TexasCHLforum.com

The shockwave is not considered a handgun, it was designated as an "other" firearm. Since it was not modified, is not designed to be shoulder fired, and requires no NFA stamp, The ATFE, did not list it as prohibited. Texas simply modified their statutes, to basically make it not illegal, as a "short barreled shotgun." by accepting the ATFE ruling on the gun.

My advice, and again, I'm not a lawyer, would be, if you plan to carry it in your truck/car, or anywhere outside your home, would be to print out the new statute, and keep it with you. Not all LEO will be up to speed, on the law, right away. JMHO

rotor wrote:After reading this long thread clarify for me whether this firearm will be legal (9/1) to carry in a guncase of some kind or will the only legal way to transport it would be with it out in the open? I can see the little old lady man with a gun calls now. I carry my shotguns in a case whenever I travel. This firearm may be illegal to carry in a case. More problems.

From my understanding, and I'm far from a layer, or legal scholar, this type of firearm, was specifically, designated to be legal to carry, due to its designation from the ATFE. I don't know that it was specifically, considered "illegal", but there was a question, prior to the bill during the last session. JMHO

Soccerdad1995 wrote:

Jusme wrote:For those who are going to purchase a Shockwave, and plan on carrying in in your vehicles, I would suggest, that you print a copy of the law, and have it with you, just in case some LEO, don't follow the Legislature as closely as we do. JMHO

This is not a bad idea for firearm laws in general, along with a number of other things (carrying cash on domestic flights, etc). And yes, it is VERY sad that we need to educate law enforcement agents on the law.

The problem usually comes from the fact, that their is almost no follow up training for a lot of departments, after the academy. They are required to take a certain number of hours of continuing education per year, but it may not be regarding new/amended laws. There was a big push after the CHL law was passed to educate LEO, and again when Open Carry passed, but for some of these changes, they only have what they learned in the academy to fall back on. and after several years, many things can change. I suspect, that since this was added as an amendment, that their won't be widespread training, or instruction on this. Especially, in the smaller departments. I would suggest, that if confronted by a LEO, ask (politely) to speak with a supervisor, because you have a copy, of the amended statute, and the ATFE ruling. If there are no other extenuating circumstances, most LEO will not mind being educated, as long as the educator, is polite and professional. It's never good to become confrontational, during traffic stops, or any time firearms are involved. Since the majority of members here are usually very law abiding, and non-confrontational, anyway, I know I am preaching to the choir. and the odds of this even being an issue, are very small.

For those who are going to purchase a Shockwave, and plan on carrying in in your vehicles, I would suggest, that you print a copy of the law, and have it with you, just in case some LEO, don't follow the Legislature as closely as we do. JMHO

My Mossberg 500 came with traditional stock as well as a pistol grip. Even with the grip the overall length is within the legal requirement. I don't like shooting with the pistol grip. I can't consistently put rounds on target, and my wrist takes an awful beating after just a few shots. Also when held and trying to sight down the barrel, it extends away from by body just as much if not more than with the stock. I don't know if Texas will allow an exemption for the Shockwave, but, it's not something I am going to be buying. JMHO

Soccerdad1995 wrote:

Jusme wrote:

aaangel wrote:texas and ohio only?????? just got off the phone with TJ from buds. he has no explanation also. and yes i cancelled my order

This is not a new law in Texas. As I posted earlier, despite what Mossberg, and even the BATFE, say, Texas has it's definition of a legal shotgun, that has been on the books since the 30s. Unless the Legislature revises it's definition, any "shotgun" with a barrel shorter than 18" will be illegal here.
The law was written after the Miller decision, and has not been changed. Tell only way it will be legal, here, is if Texas changes its definition, or the BATFE, requires them to be registered as NFA firearms.

Can you point me to the definition of the term "shotgun" in Texas law? Everything I have read says that there is no definition for that term in Texas law. I would love to see Texas actually add a definition for a "shotgun". Anything resembling the common definition of a weapon that is designed to be fired from the shoulder should clear this up real quick.

I sent an inquiry to the Texas OAG yesterday and a response was sitting in my inbox this morning. They confirmed that they have not issued any rulings on whether this firearm is a "shotgun" and/or whether it is illegal under Texas law. This will be a decision to be made at the prosecutorial level. They also told me that I am not the first person who has inquired about this firearm. And yes, they specifically used the term firearm, not shotgun.

All I know, is that if a case came to trial, and the prosecution laid out three Mossberg "firearms" one with a 28" barrel, one with a 18.5" barrel and pistol grip, and the Shockwave, and demonstrated how they all loaded the same way, had identical actions, fired the exact same ammo (either shotshells or shotgun slugs) and asked 12 jury members to render their verdict, on whether or not, under Texas law, the Shockwave was a prohibited weapon, I don't think there would be many who disagreed with the fact that it is a short barreled firearm, not requiring an NFA stamp, and not of the correct barrel length, and overall length, and therefore illegal under Texas law.

