Here in this State. You can hunt birds rabbit squirrels with any type firearm other than a machine gun. Even during deer, bear, or duck season its legal. Hunting ducks does require a shotgun for that purpose. If the game I take is during its legal scheduled season. As long as I have a Small Game license and in this case a deer license also in my possession. I'm good.
The trick in taking a bird while in or on a deer stand is being quiet about it. Don't want to chase a nice deer back deep into the woods because of a loud crack in the quiet woods from a 22 LR or shotgun. Thus 22 shorts or a CCI 22 Long CB work pretty good for that purpose. Pick the bird up when your leaving your stand is how I do it.
Check with your states game dept first is indeed correct so many prior have said