NFOA MEMBERS FORUM
General Categories => General Firearm Discussion => Topic started by: Beagle on April 26, 2017, 10:54:38 AM
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Does anyone know if the new mossberg shockwave is legal in nebraska? ... lincoln?
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the shockwave is a "firearm" under the NFA rules....however, Nebraska rules use the word "OR" when describing shotguns. see here: http://nebraskalegislature.gov/laws/statutes.php?statute=28-1201
im interested in what others have to say....
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interesting "(10) Short shotgun means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches."
IANAL - but I would assume that this means if either criteria is met then it's a "short shotgun" - since it's a 14" barrel I'd assume this means it fits this description even though it's OAL = 26.37"
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Does anyone know if the new mossberg shockwave is legal in nebraska? ... lincoln?
I would say it would have to be legal unless you try to hunt with it because of capacity, I doubt if they sell a plug for it. lol If anyone is interested Clint Smith has a video on youtube pertaining to it. Looks cool but I really have no use for it. Edit: Had to find it, gotta love Clint. https://www.youtube.com/watch?v=fM_sqSTg2v8
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I would say it would have to be legal unless you try to hunt with it because of capacity, I doubt if they sell a plug for it. lol If anyone is interested Clint Smith has a video on youtube pertaining to it. Looks cool but I really have no use for it. Edit: Had to find it, gotta love Clint. https://www.youtube.com/watch?v=fM_sqSTg2v8
you make your own plug. all it is, is a stick.
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the shockwave is a "firearm" under the NFA rules....however, Nebraska rules use the word "OR" when describing shotguns. see here: http://nebraskalegislature.gov/laws/statutes.php?statute=28-1201
im interested in what others have to say....
BUT,, this isn't a shotgun. it may fire shotgun shells. but according to the ATF. this is not a shotgun, its a firearm, the Ne law says a shotgun must be 16 inches.. wouldn't the feds be the one to determine what the weapon is?
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BUT,, this isn't a shotgun. it may fire shotgun shells. but according to the ATF. this is not a shotgun, its a firearm, the Ne law says a shotgun must be 16 inches.. wouldn't the feds be the one to determine what the weapon is?
Now enter Remington to the fray. Let the flood gates open, and you're correct it isn't considered a shotgun. NFA laws make me lol. http://www.guns.com/2017/04/27/remington-debuts-14-inch-bbl-870-no-tax-stamp-needed-photos/?utm_campaign=trueAnthem:+Trending+Content&utm_content=590196f604d3012524aeb67f&utm_medium=trueAnthem&utm_source=twitter
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so these are "pistols" then? because they are not intended to be shouldered ?
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so these are "pistols" then? because they are not intended to be shouldered ?
No, it's just a "firearm."
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Based on the statue below, I would think it would be a handgun as it has a barrel less then 16".
John K
28-1201.
Terms, defined.
For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires:
(1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon;
(2) Fugitive from justice means any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony;
(3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand;
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Based on the statue below, I would think it would be a handgun as it has a barrel less then 16".
John K
28-1201.
Terms, defined.
For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires:
(1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon;
(2) Fugitive from justice means any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony;
(3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand;
ATF says it's a "firearm" not an sbs and not a pistol. So far states haven't weighed in as far as I know. I kinda like that Remington version as long as its based on the tried and true 870.
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That's the problem we face when definitions are not consistent.
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That's the problem we face when definitions are not consistent.
Very sadly...true
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Based on the statue below, I would think it would be a handgun as it has a barrel less then 16".
John K
28-1201.
Terms, defined.
For purposes of sections 28-1201 to 28-1212.04, unless the context otherwise requires:
(1) Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon;
(2) Fugitive from justice means any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony;
(3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand;
It is not designed to be held and fired by the use of a single hand is why feds don't designate, I am sure.
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To be honest, I think this is a perfect example why firearms laws such as these should not exist in the first place.
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I looked and was unable to find a definition of a shotgun in Nebraska legal statutes. Does anyone know where it might be located?
I found the Federal definition and it specifys designed to be fired from the shoulder.
John K
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I think they invented a new class of gun. this is classified by the ATF as a weapon, not a pistol, rifle or shotgun. they invented a new 4th class that is called a weapon. will have to wait and see what they decide to do about these.
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Has anyone tried to purchase one yet? I imagine if you went to buy it at your favorite gun store they would let you know if it wasn't legal.
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I bought a Mossberg T590 with a pistol grip a few years ago at the Offutt AAFES gun counter. I had to show my CHP because is was classified as a pistol. I measured the barrel today, it is 20".
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If this is legal with a smooth bore, why did the Taurus Judge and S&W Governor ostensibly have to be built with a slightly rifled barrel so as to not be a "shotgun"?
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If this is legal with a smooth bore, why did the Taurus Judge and S&W Governor ostensibly have to be built with a slightly rifled barrel so as to not be a "shotgun"?
