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Posted: 10/22/2017 6:02:09 PM EDT
Link Posted: 10/22/2017 6:04:15 PM EDT
[#1]
Yes
Link Posted: 10/22/2017 6:15:31 PM EDT
[#2]
Link Posted: 10/22/2017 9:40:58 PM EDT
[#3]
They sell them in all the gun stores, even the largest ones that have the most to lose.

Are they legal;  I'm going out on a limb here and will accept the flames, but my personal interpretation, of the Florida statutes, banning destructive devices prohibit them.  Unless of course they are a shotgun, and by definition they are NOT.  The fact that they are NOT a shotgun is what makes them legal under federal regulations.

With that said, I would not hesitate to buy one or bring one to Florida, especially since I'm the only person in the state that interprets the statute, that way.

And for those about to flame me, first, go read the statute, keeping in mind, that they are NOT shotguns. 790.001(4)

If you do, I would love to hear different interpretations.
Link Posted: 10/23/2017 8:34:23 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They sell them in all the gun stores, even the largest ones that have the most to lose.

Are they legal;  I'm going out on a limb here and will accept the flames, but my personal interpretation, of the Florida statutes, banning destructive devices prohibit them.  Unless of course they are a shotgun, and by definition they are NOT.  The fact that they are NOT a shotgun is what makes them legal under federal regulations.

With that said, I would not hesitate to buy one or bring one to Florida, especially since I'm the only person in the state that interprets the statute, that way.

And for those about to flame me, first, go read the statute, keeping in mind, that they are NOT shotguns. 790.001(4)

If you do, I would love to hear different interpretations.
View Quote
I understand your concern over the legal quandary as it mirrors the same issue found in Federal law regarding DDs. This issue goes way beyond the Shockwave/Raptor configurations as it could be applied to ANY pistol grip only firearm with a bore >1/2". If ATF or the State of Florida were to reverse decades of interpretation otherwise, they would literally, overnight be making felons of hundreds of thousands of currently law-abiding gun owners. I am not sure anybody has the intestinal fortitude to grind that sausage.

I am NOT a lawyer but I believe the "safe space" in regards to Federal law is this exemption; "a device which the Attorney General determines is not likely to be used as a weapon". The fact that the ATF (who falls under the direction of the AG) has issued technical determinations classifying the Shockwave/Raptor configuration as a Title I firearm and that the firearm is allowed to be transferred on a 4473 (along with other PGO NOT-shotguns)    demonstrates that the AG has, by this action, made such a determination.

With regards to Florida 790.001(4) there is a similar saving grace in the (4)(a) exemption; "A device which is not designed, redesigned, used, or intended for use as a weapon". Now, admittedly, this is a weaker argument to stand on but it seems to be the footing that the State of Florida has taken with regards to these firearms and their sale within the State. Neither Mossberg nor Shockwave Technologies (who developed the Shockwave/Raptor grip) ever state that the end product is "designed" or "intended" to be used as a weapon. This is correct as I do not believe it is marketed to or in common use by any law enforcement or military organization. In addition, most people who own these intend to use them as range toys NOT weapons. Now, if YOU were to use one as a "weapon" to rob a bank then YOU could be possibly charged under Florida law with possession of a DD (among a number of other crimes as well). For this reason, the Shockwave/Raptor may not be the best choice as a personal defense "weapon" unless it happened to be what you had handy when you were attacked like using a golf club or baseball bat to defend yourself. It is built, sold and owned as a "firearm" NOT a "weapon". Always remember that distinction when you discuss your ownership with others, particularly members of law enforcement.

That clears it up, right?

DISCLAIMER - I am NOT a lawyer. I am NOT giving legal advice. My comments are based entirely on my personal interpretations of the relevant law pertaining to my own personal circumstances. As always, your mileage may vary.
Link Posted: 10/23/2017 9:46:37 AM EDT
[#5]
They're openly sold everywhere here and the ranges allow you to shoot them.

I wouldn't give it a second thought.
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