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Posted: 1/24/2017 9:58:08 PM EDT


590® Shockwave

This shotgun was introduced at Shot show this year and Classified as fully-compliant by the BATFE, this model requires no Tax Stamp for transfers. So at the federal level it's legal but how about in Texas?

Huge thread here in General Discussion: GD 14" Mossberg thread
Link Posted: 1/24/2017 10:30:48 PM EDT
[#1]
Good question...

I choose to punt by not buying one. (Well... not that this changed my mind)
Link Posted: 1/24/2017 10:34:35 PM EDT
[#2]
Short-barrel firearms are prohibited under Texas Penal Code which defines them as " a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches."

Texas doesn't have a definition of shotgun like the federal law does which is how the Mossberg skirts the federal shotgun definition. You'd think Texas would default to the federal definition making the Mossberg legal, but who knows. 
Link Posted: 1/25/2017 12:22:55 AM EDT
[#3]
Quoted:


This shotgun was introduced at Shot show this year.....  
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That's NOT a shotgun.
Link Posted: 1/25/2017 12:44:53 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

That's NOT a shotgun.
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Someone better tell their web team!

Shotguns
Link Posted: 1/25/2017 4:01:50 AM EDT
[#5]
Its not classified under NFA as a shotgun, as already pointed out.. OAL makes it an AOW "Firearm" .... Mossberg or anyone for that matter can call it whatever the hell they want.. classification and transfer are a whole other thing...

should be good to go in Texas with an OAL of 26" *edit* or is it good to go in Texas? I want one!!
Link Posted: 1/25/2017 8:39:48 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Its not classified under NFA as a shotgun, as already pointed out.. OAL makes it an AOW "Firearm" .... Mossberg or anyone for that matter can call it whatever the hell they want.. classification and transfer are a whole other thing...

should be good to go in Texas with an OAL of 26" *edit* or is it good to go in Texas? I want one!!
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Yep it is classified as a Firearm per the fed so I would guess that would be what it is classified everywhere.
Link Posted: 1/25/2017 9:03:31 PM EDT
[#7]
The AG needs or rule on it or you have 254 different counties making their own decision.
Link Posted: 1/25/2017 9:20:23 PM EDT
[#8]
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Quoted:
The AG needs or rule on it or you have 254 different counties making their own decision.
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Pretty much this. No one really knows for sure at this point. 
Link Posted: 1/26/2017 8:04:39 AM EDT
[#9]
I think I want one.
Link Posted: 1/26/2017 3:33:52 PM EDT
[#10]
it is 100% legal per the ATF.

i saw it at the Mossberg SHOT booth. The ATF employee who claimed to have written the opinion on it, who said he worked for the Tech Branch, said it was legal. He had a SHOT show name badge that had ATF on it and his name which I did not catch. He was standing next to me and I spoke to him about it.

It has a 14" barrel, and with the birds head grip is 26.5" long. That makes it a firearm but does not make it a shotgun. That makes it an "other" on the 4473, so I would suppose that means you must be at least 21 and an in-state resident.
Link Posted: 1/26/2017 4:58:11 PM EDT
[#11]
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Quoted:
it is 100% legal per the ATF.
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Yes it can be legally owned under both Federal and Texas law.  The question in this thread is how is it legal in Texas, as a regular Title 1 firearm or as an SBS.
Link Posted: 1/26/2017 9:15:53 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
it is 100% legal per the ATF.

i saw it at the Mossberg SHOT booth. The ATF employee who claimed to have written the opinion on it, who said he worked for the Tech Branch, said it was legal. He had a SHOT show name badge that had ATF on it and his name which I did not catch. He was standing next to me and I spoke to him about it.

It has a 14" barrel, and with the birds head grip is 26.5" long. That makes it a firearm but does not make it a shotgun. That makes it an "other" on the 4473, so I would suppose that means you must be at least 21 and an in-state resident.
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Legal under federal law which does not define it as a shotgun. Texas does not have a definition for shotgun, so it's up to the courts to decide. They may apply the federal definition, but they're not obligated to. 
Link Posted: 1/26/2017 10:35:54 PM EDT
[#13]
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Quoted:

Texas does not have a definition for shotgun, so it's up to the courts to decide. They may apply the federal definition, but they're not obligated to. 
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Where's @MateFrio when you need him...
Link Posted: 1/27/2017 1:46:32 AM EDT
[#14]
I wondered the same thing as soon as I saw it. I'm in for one assuming there's no hang up with our laws.
Link Posted: 1/28/2017 9:05:06 PM EDT
[#15]
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Quoted:



Where's @MateFrio when you need him...
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Currently in Missouri.  

@SCTexas is the guy to figure this out.
Link Posted: 1/30/2017 9:12:14 AM EDT
[#16]
Is there a single Texas state firearm law that is currently in conflict with a federal firearm law? I am not aware of one.

