BULLY! (historic T.R. positive exclamation, since we are talking hunting)
Did you know that many of those states don't just stipulate straight-walled, but straight-walled centerfire cartridges? Did you know that in some states that allow straight walled cartridges (and bottleneck in some cases) also have an energy stipulation that the OP would not meet with his little .38. When stipulated, it is usually muzzle energy, but in some states, the stipulation of energy is at distance, such as Utah that requires the energy at 100 yards to be 500 ft lbs or more that cannot be delivered by a non-expanding bullet. A 1200 fps 125 gr. .38 caliber straight-walled cartridge producing 400 ft lbs at the muzzle is well under that criterion and non-expanding bullets would be a no-go as well. In Nebraska, it is 400 ft lbs at 50 yards, close, but no cigar. Did you know in some states, the straight-walled cartridge must be no smaller than .357?
I do love me some hunting trivia, but it is pretty pointless especially due to the randomness of the information as applied to this situation and so this probably isn't the thread for it. Seriously, I am not sure why you quoted me previously since I wasn't commenting on legality. I never assumed or implied the OP was doing anything illegal. If I thoguht the OP was illegal, I would have said as much. I would not want a fellow member accidentally making a legal mistake that could be costly.
However, if you really want to get into the sticks, start a thread on airgun hunting requirements by state. Then we can have some real fun!