.

This page explains what a Hunting with an Unplugged Shotgun charge means, the three cartridge rule, when a plug is required, the related shotgun capacity offences, what must be proven, current federal ticket fines and possible consequences, evidence, possible defences and legal issues, seizure and forfeiture, and what may happen next.  This offence is part of Waterfowl & Migratory Bird Charges.

I Received a Hunting with an Unplugged Shotgun Ticket or Summons.  What Should I Do?

Read the exact offence wording and section number on your documents and do not miss the response deadline or required court date.  A summons is a document requiring you to attend court or respond as directed.  Your federal ticket may use wording such as Hunting with an unauthorized shotgun, Possessing a shotgun holding more than three cartridges in a hunting area, Possessing a detachable magazine capable of holding more than two cartridges in a hunting area, or Possessing an unauthorized shotgun in a hunting area.

Keep the shotgun in the condition it was in when the officer inspected or seized it if you are legally able to do so.  Preserve the plug, magazine, magazine tube, firearm manual, manufacturer specifications, photographs, videos, purchase records, modification records, and any documents or photographs created by the game officer.  A game officer is an officer authorized to enforce federal migratory bird law.

Record which shotgun you were using, how many cartridges were actually in it, whether it had a fixed or detachable magazine, what plug or capacity limiter was installed, whether the officer removed or tested anything, and what was said about the firearm's capacity.  Do not alter a disputed plug or firearm configuration before the evidence has been properly documented.

Should I Pay the Ticket?

Paying the prescribed fine under the federal ticket procedure constitutes a guilty plea and results in a conviction being entered.  A conviction means a finding of guilt.  Before paying, identify the exact subsection because federal law separates hunting with an unauthorized shotgun from possessing a shotgun that is actually holding too many cartridges or possessing an oversized detachable magazine.

The distinction can matter even though the current federal ticket fine for each of the principal shotgun capacity offences discussed on this page is $250.  The facts that must be proven and the maximum penalties available outside the ordinary ticket process are not identical for every subsection.

If the shotgun or other property was seized and the ticket included the required written forfeiture notice, paying the prescribed fine can also result in property seized in relation to the offence being forfeited as provided by federal law.  Review the ticket and seizure documents before deciding how to respond.

What Is Hunting with an Unplugged Shotgun?

Hunting with an Unplugged Shotgun is the plain English title used on this page for federal offences involving shotgun capacity while hunting migratory game birds.  The principal rule is section 37 of the Migratory Birds Regulations, 2022.

For ordinary migratory game bird hunting with a shotgun, paragraph 37(1)(c) requires a shotgun no larger than number 10 gauge that either was designed to hold no more than three cartridges or has had its capacity reduced to three cartridges in the magazine and chamber combined in the manner required by the regulation.

Hunters often call ammunition for a shotgun shells.  The federal regulation uses the word cartridges.  For the capacity rule, no more than three cartridges may be accommodated in the magazine and chamber combined.

Section 37 also contains related rules that can produce separate tickets.  While hunting migratory game birds, a person must not possess in the hunting area a shotgun actually holding more than three cartridges or a detachable magazine capable of holding more than two cartridges.  A person must also not possess a shotgun in the hunting area that does not satisfy the authorized shotgun requirements.

The page title therefore does not mean every case involves a missing physical plug.  The actual legal issue may be the firearm's designed capacity, the way its capacity was reduced, the cartridges actually loaded, or the capacity of a detachable magazine.

Does Every Migratory Bird Shotgun Need a Plug?

No.  A shotgun that was designed to hold no more than three cartridges does not need an additional plug merely to satisfy the federal three cartridge capacity rule.

A plug or other qualifying magazine modification becomes important where the shotgun would otherwise be capable of holding more than three cartridges in the magazine and chamber combined.

The legal question is therefore whether the shotgun satisfied one of the two permitted configurations: it was designed with a maximum capacity of three cartridges, or its greater capacity had been properly reduced to three.

What Kind of Shotgun Plug Is Required?

If a shotgun's capacity must be reduced, federal law specifies how that reduction must be accomplished.  The magazine must be cut off, altered, or plugged with a one-piece metal, plastic, or wood filler that reduces the shotgun's total magazine and chamber capacity to three cartridges.

The filler must not be removable unless the gun is disassembled.  A device that appears to limit capacity but can simply be removed without disassembling the gun may therefore be important to the charge.

Whether a particular plug complied can depend on the physical firearm, the magazine system, how the filler was installed, and whether it could be removed without the required disassembly.  Photographs and an examination of the actual firearm can be more useful than assumptions based only on the firearm model.

How Many Shells Can the Shotgun Hold?

