TexasCHLforum.com

The Annoyed Man wrote:Just in case you want to spend even more money on your Shockwave, I give you this: http://www.thefirearmblog.com/blog/2017 ... shockwave/

It only adds $214 to the cost of your Shockwave......or about another 50%.

Wow! Isn't that what The Terminator carried in that movie?

dlh wrote:Sent to the governor today. Hopefully he will sign it and it will become law. :)

Signed by the Governor
on May 26 with an effective date of 9/1/17.

Sent to the governor today. Hopefully he will sign it and it will become law. :)

austinmc62 wrote:

The Annoyed Man wrote:

austinmc62 wrote:As an interesting point an attorney pointed me to the fact that while 46.01 does not define a shotgun, Texas Parks and wildlife uses the term "Legal Shotgun" which in part is defined as a

Legal Shotguns: Shotguns not larger than 10-gauge, fired from the shoulder, and incapable of holding more than three shells. Shotguns capable of holding more than three shells must be plugged with a one piece filler which cannot be removed without disassembling the gun, so the gun's total capacity does not exceed three shells.

You can make the argument that Texas Parks and Wildlife has defined the essential elements of a shotgun.

Welcome to the forum. That's not a shotgun definition, but is rather a restriction for hunting purposes only, and has no bearing on whether or not you can have a 8+1 pump action or semiautomatic shotgun for home defense (you can). The analogous case would be those states where you can have any capacity magazine you want for your AR15 for home defense or range/competition use, whereas hunting with an AR15 in those states requires the magazine to be restricted to X number of rounds (typically 5).

And that is the point. This is the closest ruling to what a shotgun is by a state agency. And the particular point is shoulder fired, which the schockwave cannot be.

My guess is that Parks and Wildlife does not want hunters shooting at geese and ducks with a pistol-grip shotgun hence their definition. Next week I am gonna check out my local Academy and some mom and pop shops and see if they are selling the Shockwave. Would love to have one but will not volunteer to be a test case. :)

This is all quite interesting.

The problem with the Penal Code Section 46.01 definition of "short-barreled firearm" is that it does not define what a "shotgun" is---it simply says "shotgun with a barrel length of less than 18 inches.." If the Shockwave is not a "shotgun" then problem solved. Course, if it walks like a duck...well, let's not go there.

Would be nice to get the OAG to give us an opinion on this one even though those opinions are not binding on courts.

I do not agree that prosecutors get to define legal terms. Legal terms are ultimately defined or interpreted by the courts, not prosecutors.

However, I do not know of anybody in this forum who wants to be a "test case" and put themselves in the hands of the Texas Court of Criminal Appeals for an ultimate resolution of the problem.

Texas is a gun-friendly state and I would like to see the Texas Legislature help solve the problem with a clearer definition of "shotgun."