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by ELB
Sun Jul 02, 2017 7:20 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Mossberg Shockwave
Replies: 210
Views: 68762

Re: Mossberg Shockwave

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 on 1 Sep, you were and are correct on that.

All I was saying is that the Shockwave may be legal under current law. Everyone worries that the Shockwave might be a "shotgun" under current Texas law, but it might not as well. Distributors didn't want to ship because they didn't know which way a court might jump, didn't want to be the "test case." Recall that the Texas AG was asked to officially opine on this, but since the Leg acted, he only needs to issue a letter that says "Problem solved!"
by ELB
Sat Jul 01, 2017 8:41 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Mossberg Shockwave
Replies: 210
Views: 68762

Re: Mossberg Shockwave

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.
by ELB
Mon Jun 12, 2017 4:15 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Mossberg Shockwave
Replies: 210
Views: 68762

Re: Mossberg Shockwave

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.
by ELB
Thu May 18, 2017 11:00 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Mossberg Shockwave
Replies: 210
Views: 68762

Re: Mossberg Shockwave

parabelum wrote:I'd love to have one, but unfortunately for us here in Texas, the "intended to be fired from the shoulder" text does not exist for shotgun definition under Texas Penal Code, to my knowledge.

So, while it would be unlikely under federal law for shockwave to be considered a short-barreled shotgun because of its pistol grip, under Texas law, it may fall under that definition.

As such, I suspect that it may fall under "short-barrel firearm", and possession without proper paperwork :yawn may result in a third degree felony charge, here in the free State of Texas.


Ah,the "shockwave" indeed...
Standby: http://texaschlforum.com/viewtopic.php? ... =shockwave
by ELB
Wed Mar 22, 2017 5:05 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Mossberg Shockwave
Replies: 210
Views: 68762

Re: Mossberg Shockwave

I find this firearm way too interesting to be good for my budget. I'm surprised AndyC didn't start this thread.

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