Just found out my Shockwave is illegal in Ohio, now what? - Page 2

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[ARCHIVED THREAD] - Just found out my Shockwave is illegal in Ohio, now what? (Page 2 of 2)

Posted: 5/24/2017 8:28:50 PM EDT

[#1]

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Quoted:
It will still be an other with an 18" barrel on it. Pistol grip only shotguns sold as others long before the shockwave was an idea kicked around on the internet. It won''t become a shotgun unless he puts a stock on it.

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Federally, yes. Ohio seems less clear.

Posted: 5/24/2017 9:10:03 PM EDT

[#2]

does Vance's or FFF have it in stock?

Posted: 5/24/2017 9:17:34 PM EDT

[#3]

Vance's has Mossbergs showing... but not the Shockwave.

FFF's search function is too sucky.

Posted: 5/24/2017 9:18:28 PM EDT

[#4]

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Quoted:

Will Not Comply.

Fuck 'em.

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Fuck it. I had AK drums, and a Beta-C back when anything over 30 rounds somehow magically turned your firearm into a "machinegun," according to the ORC.

My Golani Sporter could've gotten me a visit from the Killdozer.

Posted: 5/24/2017 9:44:41 PM EDT

[#5]

What you could do is sell it some a guy in KY who would sign a bill of sale with a contingency that if it does become legal in OH you can purchase it back at the same price. That way it is out of you name but you can get it back later if you want. I seem to know a guy in KY that might be willing to do this ...

Posted: 5/24/2017 9:48:09 PM EDT

[#6]

Posted: 5/24/2017 10:14:35 PM EDT

[#7]

As to a definition of shotgun, that is omitted from the revised code. Similarly omitted is the definition of a rifle.

However, Ohio Courts routinely turn to common use definitions and use those when a statutory definition is lacking. For instance, the U.S. Code definition of shotgun everyone points to in order to argue it isn't a shotgun would be given great weight. The Ohio Supreme Court has certainly upheld the convictions.

The law will not be interpreted into an absurd result. The common use of shotgun in Ohio is a smooth bore (probably of less than 60 caliber) without regard to shoulder firing or overall length.

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Yes, the U.S. Code definition of a shotgun will probably be given great weight, as well as the definitions found in almost any dictionary.

The only thing being interpreted in to an absurd result is this author's definition of a shotgun.
"Probably"???
Since when does the law operate on probably, especially when the term is well defined in other Official sources?
".60 caliber"???
Does the learned author realize that a
10-gauge shotgun is .790
12-gauge shotgun is .748
16-gauge shotgun is .683
20-gauge shotgun is .628 caliber?

Gauges don't drop below .60 until you go past the 23-gauge at .601 caliber.

The crucial question is, what was it listed on the 4473 as? Handgun, Long gun or Other?

I'm wondering how any solicitor in Ohio is going to ask for a conviction based upon something that's not defined in the Ohio Revised Code and in the only official source where it IS defined it's not what the author thinks it is.

Posted: 5/24/2017 10:18:09 PM EDT

[#8]

Drill 3rd hole, killdozer.

/thread

Posted: 5/24/2017 10:26:13 PM EDT

[#9]

Now, "hypothetically" IF a shop transferred a brand-spankin' new Mossberg Shockwave to a purchaser and it somehow met the definition of a 'short barreled shotgun' then SOMEONE is in a whole messa trouble for transferring an NFA-regulated item without bothering with getting one of those troublesome 'tax stamps' from da gubberment.

What do you think the chances are that an FFL transferred an NFA regulated item to someone without bothering with a tax stamp?

Posted: 5/24/2017 11:21:36 PM EDT

[#10]

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Quoted:
Don't put another barrel on it, then it's a shotgun...

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it only becomes a shotgun if OP adds a stock. barrel can be 20 feet long if desired. Federally, shotgun="designed to be fired from the shoulder"

ETA-OP, what's Ohio's law on SBS? The actual text?

Reason I ask is IA now says a person who has a SBS IN VIOLATION OF FEDERAL LAW commits a felony. IA doesn't define "shotgun" either. But if they(the state) consider it a SBS, and I have one, I am not in violation of federal law. If Ohio says similar, even though I'm no lawyer I'd say you should be fine. As far as the state's actual opinion on that particular firearm, I've been contacting state law enforcement since before the Shockwave came out(when people were building them on their own) and nobody wants to give an answer. It's going to take someone doing something stupid and becoming a test case to get an actual, clearly worded opinion.

