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Owned a Shockwave for all of a week+ now, haven't shot it yet, but this is about thoughts on legality issues.
I originally did not understand how these could be legal, but over the years I came to understand the basic premise of where these fall in the law. At first I didn't see much of a use for them, but recently I came around, at least for myself. When I got to seriously considering them, then I took more interest, and part of that was the legalities. I found some people seemed to have some misunderstandings about the law and how the ATF viewed them, so I thought I would post about my take on the laws (mostly federal) and rules and the ATF interpretation of same.
When I use the term 'firearm' with single quotes in this post, I mean one of these firearms as they fall into that legal definition of not a shotgun, not a rifle and not a pistol per federal law (what they are in state law varies by state it appears).
First, some of the obvious - but also maybe not so obvious, even the obvious has some caveats and misunderstandings and grey areas:
1) The OAL (Overall Length) must be 26"+; I have seen longer than 26" and IIRC in ATF letters/etc., too, so not just 26", but longer than 26" - at least to be safe. Mine, with a pistol brace, pistol grip, and 14" barrel is 30"+ long - the same length as the Mossberg 500 bullpup with a 20" barrel. Without the tube and brace, but with the pistol grip, it is a bit over 23". So most of these with just a vertical pistol grip would not be a 'firearm', they would be an 'AOW' (Any Other Weapon) - put a shoulder stock on them and they are over 26" long, but then they are a SBS (Short Barreled Shotgun).
As long as the OAL length is 26"+, the barrel can be any length, from less than 18" to more than 18". E.G., with the current pistol brace installed, I could shorten the barrel to 10" if I wished and the length being 26"+, it would still be a 'firearm' and not an AOW or SBS. IIRC I have seen some configurations like this (Black Aces?) - my assumption is that Mossberg and Remington stuck with the 14" because that is a sweet spot with regards to their standard components, cost, marketing and still be 26"+ OAL. Also, at 14" the 'firearm' does not look that short, such that some might not automatically question the barrel length and legality - especially if they do not know this is not know about the legal length limits for an SBS/etc. But a 10" barrel? Yes, that looks short, even with a pistol brace on it.
2) The 'grip'. I have seen some suggest that there is something magical about the 'raptor' or 'birds head' type grip that makes these firearms a 'firearm' in the eyes of the law (and ATF). Some also suggest that putting a vertical pistol grip in place of that 'birds head' grip would make it no longer a 'firearm' even if the OAL was still 26"+. Not true, and it has been done, and letters from the ATF have been written and published (Black Aces IIRC).
There are other configurations out there, but there is nothing in the law that says that putting a pistol grip on this 'firearm' makes it a pistol or removes it from the classification of a 'firearm' as long as the OAL is 26"+.
A person could put a longer barrel on the gun (~17" but less than 18" on a Shockwave or Tac-14), remove the birds head grip, replace it with a standard pistol grip, and get the required legal OAL to be legal, and it would still be a 'firearm', not an AOW or other NFA firearm.
3) The 'firearm' can never have been "manufactured/made" as a shotgun, rifle or pistol as defined in the GCA and NFA laws.
Possible grey area: not sure if you can put a shoulder stock on these 'firearms' with an 18"+ barrel and then return it to the 'firearm' configuration with a barrel less than 18", 26"+ OAL and no shoulder stock. There is the precedent of being able to do that with a 'pistol' (make it a rifle, then return it to being a pistol), but that was a 'pistol' not a 'firearm'.
I have noticed that for the Mossberg Shockwave at least, there is no 'Shockwave' marking on it that I can find. Nothing about it being anything other than a Mossberg 590. I have not handled a Remington TAC-14 so I don't know what its markings are. Other than the serial number, how would anyone (especially a LEO) know this started as a Shockwave and not a standard shotgun? How would they know if a person put a short barrel on a Mossberg 'shotgun' and said it was a Shockwave 'firearm' - without checking the serial #?
