Mossberg Shockwave Legality by State
With a 14-inch barrel and an overall length of just over 26 inches, many wonder if this is a short-barreled shotgun in the NFA sense? To answer the question of the legality of this weapon, we must look at the federal definition of a short-barreled shotgun. It amends and expands the definition of “firearm” from state law to include “other weapons that can fire projectiles as explosives or can easily be converted into them.” The law came into force after 30 days on July 6. This likely affects a significant number of gun owners in the state, as the 590 Shockwave alone is very popular, as are similar firearms. American Rifleman called the Shockwave the most popular shotgun of 2020. Mossberg applauds the Ohio state legislature and is grateful that Ohio residents can now exercise their Second Amendment right and protect their homes and families with one of their favorite safety weapons. In addition to North Carolina, shockwaves are not legal in Iowa, Louisiana, Ohio, Oregon or Pennsylvania. Please note that this is not an exhaustive list and is not intended to imply that it is legal to sell in other states. Does anyone know if there is a state-to-state list of places where the Mossberg shockwave is legal and where it is not? I`m pretty sure it`s good to go here to Missouri (I`ve seen them advertised), but I wanted to know more about the other states before deciding to get one. In addition, there are preliminary indications that Mossberg Shockwave is also not legally allowed to be sold to consumers in California, Maryland, Massachusetts and New Jersey. Additional information on the legality of the Mossberg shockwave in these states will be released as soon as it is received. Information about the legality of the Mossberg shockwave in Illinois, New York and Texas has already been sent to the HelpDesk. In a letter to Mossberg, the ATF explains that this weapon does not require registration with the ATF under the NFA.
But they don`t explain what “this kind of gun” really is. The ATF only indicates that it is a firearm within the meaning of the Firearms Control Act. Some speculate that, since the ATF does not require registration, this item must be a gun. According to the federal definition, a pistol is “a weapon designed, manufactured and intended to fire a projectile (bullet) from one or more barrels when held in one hand and (a) has one or more chambers forming an integral part of the bore or is permanently aligned with the bore; and (b) a short shaft designed to be grasped with one hand and tilted relative to the line or below the line or bottom of the borehole. 27 CFR § 479.11. This verbose definition basically has two important aspects: designed to be pulled with one hand and a short tree designed to be grasped in one hand. Conclusion: The 590® Shockwave is therefore prohibited in New Jersey as a “destructive device” under N.J.S. 2C:39-3a. This law states: “Every person who knowingly possesses a destructive device is guilty of a third-degree felony.” He has a maximum state prison sentence of 5 years. You may not have noticed, but a few days ago, a new law went into effect in New York that, as far as is known, prohibits the sale and possession of non-NFA short-barreled shotguns like the Mossberg 590 Shockwave and any firearm classified as “Other” by the ATF. So there you have it.
The Mossberg Shockwave is a legal firearm in Texas. Note that modifying the Shockwave is not a good idea. When you buy the Shockwave, make sure you don`t saw the back and replace it with a shoulder rest. Such a change would make your Shockwave an NFA object. Without a tax stamp and proper documentation, possession of this altered shockwave would be illegal. Also note: If you`re looking for a 26-inch 12-gauge pistol and you`re not in Texas, check your state`s laws before buying one. Every state is different, and even in Texas, the shockwave wasn`t legal until the law was changed. Just because you find it for sale doesn`t mean it`s legal. Take the time to learn about the law! Described by Gov. Mike DeWine as a “Second Amendment confirmation,” Ohio HB228 has been signed into law in recent weeks. The bill amended the state`s definition of a sawed-off firearm to exclude any firearm with a total length of at least 26 inches that is not otherwise regulated by the state.
Q: Is a shockwave illegal in North Carolina right now? Even if you have an updated list where the Shockwave can`t be sold, it would also be a great help. Thank you for your help in this matter. When the Shockwave was first introduced, it appeared to be an illegal firearm under Texas law. Texas law defines a “shotgun” without requiring it to be designed to be pulled from the shoulder. Ironically, Mossberg is sending shockwaves through Texas. Needless to say, the citizens of this pro-gun state were not happy with this outcome. How could it be legal under federal law but illegal under Texas law? Because the Texas definition of a shotgun is broader, the shockwave was likely considered a short-barrelled firearm under state law. Section 46.05 of the Texas Penal Code criminalizes possession of an unregistered short-barrelled weapon.
This result was absurd, since Texas law required the registration of the Shockwave with the ATF, but the ATF did not require federal registration. The legislator corrected this curious result with H.B. 1819. It clarified the section of the Penal Code dealing with NFA elements by adding language that excludes articles that are not subject to registration with the ATF. Therefore, the Mossberg shockwave is exempt from Section 46.05 under the new Texas rules and is now legal in Texas. Since the ATF issued this ruling, gun owners can purchase the Shockwave and similar firearms through the same process as buying a long gun, even in states with strict gun laws — until that New York law goes into effect. According to already established state laws, a shotgun must have a barrel of at least 18 inches. And now, if it`s not a shotgun, pistol or rifle, residents can`t own it. In New York, it`s a 50/50 split between merchants who will order and sell the shockwave and those who refuse. This is mainly because the New York Penal Code is grossly ambiguous in most things and New York is full of fudds (so the smart button for AR doesn`t sell like crazy here). Traders who refuse to sell it rarely have the opportunity to argue why they won`t sell it, except to cover their own backends. That said, I don`t blame Bud`s for not shipping it to New York.
My favorite retailer won`t sell it either, but they respect your decision to go somewhere else to buy it, refreshing considering the arrogance of New Yorkers about their own opinions. UPDATE: Recently, an email was sent to the New Jersey FFL with a message from the “NJSP FIREARMS INVESTIGATION UNIT.” He said: ” Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14. The New Jersey State Police Firearms Investigation Unit agrees with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol-only handles firearms can be legally sold as firearms in the state of New Jersey. “I respectfully believe that the NJSP is wrong. See my article here. They also included prohibiting the sale of all semi-automatic rifles to anyone under the age of 21 by requiring a permit to purchase these firearms. The purchase of bulletproof vests is now also prohibited in New York by anyone who does not work “in an appropriate profession”. The state`s flag laws have also been strengthened with a law that expands the list of people who can apply for extreme risk protection orders. It also requires law enforcement agencies to file such orders in certain circumstances.