The federal rule allows a maximum capacity of three cartridges in the magazine and chamber combined.  In a common pump or semi-automatic shotgun configuration, this is often described as two cartridges in the magazine and one in the chamber.

The legal rule is based on the combined capacity rather than on a particular loading sequence.  A shotgun configured so that three cartridges fit in the magazine and another can fit in the chamber would exceed the permitted total capacity unless it is properly reduced.

The physical capacity of the firearm can matter even where the hunter says fewer cartridges were actually loaded.  That is because federal law separately regulates both the authorized shotgun configuration and the number of cartridges actually being held.

What If I Had Only Three Shells Loaded?

Having only three cartridges in the shotgun does not necessarily resolve a charge if the shotgun itself was capable of holding more than three and had not been properly reduced.

Paragraph 37(1)(c) addresses the type and capacity of the shotgun used for hunting.  Paragraph 37(3)(b) also prohibits possessing in the hunting area a shotgun that does not satisfy that authorized shotgun rule.

Subsection 37(2), by contrast, contains a separate offence based on what is actually being possessed: a shotgun holding more than three cartridges.  The exact subsection on your ticket therefore determines whether the prosecution is relying on the firearm's capacity, its actual load, or both.

What Rule Applies to a Detachable Magazine?

A detachable shotgun magazine used while hunting migratory game birds must not be capable of holding more than two cartridges.  This corresponds with the maximum combined total of three once one cartridge is in the chamber.

The federal rule focuses on what the detachable magazine is capable of holding.  Loading only two cartridges into a detachable magazine that is capable of holding more than two does not necessarily answer a charge under paragraph 37(2)(b).

The magazine identified by the officer should therefore be preserved and its actual capacity verified.

What Law Applies?

The principal law is section 37 of the Migratory Birds Regulations, 2022 under the Migratory Birds Convention Act, 1994.

Paragraph 37(1)(c) establishes the authorized shotgun rule for migratory game bird hunting.  The shotgun must not be larger than number 10 gauge and must either be designed to hold no more than three cartridges or have its capacity properly reduced to three cartridges in the magazine and chamber combined.

Subsection 37(2) separately prohibits possessing, while hunting migratory game birds in the hunting area, a shotgun holding more than three cartridges or a detachable magazine capable of holding more than two cartridges.  Paragraph 37(3)(b) separately prohibits possessing a shotgun in the hunting area that does not meet the authorized shotgun requirement.

The same federal section also contains other weapon rules, but this page is limited to the shotgun capacity issue identified by the Hunting with an Unplugged Shotgun charge.

What Must Be Proven?

The prosecutor must prove every required part of the particular charge beyond a reasonable doubt.  The prosecutor is the lawyer or representative presenting the government's case.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

If the charge is Hunting with an unauthorized shotgun under paragraph 37(1)(c), the important issues will generally include whether:

• You were the person involved;
• Your conduct legally amounted to hunting migratory game birds;
• You hunted using the shotgun identified in the charge;
• The shotgun did not satisfy the applicable federal shotgun requirements; and
• The conduct occurred at the time and place identified in the charge.

If the charge instead arises under subsection 37(2) or paragraph 37(3)(b), the prosecutor must prove the requirements of that particular provision.  Depending on the subsection, the issue may be whether you possessed in the hunting area a shotgun actually holding more than three cartridges, a detachable magazine capable of holding more than two cartridges, or a shotgun that did not satisfy the authorized shotgun configuration.

The prosecutor must prove the offence actually charged.  Evidence that the shotgun could physically accept more than three cartridges does not by itself prove that it was holding more than three cartridges for a subsection 37(2)(a) charge, while proof that only three were loaded does not necessarily answer a charge directed at an unauthorized firearm configuration.

Can You Be Charged if No Migratory Bird Was Killed?

Yes.  A successful kill is not required for these hunting equipment charges.  Federal law defines hunt broadly.

Hunting includes chasing, pursuing, following, lying in wait for, or attempting in any manner to capture, kill, take, injure, or harass a migratory bird, whether or not the bird is ultimately captured, killed, taken, injured, or harassed.

A game officer may therefore lay a shotgun capacity charge even if no bird was recovered.  The prosecution must still establish that you were engaged in hunting activity and satisfy the particular firearm or magazine requirements of the subsection charged.

What Common Situations Lead to This Charge?

The Magazine Plug Was Missing

The shotgun may have been designed to hold more than three cartridges and the officer found no device reducing the capacity to the federal limit.  The firearm's actual capacity and configuration become central evidence.

