Q: At this time is a Shockwave illegal in NC? Also, if you have an updated list of what states the Shockwave cannot be sold in that would be a great help also. Thanks for the help in this matter.
A. The Mossberg Shockwave would be considered a “weapon of mass death and destruction” and illegal to sell to civilians in North Carolina.? A “weapon of mass death and destruction” is defined as including “any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches . . . . For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder.”? N.C. Gen. Stat. § 14-288.8(c)(3).? There is no similar definition of a shotgun being designed and intended to be fired from the shoulder.? “Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.”? Id. § 14-288.8(a).? An exemption applies for “[p]ersons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871,” id. § 14-288.8(b)(5), but the ATF has determined that the Shockwave is not a firearm that needs to be registered pursuant to the NFA.? A “firearm” is defined as a “handgun, shotgun, or rifle which expels a projectile by action of an explosion,” N.C. Gen. Stat. § 14-409.39(2), but a shotgun is not defined.? A “handgun” is defined as a “pistol, revolver, or other gun that has a short stock and is designed to be held and fired by the use of a single hand,” id. § 14-409.39(3), so the Shockwave would not be considered a handgun under North Carolina law.
Information on the legality of the Mossberg Shockwave in Illinois, New York, and Texas has previously been posted to HelpDesk.
In addition to North Carolina, the Shock wave is not legal in Iowa, Louisiana, Ohio, Oregon, or Pennsylvania. Please note that this is not an exhaustive list, and is not intended to imply that it is legal to sell in other states.
The Shockwave would be illegal to sell to civilians in Iowa. It would be considered a “short-barreled shotgun,” which is defined as a “shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any . . . shotgun with an overall length less than twenty-six inches.” Iowa Code § 724.1(1)(b). A “short-barreled shotgun” is considered to be an “offensive weapon,” id. §724.1(1), and the knowing possession of an offensive weapon by a civilian is a felony, id. § 724.3. Iowa law does not specifically define the terms firearm or shotgun, so shotguns are not limited to firearms designed and intended to be fired from the shoulder.
The Shockwave would be considered a “firearm” pursuant to La. Rev. Stat. § 40:1781(3), which defines a firearm as including a “shotgun having a barrel of less than eighteen inches in length” and “any weapon made from . . .? a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches.”? Louisiana law does not otherwise define the term “shotgun” as being limited to a firearm designed and intended to be fired from the shoulder.?? Pursuant to La. Rev. Stat. § 40:1785 “[n]o person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable,” but the ATF has determined that the Shockwave is not a firearm that needs to be registered pursuant to the NFA.? Accordingly, the Shockwave is not legal to sell in Louisiana.
The Shockwave would not be legal to sell in Ohio except to persons who have been issued a license to acquire, possess, carry, or use “dangerous ordinance” pursuant to Ohio Rev. Code § 2923.18. A “sawed-off firearm” is defined as including a “a shotgun with a barrel less than eighteen inches long . . . or a shotgun . . . less than twenty-six inches long overall.” Ohio Rev. Code § 2923.11(F). A “firearm” is defined as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant,” id. § 2923.11(B)(1), and a “deadly weapon” is defined as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon,” id. § 2923.11(B)(1). A “sawed-off firearm” is considered to be “dangerous ordinance” pursuant to Ohio Rev. Code § 2923.11(K)(1). It is generally a felony to “knowingly acquire, have, carry, or use any dangerous ordnance.” Ohio Rev. Code §§ 2923.17(A), (D). Ohio law defines a “handgun” as any “firearm that has a short stock and is designed to be held and fired by the use of a single hand,” id. § 2923.11(C)(1), but does not specifically define a shotgun as being limited to a firearm designed and intended to be fired from the shoulder. Accordingly, the Shockwave would be considered a “sawed-off firearm,” which is “dangerous ordinance” that can only be sold to persons licensed pursuant to Ohio Rev. Code § 2923.18.
The Shockwave would not be legal to sell in Oregon. A “short-barreled shotgun” is defined as a “shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches.” Or. Rev. Stat. § 166.210(12). A “firearm” is defined as a “weapon, by whatever name known, which is designed to expel a projectile by the action of powder,” id. § 166.210(3), but there is no definition of a shotgun limiting it to a firearm designed and intended to be fired from the shoulder. Similarly, a “handgun” is defined as “any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder,” id. § 166.210(5), but the term “pistol” is not defined. Since the Shockwave is “designed to be aimed or fired otherwise than from the shoulder,” it would be considered both a “short-barreled shotgun” and a “handgun” pursuant to Oregon law. Knowing possession of a “short-barreled shotgun” is a felony pursuant to Oregon law unless it is registered pursuant to federal law, Or. Rev. Stat. § 166.272, but the Shockwave is not a firearm subject to registration pursuant to the NFA.
The Shockwave would be considered a “firearm” pursuant to 18 Pa. Con. Stat. § 6102, which defines a firearm as including any “pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches.”? Under this statute, the Shockwave would be legal to sell, but subject to all of the restrictions that apply to the sale of pistols and revolvers under Pennsylvania law.? There is no definition of a shotgun as being only a firearm intended to be fired from the shoulder in Pennsylvania law.? Another statute, 18 Pa. Con. Stat. § 908(c), however, defines a “sawed-off shotgun with a barrel less than 18 inches” as an “offensive weapon.”? Pursuant to Section 908(a), a “person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.” There is an affirmative defense that a defendant can prove by a preponderance of the evidence if he “complied with the National Firearms Act (26 U.S.C. § 5801 et seq.),” id. § 908(b)(1), but the ATF has determined that the Shockwave is not a firearm that needs to be registered pursuant to the NFA. Accordingly, the Shockwave is not legal to sell or possess in Pennsylvania.
In addition, initial indications are that the Mossberg Shockwave is also not legal to sell to consumers in California, Maryland, Massachusetts, and New Jersey. Additional information will be posted on the legality of the Mossberg Shockwave in those states as it is received.