Mossberg shockwave - request for AG opinion

[dlh]

So if I read this correctly (someone please correct me if I'm wrong), prior to amendment, the relevant section of the bill reads:

• SECTION 1. Sections 46.05(a) and (e), Penal Code, are amended to read as follows:
  • (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    • (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
      • (A) an explosive weapon;
        (B) a machine gun; or
        (C) a short-barrel firearm; [or
        [(D) a firearm silencer;]
      (2) knuckles;
      (3) armor-piercing ammunition;
      (4) a chemical dispensing device;
      (5) a zip gun; [or]
      (6) a tire deflation device; or
      (7) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

This would be amended to read:

• SECTION 1. Sections 46.05(a) and (e), Penal Code, are amended to read as follows:
  • (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    • (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:
      • (A) an explosive weapon;
        (B) a machine gun; or
        (C) a short-barrel firearm; [or
        [(D) a firearm silencer;]
      (2) knuckles;
      (3) armor-piercing ammunition;
      (4) a chemical dispensing device;
      (5) a zip gun; [or]
      (6) a tire deflation device; or
      (7) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

Since, according to the BATF, the Shockwave (and presumably the Remington TAC-14) are not subject to the NFA's registration requirement, the red text amendment would bring those two guns (and others like them) into compliance with Texas law.

That is my understanding too--a cleverly worded way to get the Shockwave legal in Texas.

[Soccerdad1995]

What is the timeline for this law to be effective? Shockwave's are out of stock once again on Bud's site and I would like to get one placed on reserve order as soon as possible.

[Papa_Tiger]

What is the timeline for this law to be effective? Shockwave's are out of stock once again on Bud's site and I would like to get one placed on reserve order as soon as possible.

This Act takes effect September 1, 2017. (Assuming it is not vetoed by the Governor)

[AdioSS]

Governor's Action
Upon receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature. If the governor vetoes the bill and the legislature is still in session, the bill is returned to the house in which it originated with an explanation of the governor's objections. A two-thirds majority in each house is required to override the veto. If the governor neither vetoes nor signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.
http://www.house.state.tx.us/about-us/bill/

https://openstates.org/tx/bills/85/HB1819/
It was sent to the Gov on 5/22

[nimravus01]

So if I read this correctly (someone please correct me if I'm wrong), prior to amendment, the relevant section of the bill reads:

• SECTION 1. Sections 46.05(a) and (e), Penal Code, are amended to read as follows:
  • (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    • (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:
      • (A) an explosive weapon;
        (B) a machine gun; or
        (C) a short-barrel firearm; [or
        [(D) a firearm silencer;]
      (2) knuckles;
      (3) armor-piercing ammunition;
      (4) a chemical dispensing device;
      (5) a zip gun; [or]
      (6) a tire deflation device; or
      (7) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

Estes' amendment would change this to read:

• SECTION 1. Sections 46.05(a) and (e), Penal Code, are amended to read as follows:
  • (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
    • (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:
      • (A) an explosive weapon;
        (B) a machine gun; or
        (C) a short-barrel firearm; [or
        [(D) a firearm silencer;]
      (2) knuckles;
      (3) armor-piercing ammunition;
      (4) a chemical dispensing device;
      (5) a zip gun; [or]
      (6) a tire deflation device; or
      (7) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

Since, according to the BATF, the Shockwave (and presumably the Remington TAC-14) are not subject to the NFA's registration requirement, the red text amendment would bring those two guns (and others like them) into compliance with Texas law.

Many props to Senator Estes!

I really want a Shockwave and I was going to print out the bill and go show it to my local gun store. However, the text of the bill I see does not contain the above red letter verbage! Am I looking at the wrong place? I found it on the legislature's website here: ftp://ftp.legis.state.tx.us/bills/85R/b ... 01819S.htm

[ELB]

Am I looking at the wrong place? I found it on the legislature's website here: ftp://ftp.legis.state.tx.us/bills/85R/b ... 01819S.htm

Make sure you at looking at the final version of the bill, in this case the "enrolled" one.

http://www.capitol.state.tx.us/tlodocs/ ... 01819F.htm

Don't just grab the first one that comes up on search. Find the bill's "home page" (for lack of a better term)
http://www.capitol.state.tx.us/BillLook ... ill=HB1819

select the "text" tab, and look for the last version at the bottom.

[carlson1]

I went by the LGS here to see if they are ordering them. He has three in stock and said he has been selling them since they came out. He has Remington on order. He has $450.00 on them and at Bud's they were $389.00. Bud's is still not shipping to Texas.

[nimravus01]

Make sure you at looking at the final version of the bill, in this case the "enrolled" one.

http://www.capitol.state.tx.us/tlodocs/ ... 01819F.htm

Don't just grab the first one that comes up on search. Find the bill's "home page" (for lack of a better term)
http://www.capitol.state.tx.us/BillLook ... ill=HB1819

select the "text" tab, and look for the last version at the bottom.

I see now. Thanks!