There is no current state law regarding this type of firearm, nor is there currently one in the works to my knowledge, and the legislature is currently in session.
Link Posted: 1/30/2017 10:46:07 AM EDT
[#17]
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Quoted:
Is there a single Texas state firearm law that is currently in conflict with a federal firearm law? I am not aware of one.
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Two shot burst is NOT a machine gun under Texas Law.
Link Posted: 1/30/2017 10:49:23 AM EDT
[#18]
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Quoted:


Two shot burst is NOT a machine gun under Texas Law.
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Can we get the Russian AN-94? it has 2 round Burst.

Link Posted: 1/30/2017 10:55:01 AM EDT
[#19]
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Quoted:


Two shot burst is NOT a machine gun under Texas Law.
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intersting.....
Link Posted: 1/30/2017 11:52:18 AM EDT
[#20]
Can a "firearm" have a stock?

Nvm, answer was in the video.

Attachment Attached File
Link Posted: 1/30/2017 10:57:48 PM EDT
[#21]
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Quoted:

There is no current state law regarding this type of firearm, nor is there currently one in the works to my knowledge, and the legislature is currently in session.
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Sure there is, it's a shotgun. At least until there is a law similar to the federal definition.
Link Posted: 1/31/2017 10:13:38 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Sure there is, it's a shotgun. At least until there is a law similar to the federal definition.
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View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

There is no current state law regarding this type of firearm, nor is there currently one in the works to my knowledge, and the legislature is currently in session.
Sure there is, it's a shotgun. At least until there is a law similar to the federal definition.

That's the issue. Without a state legal definition saying otherwise, I think anyone (judge or jury) would look at that Mossberg and call it a shotgun. 
Link Posted: 2/1/2017 2:15:27 AM EDT
[#23]
All this talk about 14" barreled firearm/shotgun caused me to research an SBS over the last few days. As fate would have it, I went into Trinity today they had some mossberg 500 police trade-in SBSs so I bought one.

Now I have to start the process of a post 41P trust transfer.
Link Posted: 2/1/2017 11:57:13 PM EDT
[#24]
Guy was selling one at Market Hall show few weeks ago,
said gun comes with a letter from ATF stating it's not NFA and legal to own.

Cool looking, but I didn't see letter
Link Posted: 2/6/2017 1:31:04 AM EDT
[#25]
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Quoted:
The AG needs or rule on it or you have 254 different counties making their own decision.
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Anyone want to donate to a fund for me to buy one, then go to a Fudd range to use it and get sued so we can get this ball rolling? I got nothing better to do.

Link Posted: 2/6/2017 8:28:16 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Anyone want to donate to a fund for me to buy one, then go to a Fudd range to use it and get sued so we can get this ball rolling? I got nothing better to do.

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Will a pistol grip bolt on to that thing?
If so, would the purchase of a "tax stamp" make it legal?
I am not an NFA kind of shooter....
Link Posted: 2/6/2017 12:12:06 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Will a pistol grip bolt on to that thing?
If so, would the purchase of a "tax stamp" make it legal?
I am not an NFA kind of shooter....
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I'm not sure if a pistol grip will bolt on but I assume it will.
Making it into a short barreled shotgun via a Form 1 is perfectly legal in Texas and one could attach a pistol grip or stock if they so desired.
Link Posted: 2/15/2017 12:31:15 PM EDT
[#28]
Link Posted: 2/15/2017 7:37:15 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I'm not sure if a pistol grip will bolt on but I assume it will.
Making it into a short barreled shotgun via a Form 1 is perfectly legal in Texas and one could attach a pistol grip or stock if they so desired.
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There was a thread on this in GD which showed another model Mossberg made that had a front vertical grip.  I'm not familiar with all the NFA stuff, but people there were saying it could be purchased with like a $5 stamp from ATF due to how it was classified?
Link Posted: 2/15/2017 8:01:05 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


There was a thread on this in GD which showed another model Mossberg made that had a front vertical grip.  I'm not familiar with all the NFA stuff, but people there were saying it could be purchased with like a $5 stamp from ATF due to how it was classified?
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AOW is $5 xfer fee.
Link Posted: 2/15/2017 9:29:24 PM EDT
[#31]
Just so you know that $5 stamp is only available to people with the correct license to manufacture class 3 weapons. So if you want to make your own AOW you need to pay the 200 SBS tax stamp or pay a SOT to make it for you and I am fairly sure that will be more than the 200 SBS stamp


Discussion ForumsJump to Quoted PostQuote History
Quoted:


There was a thread on this in GD which showed another model Mossberg made that had a front vertical grip.  I'm not familiar with all the NFA stuff, but people there were saying it could be purchased with like a $5 stamp from ATF due to how it was classified?
View Quote
Link Posted: 2/15/2017 9:58:34 PM EDT
[#32]
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Quoted:
Just so you know that $5 stamp is only available to people with the correct license to manufacture class 3 weapons. So if you want to make your own AOW you need to pay the 200 SBS tax stamp or pay a SOT to make it for you and I am fairly sure that will be more than the 200 SBS stamp  
View Quote

Incorrect. The $5 AOW tax stamp is available to ANYONE who fills out a Form 4 for transfer. 07FFL/SOT's don't pay any tax on NFA firearms they manufacture. Their tax is paid yearly (Special Occupational Tax)
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