Mossberg 590 Shockwave in Florida, Legality of

Gun Laws, which by definition of the 2nd Amendment cannot exist in the first place, are fucking stupid…

I have not quoted or documented any of the Federal Laws and ATF chatter on the topic. It can be found here. It is assumed that you would not be here reading this if you did not already know the information found at this link.

790.001 Definitions. As used in this chapter, except where the context otherwise requires:

(1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.
(3)(a) “Concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.
(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.
(4) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:
(a) A device which is not designed, redesigned, used, or intended for use as a weapon;
(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;
(c) Any shotgun other than a short-barreled shotgun; or
(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.
(5) “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:
(a) Shotgun shells, cartridges, or ammunition for firearms;
(b) Fireworks as defined in s. 791.01;
(c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;
(d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.
The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (6).
(6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime.
(7) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.
(8) “Law enforcement officer” means:
(a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
(b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;
(c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;
(d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
(e) All peace officers;
(f) All state attorneys and United States attorneys and their respective assistants and investigators.
(9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.
(10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.
(12) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.
(13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.
(14) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.
(15) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current.
(16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
(17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.
(18) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.
(19) “Ammunition” means an object consisting of all of the following:
(a) A fixed metallic or nonmetallic hull or casing containing a primer.
(b) One or more projectiles, one or more bullets, or shot.
(c) Gunpowder.
All of the specified components must be present for an object to be ammunition.
History.—s. 1, ch. 69-306; ss. 13, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 32, ch. 73-334; s. 1, ch. 76-165; s. 12, ch. 77-120; s. 1, ch. 78-200; s. 19, ch. 79-3; s. 1, ch. 79-58; s. 1, ch. 80-112; s. 1, ch. 82-131; s. 162, ch. 83-216; s. 2, ch. 88-183; s. 43, ch. 88-381; s. 1, ch. 90-124; s. 1, ch. 90-176; s. 1, ch. 93-17; s. 1, ch. 97-72; s. 1202, ch. 97-102; s. 5, ch. 2000-161; s. 1904, ch. 2003-261; s. 1, ch. 2004-286; s. 1, ch. 2006-186; s. 1, ch. 2006-298.

Notice:

1) There is no definition of a shotgun in Florida Section 790; Definitions.
2) The bold phrase at the very top; “except where the context otherwise requires” is what activist judges use to alter the definition of the definitions to suit their agenda and functionally nullifies the definitions. The definitions can mean whatever they want them to mean.

This tells us that we cannot trust these facts to remain facts, and legislating from the bench is tacitly encouraged.

790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.
History.—s. 10, ch. 69-306; s. 1, ch. 89-312; s. 21, ch. 93-406; s. 1217, ch. 97-102.

This is the part that actually helps us. It essentially means that we defer to Federal Law.

Since the Mossberg 590 Shockwave does not fit the Federal definition of a shotgun, the Florida definition of a short-barreled-shotgun does not apply, since shotgun is not defined at any point. It cannot be a short-barreled-shotgun if it is not a shotgun in the first place.

If we ignore that, as a neo-soviet activist with a badge or gavel would, we are still left with 790.221(3). So, even if an activist judge/cop wants to invent a definition of “shotgun” that doesn’t exist in statute in order to cause the short-barrel-shotgun definition to apply, 790.221(3) muzzles them with clearly stated Federal deference. It’s not a shotgun, so it can’t be a short-barreled-something-it’s-not.

This satisfies my concerns, but it does still leave some questions unanswered.

It looks possible for the ATF to re-categorize the Mossberg 590 Shockwave as a Destructive Device. It also makes the similar Destructive Device definition in Florida Statue circular if an activist wants to invent a definition.

It also means that if your LGS calls it a “pistol” or “handgun” on the 4473, it would instantly become an unregistered smooth-bore AOW. If your LGS calls it a “shotgun,” it instantly becomes an unregistered SBS. I can’t imagine why this mistake would be made, but if your LGS calls it a “rifle,” it’s an instant SBR. They have to list it as “firearm” in the 4473 transfer or one word on a piece of paper bones you with no change to the item…

This also means, to me, that, even if your shotgun really is a shotgun, because it was “born” with a shoulder-stock; you could still put a pistol grip on it as long as the barrel remained 18+ inches long, and the overall length was still 26+ inches long. So, if you are the 5th owner of a shotgun purchased with a PGO, and you have no idea if it was “born” PGO or Shoulder Stock, you can go at least that far without worrying.

There is also the possibility that, since the 26in number is arbitrary and based upon the ATF’s whimsical and capricious notion of “concealable;” that if you were to conceal it, the AOW categorization might magically apply. So, if you intent to carry, open carry only.

I am not a lawyer. God willing, I never will be. This is my understanding of what I can read with logic applied. Government rarely involves logic. Thus, this is not advice.

Leave a Reply

Your email address will not be published. Required fields are marked *