Shockwave illegal in NC ?

S4f

S4f

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I know this gun has been discussed in a couple of threads,one I had when thinking about purchasing one. Sheriffs in nc are say regardless of the ATF ruling it's illegal in n.c. due to it's barrel being under 18 inches, Hyatt's and a couple of other stores have now pulled them from their selves. several of the gun stores have asked the governors office for a ruling on the legality of the weapon. I know that my lgs has sold three or four,and I think a couple have past through the bst, so if declared illegal where will this leave the people that bought what they thought were legal weapons
 
Here's what you find on Hyatt's site:

"We apologize for the inconvenience, but due to ongoing discussions in the NC Attorney General's Office, we cannot currently sell these to NC residents. No shipments to CA, CT, MA, NC, NJ, NY, OH, or where prohibited by law. Please check your local laws before ordering. These will be legal in Texas beginning September 1, 2017."
 
Just saw Lawman's delivering one the other day. Haven't heard anything about them being illegal. Any sources on this?
 
Wsoc news report,was were I first saw it atf says the over length of 26 inches makes the 14 inch barrel legal, NC doesn't have the over all length requirements,only the no barrel shorter than 18 inches, so will state law supercede fedral law
 
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wsfiredude said:
They making up rules now?
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They love to do that in this state, sometimes it seems we're one new law away from becoming new California
 
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Nevermind...thought you were referring to the Shockwave Blade for a rifle.
 
S4f said:
Wsoc news report,was were I first saw it atf says the over length of 26 inches makes the 14 inch barrel legal, NC doesn't have the over all length requirements,only the no barrel shorter than 18 inches, so will state law supercede fedral law
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So is this one illegal?

upload_2017-7-5_19-2-13.jpeg
 
Don't agree with it, but what ever the sheriffs association said had enough weight behind it to bully Hyatt's to stop selling them, seems they think it falls under the weapon of mass destruction category.
 
@thrillhill

Hopefully a clear decision will be made soon as I was interested in the Remington version of this type shotgun. Any input is appreciated.
 
I assume the shockwave is chambered in a gage?

If so if the barrel is smooth it must be 18.5" + 26" OAL not one or the other but both.

If the barrel has rifling it can be classified as a handgun if designed to be fired with 1 hand or a rifle if it has a stock
 
So this is an AOW, like a master key or the like. I don't get the issue here? Are folks trying to say it's not an NFA item or something?
 
Brangus said:
So is this one illegal?
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The Judge is built as a handgun, with a rifled barrel, and it's chambered in .45 Long Colt.
It just so happens that some .45 Long Colt guns will also chamber a .410 shotgun shell.

There seems to be some confusion that the shockwave is a shotgun, it is an NOT AOW,
*** edited ***
I should have written it is a Firearm.

Shotguns are, by design, fired from the shoulder, the Shockwave is not.

The grip extension allows the barrel to be shorter and still meet OAL.
Since it is legally not a shotgun the 18" barrel length requirement does not apply.

No doubt the lawyers and the courts will sort this thing out.
 
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They've been selling these "other" guns for two or three years now in NC. The Mossberg Shockwave and the Remington TAC 14 are just the first two to be commercially mass produced. Much ado over nothing. Leave it to Hyatt's.
 
bigfelipe said:
So this is an AOW, like a master key or the like. I don't get the issue here? Are folks trying to say it's not an NFA item or something?
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Sheriffs association is saying it's a weapon of mass destruction, at the lgs it was sold as aow, Mossberg ask for a ruling on these from the ATFbefore they went into mass production, they were given approval ,and Mossberg shipped a letter stating such with the fire arm, then NC got their panties in a wad and said not so fast
 
It seems to me the compliance guy for whom ever manufactured this gun did not read the NFA or GCA
 
JBoyette said:
I assume the shockwave is chambered in a gage?

If so if the barrel is smooth it must be 18.5" + 26" OAL not one or the other but both.

If the barrel has rifling it can be classified as a handgun if designed to be fired with 1 hand or a rifle if it has a stock
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Nope. OR.

N.C. Gen. Stat. Ā§ 14-288.8 provides that it is unlawful for any person to manufacture,
assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver, give to
another, or acquire any weapon of mass death and destruction. A weapon of mass death and
destruction includes:
8. Any shotgun with a barrel length less than eighteen (18) inches or an overall length of
less than twenty-six (26) inches;
 
thrillhill said:
Nope. OR.

N.C. Gen. Stat. Ā§ 14-288.8 provides that it is unlawful for any person to manufacture,
assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver, give to
another, or acquire any weapon of mass death and destruction. A weapon of mass death and
destruction includes:
8. Any shotgun with a barrel length less than eighteen (18) inches or an overall length of
less than twenty-six (26) inches;
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Sounds pretty cut and dry to me. AOW.
 
thrillhill said:
Nope. OR.

N.C. Gen. Stat. Ā§ 14-288.8 provides that it is unlawful for any person to manufacture,
assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver, give to
another, or acquire any weapon of mass death and destruction. A weapon of mass death and
destruction includes:
8. Any shotgun with a barrel length less than eighteen (18) inches or an overall length of
less than twenty-six (26) inches;
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That's my point. Rifle the barrel ;) even if it's lightly done and call it a handgun like the Judge is
 
bigfelipe said:
Sounds pretty cut and dry to me. AOW.
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Just because it fires shotgun ammo, does not define the weapon as a shotgun.

26 U.S.C. Ā§ 5845(E)

For the purposes of the National Firearms Act, the term ā€œAny Other Weaponā€ means:

  • Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;
  • A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
  • Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and
  • Any such weapon which may be readily restored to fire.
 
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Button Pusher said:
Just because it fires shotgun ammo, that does not define that it is a shotgun.



26 U.S.C. Ā§ 5845(E)

For the purposes of the National Firearms Act, the term ā€œAny Other Weaponā€ means:

  • Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;
  • A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
  • Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and
  • Any such weapon which may be readily restored to fire.
Click to expand...


What's your point in quotation? It's a smoothbore 12ga pump. Where's the issue?
 
Button Pusher said:
Just because it fires shotgun ammo, that does not define the weapon as a shotgun.

26 U.S.C. Ā§ 5845(E)

For the purposes of the National Firearms Act, the term ā€œAny Other Weaponā€ means:

  • Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive;
  • A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell;
  • Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; and
  • Any such weapon which may be readily restored to fire.
Click to expand...

I love this game..

What's the definition of "a pistol or revolver"
 
JBoyette said:
That's my point. Rifle the barrel ;) even if it's lightly done and call it a handgun like the Judge is
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Yeah, but, you don't have to if it is over 26 inches. Hell, They've been selling these here in NC for years now. ANd they have 8.5 inch barrels.

This is Hyatt playing arfcom member (a la writting letters to ATF to get clarity on braces).

Screenshot-from-2015-05-11-063029-e1431351206799-600x342.png
 
bigfelipe said:
What's your point in quotation? It's a smoothbore 12ga pump. Where's the issue?
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Hi, the point is that the shockwave is not a shotgun. It is NOT AOW.
*** edit *** I should have written it is a Firearm.

The NC Statute referenced a shotgun, the Shockwave is not a shotgun by design.
 
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Issue is NC doesn't say a shotgun has to have a stock. Where ATF states a shotgun does need a stock at the Shockwave without a stock but OAL is classified as a firearm. NC doesn't seem to recognize "Firearms" Its either a long gun, shotgun or pistol for a Title I gun.


CD
 
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