[Gunner4640]

I would also love to have a Shockwave. It's not a gun that I "need", and yes there are other guns that can accomplish the same purpose. But then again, I have a lot of guns I don't "need".

I asked the AG's office for an opinion and they declined to give one. Then again, I am a mere citizen. Hopefully this request will get an answer. I don't see how they could rule that it is illegal without making the definition of a shotgun extremely broad (something like all firearms having a smooth bore regardless of whether they are capable of being shouldered).

I need everyone of my guns, better yet my guns need me

[jpraustin]

Clearing things up: re: Mossberg Shockwave legal or not in Texas:

The 85th Texas Legislature adjourned on May 29, but not before passing several bills that enhance gun-owners’ rights in the state. Here are descriptions of several bills you might not have heard about that already have been signed into law by Gov. Greg Abbott :



H.B. 1819

Purpose: Creates Texas Penal Code § 46.05(a)(7) which states that firearm silencers that are curios or relics, or are possessed, manufactured, transported, repaired, or sold in compliance with federal law, are not prohibited weapons. This means that if the federal “Hearing Protection Act of 2017” becomes law and removes firearm silencers from ATF regulation under the NFA, they will no longer be prohibited weapons under TPC §46.05.

Amends Texas Penal Code § 46.05 to state that prohibited weapons does not include those weapons that are not subject to the ATF registration requirement. This means that since the ATF has chosen not to regulate the Mossberg Shockwave as a short-barreled shotgun under the NFA that it is not prohibited under TPC § 46.05(a)(1)(C)

Effective: September 1, 2017

[Whitemagic]

So I live in Texas, have a CHL and DL. If I go into a shop in texas and buy a remington tac 14 or mossberg shockwave. Can I leave with the shotgun? (Thats the only question, idc about hypothetically. Yes or No) Has someone purchased one IN TEXAS and walked out the door with it, or are the mossbergs and remingtons piling up at ffl's unable to transfer/sell them?

[Jusme]

So I live in Texas, have a CHL and DL. If I go into a shop in texas and buy a remington tac 14 or mossberg shockwave. Can I leave with the shotgun? (Thats the only question, idc about hypothetically. Yes or No) Has someone purchased one IN TEXAS and walked out the door with it, or are the mossbergs and remingtons piling up at ffl's unable to transfer/sell them?

Not "legally" until Sept 1st.

I will expect that with this amendment, that these types of firearms will be in high demand. I would still make a copy of the amendment, as well as the ATFE ruling, to show to any LEO, who may not be up to date. Especially if you plan to carry it anywhere besides, your property. JMHO

[Soccerdad1995]

So I live in Texas, have a CHL and DL. If I go into a shop in texas and buy a remington tac 14 or mossberg shockwave. Can I leave with the shotgun? (Thats the only question, idc about hypothetically. Yes or No) Has someone purchased one IN TEXAS and walked out the door with it, or are the mossbergs and remingtons piling up at ffl's unable to transfer/sell them?

Not "legally" until Sept 1st.

I will expect that with this amendment, that these types of firearms will be in high demand. I would still make a copy of the amendment, as well as the ATFE ruling, to show to any LEO, who may not be up to date. Especially if you plan to carry it anywhere besides, your property. JMHO

Not to be difficult, but I believe there is a lack of consensus on whether these firearms are currently legal in Texas. Carlson mentioned a couple posts above that his LGS is selling these and the only legal opinion I have seen says that they MAY not be legal in Texas.

This bill was meant to clarify the situation. The AG has not issued any opinions saying that they are currently illegal. Regardless, effective September 1 it will be blatantly clear that these firearms ARE legal in Texas.

[cyphertext]

So I live in Texas, have a CHL and DL. If I go into a shop in texas and buy a remington tac 14 or mossberg shockwave. Can I leave with the shotgun? (Thats the only question, idc about hypothetically. Yes or No) Has someone purchased one IN TEXAS and walked out the door with it, or are the mossbergs and remingtons piling up at ffl's unable to transfer/sell them?

Not "legally" until Sept 1st.

I will expect that with this amendment, that these types of firearms will be in high demand. I would still make a copy of the amendment, as well as the ATFE ruling, to show to any LEO, who may not be up to date. Especially if you plan to carry it anywhere besides, your property. JMHO

Not to be difficult, but I believe there is a lack of consensus on whether these firearms are currently legal in Texas. Carlson mentioned a couple posts above that his LGS is selling these and the only legal opinion I have seen says that they MAY not be legal in Texas.

This bill was meant to clarify the situation. The AG has not issued any opinions saying that they are currently illegal. Regardless, effective September 1 it will be blatantly clear that these firearms ARE legal in Texas.

Agree...Some have purchased them and are enjoying them here in Texas.

[Whitemagic]

UPDATE: Just NOW I called around to gun shops in Dallas. x2 of them said they would transfer a moss./remington (x1 shop actually has). x2 two shops said they are waiting for sept. 1st to read the official AG ruling in black and white... I called one shop in Houston and they said they sell/transfer ALOT of them. Sooooo