The Plug Could Be Removed Without Disassembling the Shotgun

A capacity limiter may have been installed but the officer says it did not satisfy the regulation because it could be removed without disassembling the gun.  The plug, firearm design, and method of removal should be documented.

The Shotgun Was Loaded With More Than Three Cartridges

The firearm itself may have been capable of accepting the cartridges found in it, and the ticket may specifically allege possession of a shotgun holding more than three cartridges under subsection 37(2)(a).

A Detachable Magazine Could Hold More Than Two Cartridges

The hunter may have loaded only one or two cartridges, but the officer says the detachable magazine itself had a capacity greater than two.  The actual magazine and its capacity are important evidence.

The Hunter Loaded Only Three Cartridges Into a Higher Capacity Shotgun

The hunter may say the three cartridge rule was followed because only three shells were loaded.  The charge may instead concern the fact that the shotgun was capable of holding more than three and had not been properly reduced.

What Is the Fine for Hunting with an Unplugged Shotgun?

The current federal Contraventions Regulations prescribe a $250 ticket fine for each of the principal shotgun capacity offences covered on this page.

The current federal ticket entries include:

• Hunting with an unauthorized shotgun, paragraph 37(1)(c): $250;
• Possessing a shotgun holding more than three cartridges in a hunting area, paragraph 37(2)(a): $250;
• Possessing a detachable magazine capable of holding more than two cartridges in a hunting area, paragraph 37(2)(b): $250; and
• Possessing an unauthorized shotgun in a hunting area, paragraph 37(3)(b): $250.

The exact subsection on your ticket remains important even though these current prescribed ticket fines are the same.  Different subsections require different proof and are treated differently under some of the full federal penalty provisions.

A federal ticket proceeding is different from a prosecution under the full penalty provisions of the Migratory Birds Convention Act, 1994.  A person convicted in a proceeding commenced through the federal contraventions ticket process is not liable to imprisonment under the Contraventions Act.

Subsections 37(1) and 37(3) are designated provisions under the Migratory Birds Convention Act, 1994.  For an individual prosecuted for a first designated offence under the Act rather than through the ordinary ticket process, the statutory range on summary conviction is a fine from $5,000 to $300,000, imprisonment for up to six months, or both.  On indictment, the first offence range is a fine from $15,000 to $1,000,000, imprisonment for up to three years, or both.

Subsection 37(2) is not included in the same designated provision list.  For an individual committing a first non-designated offence under the general federal penalty provision, the maximum is a $25,000 fine on summary conviction or a $100,000 fine on indictment.  This is another reason the exact subsection on your documents matters.

A guilty finding for a section 37 migratory game bird hunting offence can also affect your federal hunting permit.  Subject to the applicable court and Ministerial provisions, an existing Migratory Game Bird Hunting Permit can cease to be valid, and the person is generally prohibited from applying for another permit for 12 months unless the Minister first gives permission.

What Evidence May Be Used?

These cases often depend on the physical firearm, magazine, plug, and evidence showing how the shotgun was configured and used.

Shotgun and Capacity Evidence

The shotgun itself may be examined to determine its magazine capacity, chamber capacity, firearm model, magazine system, and whether it was designed to hold no more than three cartridges.

Plug and Modification Evidence

The plug or filler, photographs of its installation, manufacturer information, modification records, and evidence showing whether it could be removed without disassembling the firearm may be important.

Magazine and Ammunition Evidence

The detachable or fixed magazine, cartridges removed from the firearm, photographs taken during the inspection, and officer notes may be used to establish actual loading or magazine capacity.

Officer and Witness Evidence

Game officer observations, notes, photographs, video, statements, and witness evidence may be used to establish who possessed or used the shotgun and whether migratory game bird hunting was occurring.

Hunting and Electronic Evidence

Permit records, photographs, messages, GPS information, video, hunting equipment, decoys, calls, or other records may help establish the date, location, and nature of the hunting activity.

Disclosure is the evidence and information the prosecution is required to provide as required by law so that you can understand and answer the charge.  The firearm evidence should be compared with the exact subsection and short form wording on your ticket.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact subsection charged, the shotgun's actual configuration, the magazine, the number of cartridges involved, and the evidence showing whether you were hunting.  No particular issue guarantees that the charge will be dismissed.

The Shotgun Was Designed to Hold No More Than Three Cartridges

A physical plug is not required where the shotgun was already designed with a total maximum capacity of three cartridges.  Manufacturer specifications and examination of the firearm may establish its designed capacity.

The Shotgun Was Properly Plugged or Modified

The evidence may establish that a compliant one-piece filler or other permitted alteration reduced the total magazine and chamber capacity to three and could not be removed without disassembling the gun.