Seems like an area for misunderstanding and possible temporary legal issues to me. Also, possible area for fraud - although I can't imagine why a seller would put a short barrel on a 'shotgun' to sell it as a Shockwave to make money as there would probably be little to no profit in it and if they got caught they would face "pound me in the *** federal prison time" (reference to the movie "Office Space").
4) Forward vertical pistol grip. These are legal on a 'firearm'. A 'firearm' is not a pistol. There are configurations out there with the VFG that are approved by the ATF as a 'firearm'.
http://www.blackacestactical.com/product-page/black-aces-tactical-dt
You cannot put a VFG on a 'pistol', but the 'firearm' is not a pistol. It just is a 'firearm' not made to be shouldered.
5) Pistol braces. These are legal and count towards OAL as mentioned above. As long as it is not a stock intended/designed to be used as a shoulder stock. Now some people may use it that way, but that is not what it was designed for, not its intended use.
6) Folding braces/et. al. - legal, but there is some controversy/debate about whether OAL is measured with the brace/etc. folded or not. My understanding is that for other firearms (rifle or pistol) OAL length is measured with the stock extended as this is how the brace is intended to be used - so I think that would apply here, but then there is the rumor that an ATF agent is measuring the OAL with the stock or brace folded. There is also some debate about pistol braces on a pistol with regards to length when the brace is collapsed (not folded, but moved to its most forward position) - I would think that OAL is measure with the brace/et. al. moved to its most forward position.
7) Modifying the firearm in any way. With the exception of modifying an installed pistol brace or installing one that is modified (which I recommend you do not do on a 'firearm' or pistol), as long as you meet the legal requirements of OAL I think you are ok. This goes back to the issues of the birds head grip and the VFG.
One thing I think you cannot do: do NOT install a rifled barrel on the 'firearm'. The 'firearm' is a 'firearm' in part because it is not a rifle. It is not a rifle because it does not have a rifled barrel. It is not a shotgun because it came from the manufacturer without a shoulder stock. Stay within the parameters of it being a 'firearm' and you should be okay. That probably includes never putting a shoulder stock on it even though you install an 18" barrel - let someone else go to court and set that precedent like TC did for pistols.
I originally did not understand how these could be legal, but over the years I came to understand the basic premise of where these fall in the law. At first I didn't see much of a use for them, but recently I came around, at least for myself. When I got to seriously considering them, then I took more interest, and part of that was the legalities. I found some people seemed to have some misunderstandings about the law and how the ATF viewed them, so I thought I would post about my take on the laws (mostly federal) and rules and the ATF interpretation of same.
When I use the term 'firearm' with single quotes in this post, I mean one of these firearms as they fall into that legal definition of not a shotgun, not a rifle and not a pistol per federal law (what they are in state law varies by state it appears).
First, some of the obvious - but also maybe not so obvious, even the obvious has some caveats and misunderstandings and grey areas:
1) The OAL (Overall Length) must be 26"+; I have seen longer than 26" and IIRC in ATF letters/etc., too, so not just 26", but longer than 26" - at least to be safe. Mine, with a pistol brace, pistol grip, and 14" barrel is 30"+ long - the same length as the Mossberg 500 bullpup with a 20" barrel. Without the tube and brace, but with the pistol grip, it is a bit over 23". So most of these with just a vertical pistol grip would not be a 'firearm', they would be an 'AOW' (Any Other Weapon) - put a shoulder stock on them and they are over 26" long, but then they are a SBS (Short Barreled Shotgun).
As long as the OAL length is 26"+, the barrel can be any length, from less than 18" to more than 18". E.G., with the current pistol brace installed, I could shorten the barrel to 10" if I wished and the length being 26"+, it would still be a 'firearm' and not an AOW or SBS. IIRC I have seen some configurations like this (Black Aces?) - my assumption is that Mossberg and Remington stuck with the 14" because that is a sweet spot with regards to their standard components, cost, marketing and still be 26"+ OAL. Also, at 14" the 'firearm' does not look that short, such that some might not automatically question the barrel length and legality - especially if they do not know this is not know about the legal length limits for an SBS/etc. But a 10" barrel? Yes, that looks short, even with a pistol brace on it.
