The 590 Shockwave; where is it legal to own?

Discussion in 'Mossberg 590 Pump Action' started by Rossignol, May 19, 2017.

  1. Rossignol

    Rossignol The Original Sheriff Staff Member Global Moderator Sponsor Forum Moderator

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    Im not buying one anytime soon but I've been told by a friend in Texas who was looking to buy that the online sites say they won't ship to Texas or Ohio and several other states.

    What I'd like to do here, with some audience participation, is fill in the blanks to help answer "is it legal for me to own in my state?"

    I know several of you have already purchased or ordered one. I looked online to see if I'm able to purchase or own one here but it's the internet. It's just people talking and sometimes they really don't know. I even looked at ohios statutes. You wanna know how that worked out? I'm a welder. I'm really good at welding. I'm not a lawyer.

    So I called my local sheriffs department. No answer and left a message. I called my states attorney general. One of the first things they say is that anything they say should not be considered legal advice. Ok so just tell me the law. The fact is, they don't know. The highest law enforcement branch within the state does not know. They said call the ATF. But I already know what the ATF says. So then they said to call the companies and ask why they won't ship them here. Ok, I'll try that.

    As soon as I know, I'll post it here.

    If anyone else wants to add their state and the status of being able to purchase or own, please be my guest.
    Last edited: May 20, 2017
  2. poppy

    poppy Copper BB

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    I was told the Shockwave was legal and being sold in Indiana. Reference IC 35-47-1-6.
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  3. Rampo

    Rampo Copper BB

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    Legal in South Carolina.
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  4. carbinemike

    carbinemike Forum Moderator Staff Member Forum Moderator "Philanthropist"

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    99% sure it's ok in PA.
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  5. Pawpaw

    Pawpaw 20g Supporter

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    Texas law does not have a definition which would apply or exclude the shockwave. That has led to some "chicken littles" fearing arrest for owning or selling one.

    A bill currently is going through the Senate to allow suppressors if the Hearing Protection Act becomes federal law. Last night, an amendment was accepted in the Texas senate that would allow pretty much any firearm that is not NFA. The red text below is last night's amendment to House Bill 1819.

    "SECTION 1. Sections 46.05(a) and (e), Penal Code, are amended to read as follows:

    (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

    (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice.

    (A) an explosive weapon;
    (B) a machine gun; or
    (C) a short-barrel firearm;"
    Last edited: May 20, 2017
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  6. John A.

    John A. I'm "THAT" guy Staff Member Global Moderator Forum Moderator

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    So, would that bill outlaw NFA if passed? I always thought NFA was OK to own in Texas?
  7. John A.

    John A. I'm "THAT" guy Staff Member Global Moderator Forum Moderator

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    Nevermind, I'm sorry. Now I see the key word: UNLESS it is registered by the NFA.

    Gotcha.
  8. Jmm14534

    Jmm14534 .410

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    I'm afraid to ask in NY state. It may get me put on a watch list!!!!!!
    Last edited: May 20, 2017
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  9. 590guy

    590guy .223 Supporter

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    Legal shortest barrel length is 18"


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  10. Rossignol

    Rossignol The Original Sheriff Staff Member Global Moderator Sponsor Forum Moderator

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    That's for NY? Despite being classified differently?
  11. 590guy

    590guy .223 Supporter

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    Yeah sorry rossignol that's for NY. I can't imagine a different classification would matter to the anti-gun liberals in the state government


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  12. MrNrdy

    MrNrdy Copper BB

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    AZ..... We do what we want here! All legal as we cannot by law have anything more restricted than federal law.


    "The more things are forbidden, the more popular they become." ~ Mark Twain
  13. MrNrdy

    MrNrdy Copper BB

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    That is for a shotgun correct? Because the Shockwave is not a shotgun... It is a "firearm" that is it's legal classification.