The Shotgun Was Not Holding More Than Three Cartridges

This can be important where the charge is specifically paragraph 37(2)(a).  The number of cartridges removed from the firearm, officer notes, video, photographs, and witness evidence should be compared.

The Detachable Magazine Did Not Exceed the Permitted Capacity

The magazine identified in the charge may have been capable of holding no more than two cartridges.  The actual magazine should be tested rather than relying only on assumptions based on appearance or model.

The Shotgun or Magazine Was Not Used or Possessed by You

The firearm may have belonged to another hunter or been present in a vehicle, boat, blind, or shared hunting area without sufficient evidence that you used or possessed it in the manner required by the particular charge.  Ownership alone does not necessarily answer the legal question of use or possession.

You Were Not Hunting Migratory Game Birds

You may have been travelling, transporting equipment, handling a firearm for another purpose, or present with another hunter without engaging in conduct that met the federal definition of hunting migratory game birds.  The circumstances and purpose shown by the evidence should be reviewed.

Due Diligence

The Migratory Birds Convention Act, 1994 recognizes a due diligence defence for these offences.  Due diligence means taking all reasonable care in the circumstances to prevent the offence.

Evidence may include manufacturer information, records showing that the firearm was professionally modified, reasonable checks of the plug and capacity before hunting, or other steps taken to ensure the firearm complied.  Simply assuming that a shotgun was compliant without making reasonable checks is different from establishing due diligence.

Could the Shotgun or Other Property Be Seized or Forfeited?

Yes, where the federal statutory requirements are met.  A game officer exercising lawful inspection powers may seize something the officer believes on reasonable grounds was involved in a contravention or will provide evidence of one.

A shotgun, magazine, plug, ammunition, migratory game birds, documents, or other property connected with the investigation may therefore be seized where the legal requirements are satisfied.  Seizure means the property has been taken into official custody and does not itself establish guilt.

Forfeiture means permanent loss of ownership.  A court may order forfeiture following conviction where federal law authorizes it.  If the federal ticket procedure applies and the required forfeiture notice was given, payment of the prescribed fine can also result in seized property related to the offence being forfeited.

Keep every seizure notice, inventory, receipt, and other document identifying what was taken and the condition in which it was taken.

What Happens Next?

What happens next depends on the ticket or summons you received, the precise section charged, whether the shotgun was seized, and whether other offences arose from the same hunt.  Do not miss the response deadline or required court date while obtaining legal advice or requesting disclosure.

If you dispute the charge, compare the disclosure with the shotgun, magazine, plug, firearm specifications, actual cartridge count, photographs, officer observations, witness evidence, and records showing what you were doing when the firearm was inspected.

The matter may resolve without a trial or may proceed to trial if the charge remains disputed.  At trial, the prosecutor must prove every required part of the particular offence beyond a reasonable doubt, while any due diligence defence or other legal issue must be considered under the applicable federal law.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, and activity involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

Have Questions About Hunting Charges?

Whether you have been charged with one hunting offence or several, understanding your legal options is important.  DefendCharges.ca™ can review your case, explain the charges you are facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Federal law generally limits a shotgun used to hunt migratory game birds to three cartridges in the magazine and chamber combined;
• A shotgun designed to hold no more than three cartridges does not need a separate plug merely to satisfy the capacity rule;
• If a greater capacity shotgun is plugged, the required one-piece filler must reduce total capacity to three cartridges and must not be removable unless the shotgun is disassembled;
• A detachable magazine must not be capable of holding more than two cartridges while hunting migratory game birds;
• The current federal ticket fine is $250 for each of the principal unauthorized shotgun and magazine capacity offences discussed on this page;
• A bird does not have to be killed because federal law defines hunting to include pursuit, lying in wait, and attempts; and
• The shotgun, plug, magazine, actual cartridge count, officer observations, and exact subsection on your ticket may be central to the case.

Conclusion

A Hunting with an Unplugged Shotgun charge should be reviewed using the exact subsection on your ticket, the shotgun's designed and actual capacity, the plug or other modification, the magazine, the number of cartridges involved, and the evidence showing whether you were hunting migratory game birds.  Federal law does not simply ask whether a physical plug was present; it regulates the shotgun's permitted capacity, how a greater capacity firearm is reduced, and what cartridges or magazine were possessed while hunting.

Before paying a ticket or deciding how to respond, preserve the firearm and capacity evidence, obtain the available disclosure, and compare the officer's findings with the precise section that was charged.  Legal representation can help determine what must be proven and whether the shotgun was already compliant, was properly modified, contained the permitted number of cartridges, was not possessed or used by you as alleged, or whether due diligence or another legal issue affects the charge.