Mossberg Shockwave

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jtf96b
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Re: Mossberg Shockwave

Postby jtf96b » Mon Jun 12, 2017 3:08 pm

Here is the Texas Penal Code on this topic. (10)  "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

It was not made from a shotgun or rifle and has an overall length greater then 26 inches. I don't see anything here that says this would be illegal in Texas. Now the question is legality of carrying since it is not a hand gun nor is it a long gun. It is a Firearm.

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Re: Mossberg Shockwave

Postby ELB » Mon Jun 12, 2017 4:15 pm

jtf96b wrote:Here is the Texas Penal Code on this topic. (10)  "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

It was not made from a shotgun or rifle and has an overall length greater then 26 inches. I don't see anything here that says this would be illegal in Texas. Now the question is legality of carrying since it is not a hand gun nor is it a long gun. It is a Firearm.


You don't see anything that says it is legal in Texas either, because "shotgun" is undefined in Texas law. The BATFE says that if a firearm is made from a receiver that has not yet been used in a federally-defined shotgun or rifle, then it's ok to make it into a pistol or "firearm," but those are federal definitions, not Texas ones. A Texas court may or may not consider them in determining whether a Shockwave is legal prior to 1 Sep this year. Hence the amendment.

Anyway, I ran across something that to me greatly reduces the appeal of a Shockwave. Mossberg has some "rules" on their website description of a Shockwave, one of which is this:

Do not carry the Mossberg Shockwave concealed. If this gun is carry concealed, it would
be defined by BATFE as an A.O.W. and the user could be charged with possession of an
unregistered NFA weapon.


The BATFE website has this for defining AOWs:

26 U.S.C. § 5845(E)

For the purposes of the National Firearms Act, the term “Any Other Weapon” means:
•Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;

•A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;

•Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and

•Any such weapon which may be readily restored to fire.

Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.


So putting this thing in a gun case and carrying it in your hand conceals it, no? Backpack? Brief case? That's inconvenient.
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Re: Mossberg Shockwave

Postby Pawpaw » Mon Jun 12, 2017 4:49 pm

ELB wrote:
jtf96b wrote:Here is the Texas Penal Code on this topic. (10)  "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

It was not made from a shotgun or rifle and has an overall length greater then 26 inches. I don't see anything here that says this would be illegal in Texas. Now the question is legality of carrying since it is not a hand gun nor is it a long gun. It is a Firearm.


You don't see anything that says it is legal in Texas either, because "shotgun" is undefined in Texas law. The BATFE says that if a firearm is made from a receiver that has not yet been used in a federally-defined shotgun or rifle, then it's ok to make it into a pistol or "firearm," but those are federal definitions, not Texas ones. A Texas court may or may not consider them in determining whether a Shockwave is legal prior to 1 Sep this year. Hence the amendment.

Anyway, I ran across something that to me greatly reduces the appeal of a Shockwave. Mossberg has some "rules" on their website description of a Shockwave, one of which is this:

Do not carry the Mossberg Shockwave concealed. If this gun is carry concealed, it would
be defined by BATFE as an A.O.W. and the user could be charged with possession of an
unregistered NFA weapon.


The BATFE website has this for defining AOWs:

26 U.S.C. § 5845(E)

For the purposes of the National Firearms Act, the term “Any Other Weapon” means:
•Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;

•A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;

•Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and

•Any such weapon which may be readily restored to fire.

Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.


So putting this thing in a gun case and carrying it in your hand conceals it, no? Backpack? Brief case? That's inconvenient.


So, pay the $5 for an AOW tax stamp before you conceal it.
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Re: Mossberg Shockwave

Postby puma guy » Mon Jun 12, 2017 5:49 pm

My LGS told me that have one coming in tomorrow, but they can't sell them until September 1. I'm going back tomorrow to peruse it. At 5¼ lbs I'm not sure how comfortable it would be shooting this weapon enough to be proficient - even with 2¾" shells. Shooting 3" shells may be a masochistic exercise - at least it would be for me.
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Re: Mossberg Shockwave

Postby CleverNickname » Mon Jun 12, 2017 9:57 pm

Pawpaw wrote:So, pay the $5 for an AOW tax stamp before you conceal it.


Well, for starters there's the 10-12 month wait. Also, AOWs are $5 to transfer, but $200 to register. And if you're going to transfer an already-made AOW, why not get a shorter shotgun-ish AOW like the Serbu Super Shorty or one of its clones?

