mossberg shockwave
Posted: Thu Aug 10, 2017 1:35 am
Since the shockwave is classified as a firearm, can I carry {posses] it the same as a shotgun or a pistol ?
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Not to nitpick here but the Texas AG has not ruled one way or the other. Current Texas law is ambiguous at best, so I don't think it is accurate to say that current Texas law "prohibits" possession of the Shockwave. It doesn't expressly permit it, and it doesn't expressly prohibit it. There are plenty of shops in Texas selling these today. This will all be a moot point in a few weeks.puma guy wrote:Currently Texas law prohibits possession of the Shockwave, but all that changes on September 1, 2017 with passage of a bill in the regular Texas Legislative Session. I can't recall the bill number off hand, but I believe it was an amendment added to specifically address these weapons; Remington makes a similar shotgun, the Tac 14 870. Both shotguns will be legal to possess assuming you can legally possess a firearm.
It is legal in texas to conceal and carry a shotgun or othe long gun.RGB wrote:Thanks for the response. I don't have a LTC, so carrying concealed is not an option. I understand carrying (a pistol) in a vehicle, it has be concealed. If carrying as a shotgun it does not have to be concealed. I also, understand that I can legally conceal a pistol in a vehicle. The difference is when I carry on my motorcycle. A shotgun I can carry in a scabbard with the stock showing. Again thanks.
But do you want to be "the test case"?Soccerdad1995 wrote:Not to nitpick here but the Texas AG has not ruled one way or the other. Current Texas law is ambiguous at best, so I don't think it is accurate to say that current Texas law "prohibits" possession of the Shockwave. It doesn't expressly permit it, and it doesn't expressly prohibit it. There are plenty of shops in Texas selling these today. This will all be a moot point in a few weeks.puma guy wrote:Currently Texas law prohibits possession of the Shockwave, but all that changes on September 1, 2017 with passage of a bill in the regular Texas Legislative Session. I can't recall the bill number off hand, but I believe it was an amendment added to specifically address these weapons; Remington makes a similar shotgun, the Tac 14 870. Both shotguns will be legal to possess assuming you can legally possess a firearm.
ScottDLS wrote:But do you want to be "the test case"?Soccerdad1995 wrote:Not to nitpick here but the Texas AG has not ruled one way or the other. Current Texas law is ambiguous at best, so I don't think it is accurate to say that current Texas law "prohibits" possession of the Shockwave. It doesn't expressly permit it, and it doesn't expressly prohibit it. There are plenty of shops in Texas selling these today. This will all be a moot point in a few weeks.puma guy wrote:Currently Texas law prohibits possession of the Shockwave, but all that changes on September 1, 2017 with passage of a bill in the regular Texas Legislative Session. I can't recall the bill number off hand, but I believe it was an amendment added to specifically address these weapons; Remington makes a similar shotgun, the Tac 14 870. Both shotguns will be legal to possess assuming you can legally possess a firearm.
I picked up an 18" savage 320 as a hd shotgun that wouldn't be in the safe, figured a cheaper one would suit the purpose and if it did get taken in a break in I wouldn't have lost as much. That said it kicks like a mule, 2 3/4 00 has enough kick that I don't want to ever shoot it at paper again although I will have to occasionally.rotor wrote:Must kick like a mule. Watched hickock45 on youtube and nothing bothers him but slugs?? Just got a Maverick 88 18 inch barrel on sale at Academy and will try out this weekend with some 00 buckshot. Let us know how this handles. I have an old mule kicker 12g Remington Sportsman that is no fun. All my other shotguns are virtually no kick. Beretta xcel A400 really no kick.
That's an interesting point. Let me see if I have this straight.ScottDLS wrote:It is legal in texas to conceal and carry a shotgun or othe long gun.RGB wrote:Thanks for the response. I don't have a LTC, so carrying concealed is not an option. I understand carrying (a pistol) in a vehicle, it has be concealed. If carrying as a shotgun it does not have to be concealed. I also, understand that I can legally conceal a pistol in a vehicle. The difference is when I carry on my motorcycle. A shotgun I can carry in a scabbard with the stock showing. Again thanks.
If the ATF says it's not a NFA weapon, then concealing it will have no bearing on federal law. I think the concern was whether Texas considers it a Short Barrel Shotgun, Or Short rifle, even if not NFA. The new law clarifies that if Feds say it's not NFA, then it's legal in texas.Soccerdad1995 wrote:That's an interesting point. Let me see if I have this straight.ScottDLS wrote:It is legal in texas to conceal and carry a shotgun or othe long gun.RGB wrote:Thanks for the response. I don't have a LTC, so carrying concealed is not an option. I understand carrying (a pistol) in a vehicle, it has be concealed. If carrying as a shotgun it does not have to be concealed. I also, understand that I can legally conceal a pistol in a vehicle. The difference is when I carry on my motorcycle. A shotgun I can carry in a scabbard with the stock showing. Again thanks.
The whole concern about the Shockwave was that it might be a shotgun, which is an undefined term in Texas law. Under federal law, a shotgun has a definition and the Shockwave does not meet it, but the concern was that a Texas jury might decide to create a definition for "shotgun" that included a gun which was designed to be fired not from the shoulder. The Shockwave would then be a short barreled shotgun, due to it's barrel length.
But now that the Shockwave has been made legal (effective 9-1-2017) without settling the question of whether it is a "shotgun" it would be beneficial for an owner of this weapon to have it defined as a "shotgun" since we are allowed, under state law to conceal a "shotgun".
On the other hand, it was made legal by virtue of the ATF classifying it as not an NFA weapon (I believe), and the ATF has said that their determination is based on the fact that it is not easily concealed due to it's overall length, so if one was to conceal it would that then make it illegal per the ATF, and by extension not legal by virtue of the new law. If that is the case, then if the Shockwave meets the non-existant Texas definition of a "shotgun" it actually would be illegal again, wouldn't it?
My dad had a Montgomery Ward 12 ga single shot with a Tenite (plastic) stock that was the first shotgun I ever used as a kid. It kicked like a mule. I am anticipating the Shockwave is aptly named. my hands/fingers have no "oil", for lack of a better term, to provide grip due to a malady I suffer from. I may wear some thin gloves to prevent it slipping when I test it.rotor wrote:Must kick like a mule. Watched hickock45 on youtube and nothing bothers him but slugs?? Just got a Maverick 88 18 inch barrel on sale at Academy and will try out this weekend with some 00 buckshot. Let us know how this handles. I have an old mule kicker 12g Remington Sportsman that is no fun. All my other shotguns are virtually no kick. Beretta xcel A400 really no kick.