I desperately want to buy a Mossberg 590 Shockwave.  DESPERATELY lol.  But my LGS can't tell me if they are legal to own in Texas.  He also doesn't know who I can ask.  He's just going by what his suppliers tell him.  
Is there anyone I can ask to get a definitive answer?  DPS?  

"The key to the design is the overall length of more than 26 inches, that (despite the 14-inch barrel) makes it a regular firearm not requiring a tax stamp. "

It's not defined as a shotgun under Federal law. Because of a hilarious quirk in wording, the fact that it isn't designed to be fired from the shoulder (and importantly, never had a shoulder stock to begin with), means it's a firearm. 

Problem is, no such quirk seems to exist in Texas Law. Texas law defines it as a short barreled firearm (there is no requirement that it was ever made to be shoulder fired) and as such, the barrel is too short. 

Detailed explanation here: http://blog.uslawshield.com/a-long-discussion-on-short-barreled-shotguns/

Well, that sucks.

No shotgun in Texas may have a barrel less than 16 inches (nfa items not included). The trouble is that the local lawman who sees you with is going to see it as a shotgun despite what batfe says.

but it is not a shotgun.....it is a....GASP.....firearm

https://www.mossberg.com/category/series/590-shockwave/


Classification of the 590 Shockwave
The Bureau of Alcohol, Tobacco, Firearms & Explosives has confirmed the 590 Shockwave as a “firearm” per the Gun Control Act (GCA), but not a Class 3/NFA firearm.  Click here to read a copy of the letter from the BATFE regarding federal classification of the Shockwave, dated 3/2/2017).    NOTE: This letter only speaks to its FEDERAL status. There could be local/state laws that prohibit the sale of this gun in your state. Consult your State Police for clarification.  Just as with any other pistol grip firearm, the buyer must be 21 years of age, and be a resident of the state where s/he is purchasing it.

Sec. 46.01.  DEFINITIONS.  In this chapter:
(10)  "Short-barrel firearm" means 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.


I could have sworn there was some sort of state case law that covered this somewhere but I can't find it.

The Texas statute does not get as specific as the federal counterpart. But if you read the definitions in Chapter 46, it seems to be a gray area or maybe okay or maybe not. By the definition it appears to possibly not  be a SBF by state law. Here is the definition and corresponding statute for the potential offense.:

(10) "Short-barrel firearm" means 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.

The statute it would fall under:
Sec. 46.05.  PROHIBITED WEAPONS.  (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 classified as a curio or relic by the United States Department of Justice:
(A)  an explosive weapon;
(B)  a machine gun;
(C)  a short-barrel firearm; or
(D)  a firearm silencer;
(2)  knuckles;
(3)  armor-piercing ammunition;
(4)  a chemical dispensing device;
(5)  a zip gun; or
(6)  a tire deflation device.
(b)  It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 69 , Sec. 2, eff. September 1, 2015.
(d)  It is an affirmative defense to prosecution under this section that the actor's conduct:
(1)  was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio;
(2)  was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3)  was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e)  An offense under Subsection (a)(1), (3), (4), or (5) is a felony of the third degree.  An offense under Subsection (a)(6) is a state jail felony.  An offense under Subsection (a)(2) is a Class A misdemeanor.
(f)  It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:
(1)  provided by the Texas Commission on Law Enforcement; or
(2)  approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.
(g)  In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Yeah its a "SBF" Under prohibited weapons.  but I Thought someone took it to appeal and won.  But maybe I'm thinking about those weird zip guns

I want one too OP but I don't want to take the risk I don't need it I have a way better shotgun but it would be a cool range toy.


http://blog.uslawshield.com/a-long-discussion-on-short-barreled-shotguns/

One of those..."you'll probably beat the rap but not the ride"!

Kinda like an AR pistol, the ATF gives and the ATF takes away on a whim.  A change in leadership, a change in administrations, or a change in the wind and you may end up with a very expensive problem on your hands.

...mm probably not because it seems to me to fit the definition of what Texas calls a SBF.

Texas has SO much work to do on gun law its really annoying.

...

Which agency determines firearm legality in Texas?

A jury of your peers. Since Texas does not define shotgun, do you think a jury will look at the Mossberg Shockwave and believe that it's not a shotgun and therefore inapplicable to the Texas SBF law?

Sure, a defense attorney could point to the federal definition, but the jury doesn't have to follow it since it only applies to federal law.

This has nothing to do with the ATF or federal law

The Texas Attorney General can also issue an opinion. They do that fairly often because our state legislature is chock full of idiots.
Who can request an AG Opinion

That sounds like what we need. So who's writing the letter?

Really?
Explain how.
Our crackerjack state legislature didn't bother actually defining any of those "Prohibited Weapons". A "short barreled firearm" under Texas law has what length barrel?
16"?
18"?
20"?

