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Posted: 7/4/2017 10:13:53 PM EDT
| I came very close to buying one of these a month or so back but decided not to due to what GA statue states and the possibility of dealing with the federal VS state BS. Has anyone ran into an issue owning one or a Tac yet? Id be buying one for the range mostly but it would be a HD gun as well. |
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Quoted:
Which Georgia statute are you referring to and why do you think it makes a Shockwave or Tac-14 illegal in Georgia? |
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I think you mean on Georgia Packing. That was my thread. The statutes involved are:
OCGA 16-11-121(5) "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches. "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun whether by alteration, modification, or otherwise having one or more barrels less than 18 inches in length or if such weapon as modified has an overall length of less than 26 inches. "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; and designed or redesigned, and made or remade, to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. |
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The key to the definition is that the ATF defines a shotgun-shell-shooting weapon (i.e. a shotgun) that has only ever had a pistol grip installed as a firearm.
IOW, it isn't a shotgun to begin with, so all of your "sawed off" and "short barreled" shotgun and shoulder or not fired definitions do not apply...it's a firearm with a 14" barrel and an AOL >26" (so as not be be classified as an AOW). |
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Quoted:
The key to the definition is that the ATF defines a shotgun-shell-shooting weapon (i.e. a shotgun) that has only ever had a pistol grip installed as a firearm. IOW, it isn't a shotgun to begin with, so all of your "sawed off" and "short barreled" shotgun and shoulder or not fired definitions do not apply...it's a firearm with a 14" barrel and an AOL >26" (so as not be be classified as an AOW). |
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Quoted:
Your generalization is overly broad. Regardless of how a weapon is defined at the federal level, state definitions most certainly apply concerning legality at the state level. As discussed above, Georgia's statutes define both the Shockwave and Tac-14 as legal. On the other hand, both weapons are illegal in OH and NJ and illegal or questionable in CA, MA and NY. Quoted:
Quoted:
The key to the definition is that the ATF defines a shotgun-shell-shooting weapon (i.e. a shotgun) that has only ever had a pistol grip installed as a firearm. IOW, it isn't a shotgun to begin with, so all of your "sawed off" and "short barreled" shotgun and shoulder or not fired definitions do not apply...it's a firearm with a 14" barrel and an AOL >26" (so as not be be classified as an AOW). "Sawed-off shotgun" means a shotgun or any weapon made from a shotgun... Since the Shockwave was never a shotgun this does not apply. The part in bold is dispositive; since it isn't applicable, the rest is moot. "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder... Likewise this statute; the Shockwave was never designed, redesigned, made, or remade, or intended to be fired from the shoulder. |
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Quoted:
Your generalization is overly broad. Regardless of how a weapon is defined at the federal level, state definitions most certainly apply concerning legality at the state level. As discussed above, Georgia's statutes define both the Shockwave and Tac-14 as legal. On the other hand, both weapons are illegal in OH and NJ and illegal or questionable in CA, MA and NY. |
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Quoted:
Your generalization is overly broad. Regardless of how a weapon is defined at the federal level, state definitions most certainly apply concerning legality at the state level. As discussed above, Georgia's statutes define both the Shockwave and Tac-14 as legal. On the other hand, both weapons are illegal in OH and NJ and illegal or questionable in CA, MA and NY. |
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Quoted:
MA resident here. Shockwave isn't illegal to own in MA. One of the biggest FFL's in the state spent some time on the phone with state authorities and was told it's a non-compliant handgun. Non-compliant means it's illegal for a dealer to transfer and moderately difficult but not impossible for a resident to obtain. I can't provide any details on how to do it because OPSEC. It does not meet the definition of "pistol" in MA. They are making things up as they go along. As per usual. |
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I was told when I bought my Shockwave that the VSP considers it a pistol as far as enforcement purposes go but it's recorded as "other".
Of course I don't know if that is true or not and I'm not about to ask for clarification from the VSP. When I'm out and about with it I will have it in plain sight or cased as I don't know if my CHP will cover me or not. I suspect as it regards these "not a shotgun" shotguns a bunch of state agencies across the land are making up stuff as they go along. 
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Quoted:
I was told when I bought my Shockwave that the VSP considers it a pistol as far as enforcement purposes go but it's recorded as "other". Of course I don't know if that is true or not and I'm not about to ask for clarification from the VSP. When I'm out and about with it I will have it in plain sight or cased as I don't know if my CHP will cover me or not. I suspect as it regards these "not a shotgun" shotguns a bunch of state agencies across the land are making up stuff as they go along. These definitions are codified in law for a reason. If something does not fall into a pre-defined category one cannot simply assign one that is best suited for their purpose of enforcement. That is a lawsuit waiting to happen. |
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Quoted:
MA resident here. Shockwave isn't illegal to own in MA. One of the biggest FFL's in the state spent some time on the phone with state authorities and was told it's a non-compliant handgun. Non-compliant means it's illegal for a dealer to transfer and moderately difficult but not impossible for a resident to obtain. I can't provide any details on how to do it because OPSEC. Quoted:
Quoted:
Your generalization is overly broad. Regardless of how a weapon is defined at the federal level, state definitions most certainly apply concerning legality at the state level. As discussed above, Georgia's statutes define both the Shockwave and Tac-14 as legal. On the other hand, both weapons are illegal in OH and NJ and illegal or questionable in CA, MA and NY. |
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Quoted:
So I guess cops can buy it and sell it to someone else or as an out of state resident moving in I can bring it in. It's not illegal to own or sell in MA. It's also not a pistol so CMR's do not apply to dealers in this case. |
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I was at a Cabella's in Maine and they said they currently can't/won't carry the Shockwave because of something with the ATF.
Did the ATF recently start questioning (again) whether this is considered a firearm vs. an SBR? Curious how many of these have been sold since they hit the market. Seems like they're hard to find, but I'm not sure if it's because they sell fast or because stores are afraid to stock them. |
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