Mossberg Shockwave

Getting very close to shipping.

I have an advance sample in lockup at my dealer.
I have a copy of the two-page letter from ATF to Mossberg buying off on the new model, but in my state a 14-inch NON-NFA shotgun is defined as illegal.

I've forwarded that ATF letter to the appropriate state agency in Utah for determination, the agent I spoke to will be conferring with the local ATF office about their reasoning behind approving the model to see if it could be transferred over to a statewide approval/exemption, and I should be hearing something later today or tomorrow.

These things should be available on the open market shortly, but check your local situation out VERY thoroughly before ordering one.
Denis

The gun sitting in lockup at my dealer is a T&E sample for a write-up.
At this point I don't believe Mossberg's including a copy of the ATF letter with each one, I got mine emailed separately from the PR contact who arranged the test gun, once the question was raised about legality when my dealer got the gun in.
That may be something that Mossberg should include.

I'm not entirely sure if I'll be keeping the gun after the write-up's done, assuming the state allows possession.
If I do, I'll for damn sure keep a copy of either it or a letter from the state agency with it.

Wording in your state statutes is critically important, as Ewlyon points out.
Denis

PGOs have very limited utility, which is why I don't know if I'll keep it or not.
I already have an NFA 870 with folding stock that fits the same space & allows aimed shots from the shoulder open, and tight close-in action closed.

Since it has interest for others, I'll do the review & let them decide.

In the meantime, need to get my state to decide what its position is going to be, both for me to use the test sample & for others to buy.
Denis

Email back from the state agent.
He conferred with the local ATF branch in SLC, who decided ATF is considering the Shockwave to be a handgun.

State agent is then saying, based on that, to have dealers run the 4473 & background check as a "handgun", not as a "shotgun".

If run as a shotgun, the transfer will be denied, if run as a handgun, it "should" be approved.

This is only a tacit indication the gun's legal here.
I'm trying to get it in writing, since it makes no sense.
Traditionally, a smoothbore handgun is an NFA item.

I've also asked if the state agency will be disseminating its determination to dealers & LE statewide, to prevent multiple dealer hassles & some poor guy getting himself arrested by un-informed LE & turned into a court test case.
Denis

Room for all sorts of problems, which is why I'm trying to get an official letter & dissemination to LE agencies & dealers statewide.

So far, I'm apparently one of only four people in the state (one ATF agent, two state agents, and me) who "know" the Mossberg is apparently legal to possess in Utah, under state law.
Denis

The state agency here is now saying they will not render an opinion on the gun.
Which leaves it open to all sorts of dealer messes & false arrests.
Pursuing further, at the state legislative level.
Denis

Mossberg has shipped at least one, it's still at my dealer.
Denis

But- it won't be for much longer.
He & I are not willing to be test cases in criminal prosecutions, so until or unless we can prod the state into making a legal decision, he can't sit on it indefinitely, and I won't take possession even if he was willing to try to do a transfer.

Mossberg's sending a return label & it'll be going back to them.
Denis