14 Mossberg 500 That ISN’T NFA!

[MadDogs]

I bet they'll say to check with the state AG's office or some such.

That was my guess too ... and that is exactly what they said (see their response below).

My hope was the they would be able to share that the 590 Shockwave is not classified as a "shotgun" but as a "weapon" and not subject to federal or state shotgun requirements.

Because that is really the strange part .... in every state that I searched I could not find one that allows a shotgun to have less than 18" (non-NFA). So why would a company like Mossberg market a gun that is illegal to own in every state?

So there has to be something here that I am missing. I replied back and asked them why they are marketing a shotgun that is illegal in every state that I could find? Have not heard back.

Here is what Mossberg said ...

"Thank you for your email. Although the Mossberg 590 Shockwave is classified as a “pistol grip firearm": under the Gun Control Act of 1968, and is not subject to the provisions of the National Firearms Act, state and local laws may be more restrictive. Even though, it is legal federally, the 590 Shockwave may be considered a “short-barreled” shotgun or “assault weapon” by certain state and local laws; and therefore illegal to possess. Please check with your local authorities concerning the legality of possessing a firearm of this configuration. Thank you."

Sincerely,
Customer Service Team
O.F. Mossberg & Sons, Inc.

 

[CutBaitNBlowSh*tUp4ALivin]

According to the law as I interpreted, it's only legal if the shotgun was sold as a PGO. I bought the grip on Amazon. It's still legal with an 18" barrel, no matter which Oklahoma law you discuss... and at $150 + $25, its a hell of alot cheaper for only 4 more inches (ba dum chh)

Sent via Tapatalk

 

[HiredHand]

That was my guess too ... and that is exactly what they said (see their response below).

My hope was the they would be able to share that the 590 Shockwave is not classified as a "shotgun" but as a "weapon" and not subject to federal or state shotgun requirements.

Because that is really the strange part .... in every state that I searched I could not find one that allows a shotgun to have less than 18" (non-NFA). So why would a company like Mossberg market a gun that is illegal to own in every state?

So there has to be something here that I am missing. I replied back and asked them why they are marketing a shotgun that is illegal in every state that I could find? Have not heard back.

Here is what Mossberg said ...

"Thank you for your email. Although the Mossberg 590 Shockwave is classified as a “pistol grip firearm": under the Gun Control Act of 1968, and is not subject to the provisions of the National Firearms Act, state and local laws may be more restrictive. Even though, it is legal federally, the 590 Shockwave may be considered a “short-barreled” shotgun or “assault weapon” by certain state and local laws; and therefore illegal to possess. Please check with your local authorities concerning the legality of possessing a firearm of this configuration. Thank you."

Sincerely,
Customer Service Team
O.F. Mossberg & Sons, Inc.

It isn't a shotgun per the GCA because it was never intended to be fired from the shoulder.

https://www.atf.gov/firearms/firear...n-firearms-gun-control-act-definition-shotgun
Gun Control Act Definitions
Shotgun
18 U.S.C., § 921(A)(5) and 27 CFR § 478.11

The term “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.

The term “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.

 

[MadDogs]

It isn't a shotgun because it was never intended to be fired from the shoulder.

https://www.atf.gov/firearms/firear...n-firearms-gun-control-act-definition-shotgun
Gun Control Act Definitions
Shotgun
18 U.S.C., § 921(A)(5) and 27 CFR § 478.11

The term “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.

The term “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.

Well said.

And that is why I think it will be legal. It by definition is not a shotgun.

 

[Perplexed]

Yes, but does the State of Oklahoma concur with the ATF definition in this specific case, or does it have a more restrictive view?

Also, if one uses the intent of not being shoulder-mounted, then does the Mossberg 500 Cruiser, which is in a PGO configuration, not fall under the definition of a shotgun? Mossberg lists it as a shotgun.

 

[HiredHand]

http://law.justia.com/codes/oklahoma/2014/title-21/section-21-1289.5/

2014 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1289.5. Definitions for Firearms Act - Shotguns.
Universal Citation: 21 OK Stat § 21-1289.5 (2014)
DEFINITIONS FOR FIREARMS ACT

"Shotguns" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion, but not to include any weapon so designed with a barrel less than eighteen (18) inches in length. In addition, any "shotgun" capable of firing single projectiles but primarily designed to fire multiple projectiles such as "shot" will be regarded as a "shotgun".

Added by Laws 1971, c. 159, § 5, emerg. eff. May 24, 1971. Amended by Laws 1995, c. 272, § 43, eff. Sept. 1, 1995.



http://law.justia.com/codes/oklahoma/2014/title-21/section-21-1289.18

2014 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1289.18. Definitions.
Universal Citation: 21 OK Stat § 21-1289.18 (2014)
DEFINITIONS

A. “Sawed-off shotgun” shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.

B. “Sawed-off rifle” shall mean any rifle having a barrel or barrels of less than sixteen (16) inches in length or any weapon made from a rifle (whether by alteration, modification, or otherwise) if such a weapon as modified has an overall length of less than twenty-six (26) inches in length, including the stock portion.

C. Every person who has in his possession or under his immediate control a sawed-off shotgun or a sawed-off rifle, whether concealed or not, shall upon conviction be guilty of a felony for the possession of such device, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.

D. It is a defense to prosecution under this section, if the approved application form that authorized the making or transfer of the particular firearm to the defendant, which indicates the registration of the firearm to said defendant pursuant to the National Firearm's Act, is introduced.

Added by Laws 1981, c. 155, § 2. Amended by Laws 1986, c. 240, § 3, eff. Nov. 1, 1986; Laws 1997, c. 133, § 331, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 225, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 331 from July 1, 1998, to July 1, 1999.

 

[Perplexed]

2014 Oklahoma Statutes
Title 21. Crimes and Punishments
§21-1289.5. Definitions for Firearms Act - Shotguns.
Universal Citation: 21 OK Stat § 21-1289.5 (2014)
DEFINITIONS FOR FIREARMS ACT

"Shotguns" as used in the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title, shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels more than eighteen (18) inches in length [snip]

A. “Sawed-off shotgun” shall mean any firearm capable of discharging a series of projectiles of any material which may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than eighteen (18) inches in length, and using either gunpowder, gas or any means of rocket propulsion.

There you have it. The State of Oklahoma defines a shotgun as having a barrel of at least 18 inches, and a sawed-off shotgun as any firearm that can discharge a series of projectiles and has a barrel less than 18" in length. It doesn't say the barrel actually has to be sawed off; it just calls it that if the barrel is less than 18" in length.

So the ATF calls the Mossberg 590 Shockwave a "firearm" but not a shotgun, while the State of Oklahoma would call it a sawed-off shotgun by virtue of it being "any firearm" that has a barrel less than 18" in length and which discharges a series of projectiles. So my reading of these statutes - thanks for posting them, HH - is that the 590 Shockwave would be illegal in the State of Oklahoma.

I hope someone can prove me wrong.

 

[HiredHand]

I think you are correct in your interpretation.

 

[MadDogs]

I just sent Pruitt's office a letter. Hopefully someone will reply.

 

[HiredHand]

Also, here is an explanation of defense to prosecution. http://www.nfafa.org/WTF-Is-Defense-to-Prosecution.cfm