    "The more things are forbidden, the more popular they become." ~ Mark Twain
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  14. Scoop

    Scoop 20g

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    McNrdy, your points are well taken, but there are so many opinions and various interpretations of the legal definitions and classifications of weapons [NFAspeakingwise] that extreme care is involved in making steps into the dark corners of weapons ownership. This quagmire extends back at least to 1939 when SCOTUS decided US v. Miller [ https://supreme.justia.com/cases/federal/us/307/174/case.html ].

    The OP by @Rossignol demonstrates a cautious, but sometimes unfruitful, way of approaching the question. Direct communication w/ law enforcement and legal departments may be of some help. An attorney that is familiar w/ the field should be involved. It would be nice to have a letter, to be preserved forever, citing their position and interpretations that address your situation. Even with that some sleazy state governor or AG can change the law overnight to completely reverse your status. [see 2000 California handling of the SKS Sporter at http://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=195 ]

    ...
    I'm sorry. I started a rant here that probably belongs someplace else, but I URGE CAUTION under uncertainty. The stakes for your personal freedom are huge.

    -- I am not a lawyer. Following my advice without consulting an expert qualified and trained in the field may result in expensive fines or uncomfortable incarceration.
  15. Hossman

    Hossman Copper BB

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    Texas law will be clarified this September 1st, when HB 1819 goes into effect and they will clearly be allowed in Texas. Wednesday, May 17th, the Texas House Passed HB 1819, authored by Rep. Drew Springer (R-Muenster) with senate sponsor, Sen. Charles Perry (R-Lubbock) plus an amendment by Sen. Craig Estes (R-Wichita Falls).
    The addition of the senate amendment caused HB1819 to be returned to the House for concurrence and HB 1819 with the amendment was accepted! The amendment will allow Texans to purchase this defensive shotgun.
    Texas HB 1819 was already proposed as a good change to further clairfy the use of suppressors in our State. However when the "gray" area came up with Shockwaves and TAC-14 "firearms" with 14" barrels, we were lucky that our Legislature was in session (in Texas they only meet each 2 years).
    Our good friends at the Texas State Rilfe association worked with Senator Craig Estes to ammend the bill to read: "unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirementor unless the item is classified as a curio or relic by the United States Department of Justice..." So in short, if the BATFE says it doesn't need NFA restrictions, Texas will now say it doesn't need restrictions.
    So finally in Texas too, it will be just another Title I "firearm" only needing a 4473. The good Governor is expected to sign it, without issue and it will go into effect (with other new Texas laws) on 1 September 2017. So, a few more months wait, but it should be a good Holiday sales boost for Texas LGS and owners! Detail about the bill can be found here (only facts, no fiction):
    http://www.capitol.state.tx.us/BillLookup/BillStages.aspx?LegSess=85R&Bill=HB1819
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  16. Bobster

    Bobster .308 Supporter

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    1,325
    Current FL Law--I would refer you to paragraph (3). Translation: "ok with ATF, ok with us"... :)

    flsblaw.JPG
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  17. MrNrdy

    MrNrdy Copper BB

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    Agreed it can be argued. However NFA is not an issue here as the BATFE has already made the classification of the Shockwave. Now States can indeed place restrictions on types of firearms, as this is now case law. So the question is what does that state rule apply too. If it applies to rifles and shotguns only, than the argument can be made this item does not qualify.as it is not listed in that rule. Law can be dumb sometimes when you throw common sense out the window..


    "The more things are forbidden, the more popular they become." ~ Mark Twain
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  18. Jmm14534

    Jmm14534 .410

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    Sad part is the bad guys will have it regardless of the state they live in!
  19. MrNrdy

    MrNrdy Copper BB

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    4
    [​IMG]


    "The more things are forbidden, the more popular they become." ~ Mark Twain
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  20. 590guy

    590guy .223 Supporter

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    225
    So after rossignol posted a comment about the shockwave being classified as a firearm and not a SG, I called a couple different local FFLs here. It is legal to buy and sell in NY. It meets an overall length so now I have to seriously consider getting one.


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