Because the Taurus and S&W are registered as a pistol. not a weapon,
I called a few Distributors.. these things are rare.. no one has them in stock
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That's the problem we face when definitions are not consistent.
And yet more of the non-consistency. :P https://bearingarms.com/bob-o/2017/04/25/atf-reverses-position-stabilizing-braces/
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Because those are handguns and smoothbore handguns need to be AOWs registered with the NFA this is not a shotgun, it is not a rifle, it is not a handgun, so it's an other firearm.
I predict that the death of this firearm is going to be non sporting purpose of a firearm with larger than 50 caliber bore.
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I saw a video of Hickok45 shooting two of those. Just out of curiosity i checked 4 Lincoln store's websites, including Thunder Alley. None of them had it listed. Bud's Guns did but was out of stock. Interesting. Last time I looked they were not shipping it (when they have them) to two states, Now its 7. Nebraska, not there, yet.
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Mossberg has started a trend. Someone posted at a Smith and Wesson forum that Remington is releasing their version.
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So, anything official on the status of these in Nebraska? I have absolutely no use for one....so will probably get it soon.
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https://www.targetsportsusa.com/mossberg-590-shockwave-12-ga-shotgun-14-6-rd-pistol-grip-blk-50659-p-60844.aspx
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you make your own plug. all it is, is a stick.
Make your own plug. A pencil cut to the appropriate length works just fine.
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If this is legal with a smooth bore, why did the Taurus Judge and S&W Governor ostensibly have to be built with a slightly rifled barrel so as to not be a "shotgun"?
Because it would have been too short and thus classified as an AOW.
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Mossberg has started a trend. Someone posted at a Smith and Wesson forum that Remington is releasing their version.
https://www.remington.com/other-products/model-870-tac-14
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Omaha gun club has the Remington on their wall right now. I think I remember $295, but it could have been $395. I don't fully remember because I'd rather have the Mossberg. :-p
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http://palmettostatearmory.com/mossberg-590-shockwave-12ga-shotgun-50659.html $359 with free shipping for the shockwave.
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Brownells have them in stock, $369.99.
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I saw two Shockwaves at Scheels in Lincoln yesterday. They had notices on them that purchasing them requires the handgun permit. So apparently in Nebraska they are handguns.
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Did you inquire as to why? But I guess it isn't any different than walmart requiring the purchase permit for a .22 rifle. All they have to do is state, "It's company policy"
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Pistol Grips and Shotguns
Firearms with pistol grips attached:
The definition of a shotgun under the GCA, 18 U.S.C.
§921(a)(5), is “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
an explosives to fire through a smooth bore either a number
of ball shot or single projectile for each single pull of the trigger.
Under the GCA, 18 U.S.C. §921(a)(29)(A), handgun
means “a firearm which has a short stock and is designed to
be held and fired by the use of a single hand.” Federal law
provides under 18 U.S.C. 922(b)(1), that if the firearm to be
transferred is “other than a rifle or shotgun,” the purchaser
must be 21 years of age or older.
Certain commercially produced firearms do not fall within
the definition of shotgun under the GCA even though
they utilize a shotgun shell for ammunition. For example,
firearms that come equipped with a pistol grip in place of
the buttstock are not shotguns as defined by the GCA.
A firearm with a pistol grip in lieu of the shoulder stock is
not designed to be fired from the shoulder and, therefore,
is not a shotgun. Since it is a firearm “other than a rifle or
shotgun,” the purchaser must be 21 years of age or older.
Additionally, interstate controls apply. The licensee and
transferee must be residents of the same State.
Other questions raised pertain to entries made in the
licensee’s required records with respect to firearm “type.”
These entries should indicate the firearm type as “pistol grip
firearm.”
Age Restriction & Interstate Transfer Reminders
Licensees are reminded that firearm frames, receivers, and
other firearms that are neither handguns nor long guns
(rifles or shotguns) are considered “Other Firearms.” They
cannot be sold or delivered by a licensee to any person under
21 years of age. Additionally, 18 U.S.C. 922(b)(3) states that
a licensee shall not sell or deliver any firearm other than a
shotgun or rifle to any person who does not reside in the
State in which the licensee’s place of business or activity is located;
this restriction includes handguns, pistol grip firearms
utilizing shotgun ammunition, and frames and receivers.
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https://www.ebay.com/itm/Peak-Case-Mossberg-590-Shockwave-or-Tac-14-Home-Defense-Case-12-GA/112608202863?hash=item1a37f8d06f:g:~OgAAOSw1JVZ57K8
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https://www.ebay.com/itm/Peak-Case-Mossberg-590-Shockwave-or-Tac-14-Home-Defense-Case-12-GA/112608202863?hash=item1a37f8d06f:g:~OgAAOSw1JVZ57K8
What am I missing? Too good to be true? :o
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What am I missing? Too good to be true?
It's only the MT plastic case for $139.
sfg