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