Posted: 5/24/2017 11:25:08 PM EDT

[#11]

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Quoted:
Learn to keep you loud mouth shut, your life off facebook, and your drama levels in check.

No one needs to know shit.

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Posted: 5/24/2017 11:25:46 PM EDT

[#12]

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Quoted:
ATF enforces Federal law not State law.

Worst case: store it out of State until the situation is clearer.

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ATF is vague on what they enforce . The ATF originally claimed Waco was about child abuse ,.

Posted: 5/25/2017 1:15:05 AM EDT

[#13]

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Quoted:
I might possibly be a peace officer in Ohio who couldn't think of a reason any peace officer in Ohio would care.

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Exactly

Posted: 5/25/2017 1:19:17 AM EDT

[#14]

hackingopsaddress.exe

Posted: 5/25/2017 4:37:02 AM EDT

[#15]

Folks,

Hold on to your Shockwave, I have been working on legislation to change Ohio law to allow possession of the Shockwave. Part of the purpose of my "memo" related to Shockwave was to give the Ohio Legislature something to refer to in Committee to change current Ohio law. If anyone has any questions ARFCOM Members are always welcome to call me on my cell 513-484-0142.

Posted: 5/25/2017 4:39:45 AM EDT

[#16]

Call me if you have questions or want to chat. 513-484-0142.

Sean

Posted: 5/25/2017 5:40:20 AM EDT

[#17]

Better do something... or else you know what happens..

Posted: 5/25/2017 6:19:44 AM EDT

[#18]

Help a Buckeye out. Without all the lawyerese jibber jabber, why is this illegal in Ohio?

Off to Rural King to get some chicken feed for neighbor...

Posted: 5/25/2017 6:20:06 AM EDT

[#19]

OP, this is big. But I don't think you've told enough people yet.

YOu should probably put an ad in the local paper as well. See what people say.

Posted: 5/25/2017 12:00:34 PM EDT

[#20]

Quote History

Quoted:
Folks,

Hold on to your Shockwave, I have been working on legislation to change Ohio law to allow possession of the Shockwave. Part of the purpose of my "memo" related to Shockwave was to give the Ohio Legislature something to refer to in Committee to change current Ohio law. If anyone has any questions ARFCOM Members are always welcome to call me on my cell 513-484-0142.

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Well it doesn't get any more direct than that. Thanks for the update!

Posted: 5/25/2017 12:10:15 PM EDT

[#21]

There was a terrible boating accident and boat sank. I was lucky and made it back to shore, only to find a forest fire burned thorugh camp. Everything was lost.

Posted: 5/25/2017 12:12:48 PM EDT

[#22]

Quote History

Quoted:
Help a Buckeye out. Without all the lawyerese jibber jabber, why is this illegal in Ohio?

Off to Rural King to get some chicken feed for neighbor...

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barrel length

Posted: 5/25/2017 1:52:25 PM EDT

[#23]

Quote History

Quoted:
Folks,

Hold on to your Shockwave, I have been working on legislation to change Ohio law to allow possession of the Shockwave. Part of the purpose of my "memo" related to Shockwave was to give the Ohio Legislature something to refer to in Committee to change current Ohio law. If anyone has any questions ARFCOM Members are always welcome to call me on my cell 513-484-0142.

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Posted: 5/25/2017 1:59:31 PM EDT

[#24]

Quoted:
So "hypothetically"

I bought a Mossberg 590 shockwave a few weeks ago from the local Rural King. We all know these are legal at the Federal level, but according to the article below they are not legal in Ohio. So now what? I could put a longer barrel on it but that defeats the whole purpose. I have pictures all over Face book of me and the family shooting this thing, pus the 4473 that says I bought one.

It is disassembled right now in an attempt to keep the ATF from shooting my dog, but there is easily a paper trail saying I owned this thing in its original configuration. Would Rural King want to buy this back? They most likely have no clue Ohio law bans it.

I know we joke all the time about things ike this, but is it lawyer time? (For legal advice, not to sue anyone.)

https://www.buckeyefirearms.org/mossberg-590-shockwave-legal-ohio

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Posted: 5/25/2017 2:33:47 PM EDT

[#25]

who cares.

I assume you have never driven over 65 on a highway.

Posted: 5/25/2017 3:49:26 PM EDT

[#26]

Quote History

Quoted:
I might possibly be a peace officer in Ohio who couldn't think of a reason any peace officer in Ohio would care.

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You know as well as I do that we have certain Hall Monitor types who would pick up the ball and run with this. They usually drive silver Chargers with flying tires in their logo. Rumor has it they have their sense of humor surgically removed their first day in the academy.