Legal Question on the Mossberg Shockwave

[jrmiddleton425]

I have ONE state-specific question and I think more people might see it in General, than if I put it in Legal...can anyone tell me, FOR SURE and cite the source; is the Mossberg Shockwave legal in New York (not NYC)?

 

[Coyote3855]

I don't know if this provides a definitive answer, but it is a start:

https://www.newyorkcriminalattorney...hockwave-remington-tac-14-legal-new-york.html

There are other sources of opinion and discussion if you Google Is the Shockwave legal in NY?

 

[Frank Ettin]

...can anyone tell me, FOR SURE and cite the source; is the Mossberg Shockwave legal in New York (not NYC)?

Based on the New York lawyer opinion at the link posted above by Coyote3855, it looks like no one can tell you for sure.

While it Attorney Tilem concludes that the Shockwave appears to be legal in New York State, he does so on the following bases:

1. It doesn't fit under the New York statutory definition of "shotgun" or "rifle."
   
   
2. It doesn't appear to be a firearm for which a license and registration is required, but he reaches that conclusion based on what appears to be a loophole in New York law insofar as --
   
   
   • There is no statutory definition of "pistol" under New York law; and
     
     
   • It doesn't appear to satisfy the definition of "pistol" under New Jersey law (which is persuasive but not binding on a New York court), nor does it appear to satisfy the common definition of "pistol."

But Attorney Tilem also points out:

....no Court has considered the issue in New York at this time...

So the reality is that based on the reliance on what appears to be a loophole, and lacking a definitive and controlling New York court opinion, it is simply impossible to know for sure whether the Mossberg Shockwave is legal in New York. There is some degree of uncertainty on the issue.

 

[danez71]

As Frank noted, until a judge rules no one knows for sure.


There are FFLs in NY selling it and there is this letter

https://www.google.com/url?sa=t&sou...FjAHegQIARAB&usg=AOvVaw0VMC_ceZR76e9EMCfPZyWI

 

[jrmiddleton425]

So there's no ruling making them per se illegal at this moment, and that's as good of an answer as anyone can find.

I figured as much, and it costs nothing to ask. More or less, I wanted to make sure that I had not missed any relevant documentation.

Thanks.

 

[22250Rem]

I thought of this thread last night as I was reading the July / August 2018 issue of "New York Game & Fish" magazine, and there on page 3 is a full page Mossberg advertisement for the Shockwave. So I assume the folks at Mossberg would ensure that the Shockwave is legal to sell in NY state before they take out a full page ad in a publication that focuses entirely on NY state? But then; My assumptions are sometimes wrong. Note that the OP specified NY state and not NY City as that would be another entirely different ball game. I've yet to see a shock wave in person and although I'm not currently in the market for something like that they would be real interesting to see up close and personal.

 

[stchman]

My thing is, if you can currently buy it in your state, then is it legal in your state. If you are buying the gun from an online seller and having it shipped to a NY FFL, check with the FFL and see if he will do the transfer.

 

[Wisco]

My thing is, if you can currently buy it in your state, then is it legal in your state. If you are buying the gun from an online seller and having it shipped to a NY FFL, check with the FFL and see if he will do the transfer.

That depends on the quality of the FFL. Just on the Shockwave and TAC14 alone, I’ve had conversations with local FFLs...three FFLs, two different opinions of legal configurations regarding arm braces. One of the FFLs is so misguided he would gladly transfer you an illegal gun and think nothing of it...a 14.5 AR upper that’s “permanently” attached with rock-set was something he mentioned as legal.

Anecdotally, I’ve seen a 17.5” shotgun for sale at gun shop, a Glock 17 for sale...with a shoulder stock attached in the display case, and my all time favorite, a 1940s Winchester 94 cut down to 14” being sold as a factory model exempt from NFA. Getting those from an FFL doesn’t make them legal.

If you get it from an FFL, you *might* have an argument to make with the DA, but ignorance is not a valid defense...for you or the FFL.

As for a Shockwave in NY, it doesn’t seem definitive to me and it would depend on my legal research, my locality law enforcement and how badly I wanted a novelty item that fires shot shells.

 

[stchman]

That depends on the quality of the FFL. Just on the Shockwave and TAC14 alone, I’ve had conversations with local FFLs...three FFLs, two different opinions of legal configurations regarding arm braces. One of the FFLs is so misguided he would gladly transfer you an illegal gun and think nothing of it...a 14.5 AR upper that’s “permanently” attached with rock-set was something he mentioned as legal.

Anecdotally, I’ve seen a 17.5” shotgun for sale at gun shop, a Glock 17 for sale...with a shoulder stock attached in the display case, and my all time favorite, a 1940s Winchester 94 cut down to 14” being sold as a factory model exempt from NFA. Getting those from an FFL doesn’t make them legal.

If you get it from an FFL, you *might* have an argument to make with the DA, but ignorance is not a valid defense...for you or the FFL.

As for a Shockwave in NY, it doesn’t seem definitive to me and it would depend on my legal research, my locality law enforcement and how badly I wanted a novelty item that fires shot shells.

I understand, but your examples are of modified guns.

As far as the 17.5" shotgun, how did you make that determination short of measuring the barrel with a tape measure? Was the end of the barrel cut off?

The Mossberg Shokwave is a factory firearm, not modified. The OP could also call Mossberg and ask them if their Shockwave is legal in NY.

 

[Robert]

Looks like the OP got the answers he needed. Lets call it a day.