Mossberg Shockwave Legal in Texas on Sep 1

Bartholomew Roberts · July 14, 2017, 02:43 PM

Apparently, an oddity in the language of Texas's state firearms laws has been clarified so that the Mossberg Shockwave will be legal in Texas. Which since Mossberg has a place in Eagle Pass, will be nice for Mossberg.

And the bill was supported by Rep. Poncho Nevarez, who took a break from his usual shtick of opposing TSRA to work with them. The latest TSRA Sportsman has the details.

FITASC · July 14, 2017, 03:24 PM

Why was it not legal beforehand?

Bartholomew Roberts · July 14, 2017, 07:33 PM

Under state law, shotguns can not have a barrel shorter than 18". Handguns can; but the definition of handgun was kind of murky and left you at the mercy of the jury as to whether they decided a Shockwave was one or the other.

dogtown tom · July 15, 2017, 01:03 AM

Quote:

Bartholomew Roberts Apparently, an oddity in the language of Texas's state firearms laws has been clarified so that the Mossberg Shockwave will be legal in Texas.

It wasn't necessarily illegal before.

Quote:

Under state law, shotguns can not have a barrel shorter than 18". Handguns can; but the definition of handgun was kind of murky and left you at the mercy of the jury as to whether they decided a Shockwave was one or the other.

The problem with Texas law vs the Shockwave is that Texas law doesn't define "shotgun", while federal law does. This meant it might be a jury that would decide whether its a shotgun.

Federal law prohibits a handgun with a smooth bore unless you hold a tax stamp.

Under Federal law the Shockwave is not a handgun, not a shotgun, not an AOW, not an SBR......just a firearm.

DukeConnor · July 15, 2017, 05:46 AM

When I transferred mine (in PA) it was listed as a firearm. I have a LTCF (license to carry firearms). So technically I can carry it concealed or have it loaded in my truck.

I really don't want to be the test case for it. I just use it for a range toy.

Bartholomew Roberts · July 15, 2017, 08:34 AM

The problem strictly speaking is shotgun isn't defined and handgun is defined as "any firearm that is designed, made, or adapted to be fired with one hand." You can certainly see the argument that the Shockwave is a shotgun and therefore must have an 18" barrel.

And I've no doubt the argument would be made in some cities.

July 14, 2017, 02:43 PM	#1
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Mossberg Shockwave Legal in Texas on Sep 1 Apparently, an oddity in the language of Texas's state firearms laws has been clarified so that the Mossberg Shockwave will be legal in Texas. Which since Mossberg has a place in Eagle Pass, will be nice for Mossberg. And the bill was supported by Rep. Poncho Nevarez, who took a break from his usual shtick of opposing TSRA to work with them. The latest TSRA Sportsman has the details.

July 14, 2017, 03:24 PM	#2
FITASC Senior Member Join Date: December 6, 2014 Posts: 6,446	Why was it not legal beforehand? __________________ "I believe that people have a right to decide their own destinies; people own themselves. I also believe that, in a democracy, government exists because (and only so long as) individual citizens give it a 'temporary license to exist'—in exchange for a promise that it will behave itself. In a democracy, you own the government—it doesn't own you."- Frank Zappa

July 14, 2017, 07:33 PM	#3
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Under state law, shotguns can not have a barrel shorter than 18". Handguns can; but the definition of handgun was kind of murky and left you at the mercy of the jury as to whether they decided a Shockwave was one or the other.

July 15, 2017, 05:46 AM	#5
DukeConnor Senior Member Join Date: May 6, 2016 Posts: 224	When I transferred mine (in PA) it was listed as a firearm. I have a LTCF (license to carry firearms). So technically I can carry it concealed or have it loaded in my truck. I really don't want to be the test case for it. I just use it for a range toy.

July 15, 2017, 08:34 AM	#6
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	The problem strictly speaking is shotgun isn't defined and handgun is defined as "any firearm that is designed, made, or adapted to be fired with one hand." You can certainly see the argument that the Shockwave is a shotgun and therefore must have an 18" barrel. And I've no doubt the argument would be made in some cities.