2) The 'grip'. I have seen some suggest that there is something magical about the 'raptor' or 'birds head' type grip that makes these firearms a 'firearm' in the eyes of the law (and ATF). Some also suggest that putting a vertical pistol grip in place of that 'birds head' grip would make it no longer a 'firearm' even if the OAL was still 26"+. Not true, and it has been done, and letters from the ATF have been written and published (Black Aces IIRC).
There are other configurations out there, but there is nothing in the law that says that putting a pistol grip on this 'firearm' makes it a pistol or removes it from the classification of a 'firearm' as long as the OAL is 26"+.
A person could put a longer barrel on the gun (~17" but less than 18" on a Shockwave or Tac-14), remove the birds head grip, replace it with a standard pistol grip, and get the required legal OAL to be legal, and it would still be a 'firearm', not an AOW or other NFA firearm.
3) The 'firearm' can never have been "manufactured/made" as a shotgun, rifle or pistol as defined in the GCA and NFA laws.
Possible grey area: not sure if you can put a shoulder stock on these 'firearms' with an 18"+ barrel and then return it to the 'firearm' configuration with a barrel less than 18", 26"+ OAL and no shoulder stock. There is the precedent of being able to do that with a 'pistol' (make it a rifle, then return it to being a pistol), but that was a 'pistol' not a 'firearm'.
I have noticed that for the Mossberg Shockwave at least, there is no 'Shockwave' marking on it that I can find. Nothing about it being anything other than a Mossberg 590. I have not handled a Remington TAC-14 so I don't know what its markings are. Other than the serial number, how would anyone (especially a LEO) know this started as a Shockwave and not a standard shotgun? How would they know if a person put a short barrel on a Mossberg 'shotgun' and said it was a Shockwave 'firearm' - without checking the serial #?
Seems like an area for misunderstanding and possible temporary legal issues to me. Also, possible area for fraud - although I can't imagine why a seller would put a short barrel on a 'shotgun' to sell it as a Shockwave to make money as there would probably be little to no profit in it and if they got caught they would face "pound me in the *** federal prison time" (reference to the movie "Office Space").
4) Forward vertical pistol grip. These are legal on a 'firearm'. A 'firearm' is not a pistol. There are configurations out there with the VFG that are approved by the ATF as a 'firearm'.
http://www.blackacestactical.com/product-page/black-aces-tactical-dt
You cannot put a VFG on a 'pistol', but the 'firearm' is not a pistol. It just is a 'firearm' not made to be shouldered.
5) Pistol braces. These are legal and count towards OAL as mentioned above. As long as it is not a stock intended/designed to be used as a shoulder stock. Now some people may use it that way, but that is not what it was designed for, not its intended use.
6) Folding braces/et. al. - legal, but there is some controversy/debate about whether OAL is measured with the brace/etc. folded or not. My understanding is that for other firearms (rifle or pistol) OAL length is measured with the stock extended as this is how the brace is intended to be used - so I think that would apply here, but then there is the rumor that an ATF agent is measuring the OAL with the stock or brace folded. There is also some debate about pistol braces on a pistol with regards to length when the brace is collapsed (not folded, but moved to its most forward position) - I would think that OAL is measure with the brace/et. al. moved to its most forward position.
7) Modifying the firearm in any way. With the exception of modifying an installed pistol brace or installing one that is modified (which I recommend you do not do on a 'firearm' or pistol), as long as you meet the legal requirements of OAL I think you are ok. This goes back to the issues of the birds head grip and the VFG.
One thing I think you cannot do: do NOT install a rifled barrel on the 'firearm'. The 'firearm' is a 'firearm' in part because it is not a rifle. It is not a rifle because it does not have a rifled barrel. It is not a shotgun because it came from the manufacturer without a shoulder stock. Stay within the parameters of it being a 'firearm' and you should be okay. That probably includes never putting a shoulder stock on it even though you install an 18" barrel - let someone else go to court and set that precedent like TC did for pistols.
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