How about OAL?
Is it the same for rifles and shotguns?

Read that link. Only certain officials can request an opinion.

Um, they defined every prohibited weapon.  See penal code 46.01.  

To specifically answer your question about short barreled firearms;

I sent Ken Paxton an email on his contact sheet.  Not really expecting an answer, but .....

I would not want to be the one in the hot seat...the state has much deeper pockets!  I will stick to the AOW I have pending.

Wrong. They think they defined prohibited weapon, but failed miserably.
There is no definition of "rifle" nor is there a definition of "shotgun"........which makes 46.01 ambiguous at best.

Correct, which leaves you with Judge issuing instructions to a jury on what a "shotgun" is and is not. If the Judge decides to use the Federal definition or to rely on the ATF guidance on this issue then the defendant will likely prevail but if the Judge relies on the dictionary definition then it would probably go the other way:

shot·gun
'SHät?g?n/
noun

   1. a smoothbore gun for firing small shot at short range.

My opinion is that, absent some guidance from the local DA or the AG's office, most cops who find someone in possession of the Mossberg Shockwave are going to arrest that person for possession of a prohibited weapon.

Spend the $200 and register a SBS and not fret any longer...

AOW is $5.00

Yeah buddy, they are defined.  If you understand the construction of the code you will understand that if a term is not defined in the code, then you use the common usage of the word, as in its common definition.  

Merriam Webster;

1 shotgun
noun  shot·gun \'shät-?g?n






Definition of shotgun
1
:  a smoothbore shoulder weapon for firing shot at short ranges

That is what Texas will use as a definition of shotgun.



Good grief man, in the definition of "club" they use the word "instrument" but they don't define it.  Do you think that means that there is no definition of club either?

$5.00 to transfer an AOW
Still $200 to make an AOW.
As the Mossberg Shockwave is not an NFA firearm under Federal law it isn't transferred as such.

I know that....but the problem is there is little commonality in what is or is not a shotgun. Even here on ARFcom where the overwhelming majority are "gun guys".......few understand why the Mossberg Shockwave is not a shotgun under Federal law but just a "Firearm".

You give the Merriam Webster definition of "Shotgun" above, but do you think that would convince a jury?
Does the State of Texas specify the Merriam Webster dictionary?
 

Dictionary.com definition of "Shotgun":
1. a smoothbore gun for firing small shots to kill birds and small quadrupeds, though often used with buckshot to kill larger animals.

Oxford:
1 A smooth-bore gun for firing small shot at short range.

Note that neither mentions firing from the shoulder.

So.......how does that common definition go again?

You are correct however I was implying that I would rather purchase/transfer a $5 AOW vs. buying a Shockwave.  No mention of building anything. Thanks for your input anyway!  

Serbu

I think that definition along with the Shockwave looking exactly like every shotgun that every juror has grown up seeing on TV is absolutely enough to convince a jury.

Show the Shockwave to 100 random people and ask them if it's a shotgun. How many do you think will say no? Is it really worth gambling your freedom?

Forget asking 100 random people, ask 100 Arfcommers and the majority would say its a shotgun.

Agreed. Which is why I wouldn't want to be the test case in Texas.

but your attorney will be showing them the ATF determination of what kind of weapon it is. Again its a gamble but who is the jury going to believe the ATF or Websters ?

Which the jury can completely ignore because it has no legal bearing on Texas law. Do you really want to be the one betting your freedom on which definition a jury decides to use?

Has anyone seen these for sale in Texas yet? Academy or local gun shop? Are online dealers willing to ship it here?

I want to say I saw one at the Lewisville gun show a few weeks ago. It had a few "Can only transfer to 21 and over only" stickers on the box. No idea which vendor it was.

No he wouldn't as ATF opinion is not relevant to state law.

so ridiculous we even have to have this conversation. Come on Texas!

Guy at market hall had one and said he had letter stating it's not an nfA item. I didn't see letter
and did not argue with him.

Looks cool though, but 200 is cheaper than a lawyer,lol

Trust me, I am right there with you on this one.

Your attorney might not even be allowed to show the jury that ATF determination if the presiding Judge rules against allowing it in as testimony. The prosecution will argue, rightfully, that the ATF letter has no bearing on Texas law and should not be allowed to be presented in court.

As others have said, it's better not to be the test case.

Fuck it, I bought one and picked it up yesterday.
Local Sherrif said the ATF letter was good enough for him.  (He came with me to the gunstore.  I live in a small county)

$427 out the door.

thank the Yankee carpet baggers that keep ending up in State government
...

1.The local cops are not going to care unless you are carrying the damn thing into a liquor store.

2. Federal law will not apply in a Texas court and will never even be brought up as long as the judge isn't asleep.

3. Prohibited weapons are defined in Texas law.



5.  $427?? For a Mossberg? [%|