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Re: Mossberg Shockwave

Postby nyj » Sun Jun 25, 2017 8:57 am

So what's the verdict?

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The Annoyed Man
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Re: Mossberg Shockwave

Postby The Annoyed Man » Sun Jun 25, 2017 9:12 am

nyj wrote:So what's the verdict?

Will be legal in Texas on September 1st of this year. The Legislature passed a bill, which Gov Abbott signed, which cleared up the definitions to make guns like the Shockwave and Remington's TAC-14 legal.
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Re: Mossberg Shockwave

Postby boxermoose » Sun Jun 25, 2017 9:32 am

puma guy wrote:My LGS told me that have one coming in tomorrow, but they can't sell them until September 1. I'm going back tomorrow to peruse it. At 5¼ lbs I'm not sure how comfortable it would be shooting this weapon enough to be proficient - even with 2¾" shells. Shooting 3" shells may be a masochistic exercise - at least it would be for me.

Get the adaptor to reliably feed the mini shells

Less recoil, increased capacity for the intended use of pest control

http://www.opsolmini-clip.com

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nyj
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Re: Mossberg Shockwave

Postby nyj » Sun Jun 25, 2017 11:20 am

The Annoyed Man wrote:
nyj wrote:So what's the verdict?

Will be legal in Texas on September 1st of this year. The Legislature passed a bill, which Gov Abbott signed, which cleared up the definitions to make guns like the Shockwave and Remington's TAC-14 legal.


Awesome, thanks.


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Re: Mossberg Shockwave

Postby nimravus01 » Sat Jul 01, 2017 8:19 pm

My local shop got a shockwave in yesterday and called me to say it was for sale! Going to my buddy's land tomorrow to try it out!

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Re: Mossberg Shockwave

Postby ELB » Sat Jul 01, 2017 8:41 pm

The Annoyed Man wrote:
nyj wrote:So what's the verdict?

Will be legal in Texas on September 1st of this year. The Legislature passed a bill, which Gov Abbott signed, which cleared up the definitions to make guns like the Shockwave and Remington's TAC-14 legal.


It might be legal now. Definitely legal in Sep.
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Re: Mossberg Shockwave

Postby The Annoyed Man » Sat Jul 01, 2017 8:56 pm

ELB wrote:
The Annoyed Man wrote:
nyj wrote:So what's the verdict?

Will be legal in Texas on September 1st of this year. The Legislature passed a bill, which Gov Abbott signed, which cleared up the definitions to make guns like the Shockwave and Remington's TAC-14 legal.

It might be legal now. Definitely legal in Sep.

I'll have to look into it. I thought that the law was effective 9/1, but I may not remember correctly.
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Re: Mossberg Shockwave

Postby cyphertext » Sat Jul 01, 2017 9:37 pm

The Annoyed Man wrote:
ELB wrote:
The Annoyed Man wrote:
nyj wrote:So what's the verdict?

Will be legal in Texas on September 1st of this year. The Legislature passed a bill, which Gov Abbott signed, which cleared up the definitions to make guns like the Shockwave and Remington's TAC-14 legal.

It might be legal now. Definitely legal in Sep.

I'll have to look into it. I thought that the law was effective 9/1, but I may not remember correctly.

The new law is effective September 1, although they could be legal now... some shops have sold them and some are in the wild here in Texas.


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Re: Mossberg Shockwave

Postby nimravus01 » Sun Jul 02, 2017 11:48 am

cyphertext wrote:The new law is effective September 1, although they could be legal now... some shops have sold them and some are in the wild here in Texas.


I just picked up a Shockwave from my local store. It even comes with a copy of the letter from the ATF in the box. I'm going to go shoot it on my buddy's land, however, I think I'll skip the public range until SEPT 1 just to play it safe.

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Re: Mossberg Shockwave

Postby carlson1 » Sun Jul 02, 2017 1:11 pm

nimravus01 wrote:
cyphertext wrote:The new law is effective September 1, although they could be legal now... some shops have sold them and some are in the wild here in Texas.


I just picked up a Shockwave from my local store. It even comes with a copy of the letter from the ATF in the box. I'm going to go shoot it on my buddy's land, however, I think I'll skip the public range until SEPT 1 just to play it safe.


BATFE was never in question it was Texas Law which has been cleared up and will take effect on September 1.
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