NY Supreme Court say Mossberg Shockwave not a firearm!!!

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  • If that's the case then any store anywhere in the state of New York should be able to sell them over the counter no questions asked no paperwork right? How long until the legislature fans possession completely?

    I'm not sure this is good news. How is the shockwave sold? What is its ATF designation? Is it a pistol according to them is it a long gun according to them or is it marketed as a firearm? I think that's the designation that the New York supreme Court says it's not which means that it's designation will have to change to a pistol or a short barrel shotgun in the eyes of New York law.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    If that's the case then any store anywhere in the state of New York should be able to sell them over the counter no questions asked no paperwork right? How long until the legislature fans possession completely?

    I'm not sure this is good news. How is the shockwave sold? What is its ATF designation? Is it a pistol according to them is it a long gun according to them or is it marketed as a firearm? I think that's the designation that the New York supreme Court says it's not which means that it's designation will have to change to a pistol or a short barrel shotgun in the eyes of New York law.

    The way I read it , is under NY law it isnt a firearm so dont believe Federal Law comes into play as this gentleman was charged under NY law
     

    ToBeFree

    Ultimate Member
    Oct 5, 2011
    2,614
    Highland Cnty-Va
    01581350659
     

    Ponder_MD

    Ultimate Member
    Mar 9, 2020
    4,559
    Maryland
    Not a firearm? I can clearly see that it's not a pistol or handgun. Clearly I am not up on the legal nuances, especially outside of my state.

    noun
    noun: firearm; plural noun: firearms

    a rifle, pistol, or other portable gun.

    Don't get me wrong, I'm not complaining that a law abiding owner didn't go to jail.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,774
    Not a firearm? I can clearly see that it's not a pistol or handgun. Clearly I am not up on the legal nuances, especially outside of my state.

    noun
    noun: firearm; plural noun: firearms

    a rifle, pistol, or other portable gun.

    Don't get me wrong, I'm not complaining that a law abiding owner didn't go to jail.

    When you make unconstitutional laws on matters you have no idea about this is what you get...

    Remember with their (NY State) mag capacity they forgot to exclude the police officers.
     

    Athelney878

    Active Member
    Jan 9, 2021
    201
    Montgomery County
    As a reminder, New York’s state courts are weirdly named: a New York “Supreme Court” is actually the lowest, trial level state court.

    From lowest to highest, it goes: NY Supreme Court (lowest) -> NY Supreme Court Appellate Division (intermediate) -> NY Court of Appeals (highest state court in NY).
     

    tallen702

    Ultimate Member
    MDS Supporter
    Sep 3, 2012
    5,102
    In the boonies of MoCo
    Not a firearm? I can clearly see that it's not a pistol or handgun. Clearly I am not up on the legal nuances, especially outside of my state.

    noun
    noun: firearm; plural noun: firearms

    a rifle, pistol, or other portable gun.

    Don't get me wrong, I'm not complaining that a law abiding owner didn't go to jail.

    NY has very clear definitions of what is determined to be a "firearm" in their state laws. They pulled the NFA definitions to create their own laws in an attempt to be strict, but actually left the door open on "other weapons" which don't fall under any of their clearly defined categories. As such, because the BATFE doesn't consider the Shockwave to fall under the "Any Other Weapon" category, you don't have to worry about NFA restrictions. But because NY defines a pistol as a weapon meant to be fired by one hand (the shockwave is intended to be a two-handed weapon) and a shotgun as a weapon designed to be fired from the shoulder (the Shockwave's grip prevents it from being shouldered to fire) it skirts the law quite nicely making it a cash-and-carry non-NFA weapon in NY only requiring a standard 4473 and NICS check to purchase and possess.
     

    Ponder_MD

    Ultimate Member
    Mar 9, 2020
    4,559
    Maryland
    Ah, ok. This is a case of a state making contrived or tortured definitions with the aim of creating special laws instead of using commonly accepted definitions for common sense legislation.
    Yeah, looks like it works very well [/sarcasm].
     

    Uncle Duke

    Ultimate Member
    MDS Supporter
    Feb 2, 2013
    11,667
    Not Far Enough from the City
    Ah, ok. This is a case of a state making contrived or tortured definitions with the aim of creating special laws instead of using commonly accepted definitions for common sense legislation.
    Yeah, looks like it works very well [/sarcasm].

    Yep.

    They couldn't care less how much or how little sense the laws might make. They care only to exert control.

    This case will serve as a catalyst for them to revisit. When they do, they will do so with the goal to further restrict.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Still a Firearm under Federal law , specifically " other firearm " . Federal law still would have to be followed , but no additional NY State Laws .

    Newspaper articles implied he was flaky , possibly threatening . But media , particularly NY media , is well , you know ...... No evidence or charges presented regarding his behavior , only the Possesion .


    Meanwhile in Maryland , when these came out , the definition of Regulated Weapon was changed to include any firearms < 16in bbl .
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,144
    Give it a few days. A New New York State bill will be introduced.

    And I’d bet to ban it, not just make it difficult to purchase.

    Pass the ban, Try to give the guy his shockwave back. Arrest him if he takes it.

    It’s what they do.
     

    Kicken Wing

    Snakes and Sparklers
    Apr 5, 2014
    868
    WASH-CO
    I see Bloomberg having a cow over this. I think several of you are right... The ban for this gun is around the corner in NY state. I can see someone running through his backyard with one of these things already. "I am going to throw a million or two at it and make this go away."
     

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