Don't get me wrong, I agree that the whole, barrel length, shotgun definition, BATFE regulations, NFA stamp, issues are just more government interference than is necessary. I wish you luck on getting an opinion, but I wouldn't count on many changes very soon. JMHO

aaangel wrote:texas and ohio only?????? just got off the phone with TJ from buds. he has no explanation also. and yes i cancelled my order

This is not a new law in Texas. As I posted earlier, despite what Mossberg, and even the BATFE, say, Texas has it's definition of a legal shotgun, that has been on the books since the 30s. Unless the Legislature revises it's definition, any "shotgun" with a barrel shorter than 18" will be illegal here.
The law was written after the Miller decision, and has not been changed. Tell only way it will be legal, here, is if Texas changes its definition, or the BATFE, requires them to be registered as NFA firearms.

Just so I'm not misunderstood. I have no derision anyone who wants to buy one of these. Mossberg did everything they could to build a firearm, that could not be banned under NFA regulations, and I applaud the effort to demonstrate the absurdity of these regulations. I just would not want to be the test case for prosecution under Texas law. While the law has some ambiguity as to the definition of a shotgun, very few jurors would conclude that a gun that fires shotgun shells, from a smooth bore fire arm, would be defined otherwise.
But if there are those who want to push the envelope, go ahead, as Charles said, jump out there and make it happen and we will sing your praises.
I would rather petition my State representatives, to change, or amend the law, to better mirror Federal law. JMHO

I personally don't care about barrel length, the ability to shoot it one handed, or any other restrictions, the State of Texas places on a firearm. None of those things make a firearm more, or less, able to deliver sufficient firepower to kill someone. However, until we get the laws changed, they must be obeyed. No matter how Mossberg, or any other manufacturers markets the firearm.

The Shockwave, is not a gun I would want to shoot very often. I have a pistol grip that fits my 500, that, if I find, someone can have. I only want guns that I can feel confident of putting shots on target. And a 12 gauge in that configuration, would not provide that for me. JMHO

anygunanywhere wrote:

Jusme wrote:

Soccerdad1995 wrote:

Jusme wrote:From the Mossberg web site:
Classification of the 590 Shockwave

The Bureau of Alcohol, Tobacco, Firearms & Explosives has confirmed the 590 Shockwave as a “firearm” per the Gun Control Act (GCA), but not a Class 3/NFA firearm. Click here to read a copy of the letter from the BATFE regarding federal classification of the Shockwave, dated 3/2/2017). NOTE: This letter only speaks to its FEDERAL status. There could be local/state laws that prohibit the sale of this gun in your state. Consult your State Police for clarification. Just as with any other pistol grip firearm, the buyer must be 21 years of age, and be a resident of the state where s/he is purchasing it.

In Texas, for it to be legal, it must have an 18" barrel and be 26" overall.

What is your source for the part that I bolded? These are the requirements for a "shotgun" in Texas. But I do not believe that term is defined in Texas law, and using the Federal law definition, this firearm is not a "shotgun" since it clearly is not intended to be fired from the shoulder.

Texas penal code 46.01 section 10

I can't get it to copy and paste properly on my phone but further down in that section, it states than unless is is an NFL licensed gun it is illegal to possess.

Umm, the NFL licenses guns?

LOL phone autocorrect got me again.
Let's try NFA

Soccerdad1995 wrote:

Jusme wrote:From the Mossberg web site:
Classification of the 590 Shockwave

The Bureau of Alcohol, Tobacco, Firearms & Explosives has confirmed the 590 Shockwave as a “firearm” per the Gun Control Act (GCA), but not a Class 3/NFA firearm. Click here to read a copy of the letter from the BATFE regarding federal classification of the Shockwave, dated 3/2/2017). NOTE: This letter only speaks to its FEDERAL status. There could be local/state laws that prohibit the sale of this gun in your state. Consult your State Police for clarification. Just as with any other pistol grip firearm, the buyer must be 21 years of age, and be a resident of the state where s/he is purchasing it.

In Texas, for it to be legal, it must have an 18" barrel and be 26" overall.

What is your source for the part that I bolded? These are the requirements for a "shotgun" in Texas. But I do not believe that term is defined in Texas law, and using the Federal law definition, this firearm is not a "shotgun" since it clearly is not intended to be fired from the shoulder.

Texas penal code 46.01 section 10

I can't get it to copy and paste properly on my phone but further down in that section, it states than unless is is an NFL licensed gun it is illegal to possess.

From the Mossberg web site:
Classification of the 590 Shockwave

The Bureau of Alcohol, Tobacco, Firearms & Explosives has confirmed the 590 Shockwave as a “firearm” per the Gun Control Act (GCA), but not a Class 3/NFA firearm. Click here to read a copy of the letter from the BATFE regarding federal classification of the Shockwave, dated 3/2/2017). NOTE: This letter only speaks to its FEDERAL status. There could be local/state laws that prohibit the sale of this gun in your state. Consult your State Police for clarification. Just as with any other pistol grip firearm, the buyer must be 21 years of age, and be a resident of the state where s/he is purchasing it.

In Texas, for it to be legal, it must have an 18" barrel and be 26" overall.