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14 Mossberg 500 That ISN’T NFA!

Discussion in 'NFA & Class III Discussion' started by OkieDokie1982, Mar 3, 2012.

  1. Quail Fat

    Quail Fat Sharpshooter

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    Key words: "so designed"

    The shockwave doesn't fall under the NFA, thereby NFA registration isn't required.

    The shockwave is "so designed" with a barrel less than 18 inches. It's right there in the State Statute.

    Tell anybody threatening to arrest you to pound sand..



    A shotgun in Oklahoma is defined as any firearm capable of discharging a series of projectiles with a barrel or barrels more than eighteen (18) inches but not to include any weapon so designed with a barrel less than eighteen (18) inches in length.



    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.[/QUOTE]
     
    Last edited: Mar 30, 2017
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  2. HiredHand

    HiredHand Sharpshooter

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  3. okie362

    okie362 Sharpshooter

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    Couldn't watch the entire video. That guy is very irritating to listen to. Just his voice pisses me off.
     
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  4. Perplexed

    Perplexed Sharpshooter

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    The section that gives me pause is the last bit, and I've added my own emphasis to your quote to highlight my point. In the first citation you mentioned, "so designed" could be interpreted to mean the Shockwave is fine. BUT, the second citation seems to imply that it doesn't matter, because any firearm that can shoot "a series of projectiles" (including shotgun shells) and with a barrel or barrels less than eighteen (18) inches in length is deemed to be a sawed-off shotgun, and the possessor is potentially committing a felony. This section doesn't say how the barrel came to be less than eighteen inches in length, other than implying it was sawed off. Absent a clarification of this, I would be inclined to come down on the side of prudence and assume the State could, if they're so determined, prosecute the bearer of a Shockwave simply because the barrel is less than eighteen inches in length. If the statute were to spell out the intent of "sawed off" - as in, does "sawed off" mean the bearer cut down the barrel from its original, as designed, length, or does it mean any firearm that has a barrel less than eighteen inches in length, regardless of how that length came to be?

    I see your point, and if you want to tell an arresting authority to go pound sand, go for it. Until a clarification of "sawed off" is produced, however, I'm going to assume a zealous prosecutor can cause the bearer of a Shockwave a lot of time, trouble, and money.
     
  5. MadDogs

    MadDogs Sharpshooter

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    [/QUOTE]

    Great post. The Shockwave is not a shotgun by federal and state definition. That said I also get the anxiety people have knowing whether or not local LEOs understand that.
     
  6. HiredHand

    HiredHand Sharpshooter

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    But it does meet the definition of a sought off shotgun. And henchmen who is an attorney weighed in with his opinion that it wasn't legal under Oklahoma law.

    And I'm really sorry if you don't like the sound of Clint Smith's voice but I definitely think the man knows what he's talking about.
     
  7. AR Addict

    AR Addict Marksman

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    Well I was pretty excited about getting one of these, until I found out about our possible legal issues here!

    So we're still not sure if they're legal here or not? I haven't shopped around but are they selling them here in OK?
     
  8. MadDogs

    MadDogs Sharpshooter

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    While I am (now) convinced they are legal, I am trying to rationalize the practical side of getting one. Noodled with the idea of a laser on one to facilitate aiming ...
     
  9. AR Addict

    AR Addict Marksman

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    I've had a 18" PGO shotgun before, but with a traditional vertical style pistol grip. I would never recommend relying on a PGO shotgun for serious defensive use, too hard to aim and shoot well. It's better than nothing, but I'd rather have a pistol or something with a stock for serious use any day!

    In my case it would be just for fun, or maybe a camping/truck pest control gun. I had a lot of fun with that shotgun, and it was always a hit when I took people shooting, there's just nothing quite like a compact handheld 12ga!

    The shock wave grip will be far more comfortable, and the whole gun will be a little shorter OAL than what I had.
     
    Last edited: Apr 6, 2017
  10. MadDogs

    MadDogs Sharpshooter

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    I agree. The "cool" factor really outweighs the "practical". It is just dripping in cool.

    That said, I do think if it had a laser or laser-light on something like the GG&G mount at the end of the mag tube it may put the semi-rational part of my brain at rest.

    https://www.gggaz.com/mossberg-590-flashlight-mount.html
     

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