Can I Legally Carry a Mossberg Shockwave Weapon Concealed in Virginia?

Mossberg 590 Shockwave
Mossberg 590 Shockwave

Virginia – -(Ammoland.com)- One of Virginia Citizens Defense League’s attorneys shared his thoughts on the diminutive hand-held Mossberg Shockwave shotgun like weapon:

Mossberg 590 Shockwave 12ga 14″ Barrel

1) Neither the Code of Virginia nor the Virginia Administrative Code offer a definition of Shotgun that applies throughout. There IS a definition in § 29.1-100 which might be considered persuasive, but it specifically says that it only applies to that Title (Game, Inland Fisheries, and Boating). That code section states that:

“Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore or rifled shotgun barrel either a number of ball shot or a single projectile for each single pull of the trigger.

And even under that definition the Shockwave would not be a “shotgun” since it is not “intended to be fired from the shoulder“.

Absent state-specific guidance, I believe that the courts would accept the ATF designation.

2) It is NOT a handgun and therefore cannot be concealed, even if you have a CHP.

3) As far as having a loaded Shockwave in your vehicle, § 15.2-1209.1 only governs firearms used for hunting. However, game wardens have historically used the presence of long guns in a vehicle as circumstantial evidence of intent to hunt. You should just be aware that this argument might be made.

Virginia Citizens Defense League

 

About Virginia Citizens Defense League, Inc. (VCDL):

Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

For more information, visit: www.vcdl.org.

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Ken

How does concealing change a firearm into AOW? How can your firearm be only for home defense? 4473 is for 1 to purchase a firearm. A handgun is used for home and personal defense but can be concealed carry. If a shockwave is in your car it’s concealed and it’s a firearm. It doesn’t change the dynamics of the weapon or it’s use. I don’t get it

m.

full employment act for d-suckers in lawyer suits

Jose

Part of the legalese that makes the Shockwave non-NFA is that a handgun is “able to be concealed…”. As soon as you carry it concealed it becomes a smooth bore pistol and falls under NFA. It’s in the ATF letter that comes with the “firearm”.

Steve W

No, in Virginia, you can not carry the Shockwave , or the Remington TAC-14 firearms concealed as the Virginia CHP is just as the acronym implies, it is a Concealed Handgun Permit.
Neither of these Firearms are handguns by any definition
If you carry it in your vehicle, I would carry it Unloaded. And locked in the trunk.
These firearms or designed a Home Defense guns, and are Excellent for that!
V.C.D.L. Member

Matt in Oklahoma

The question should read: Can I control every pellet coming out of it? Will the slugs over penetrate in a crowd?
NO
Then leave the toy at home

Prb

No one wants over penetration, it’s the nightmare of every officer. If you use the Aginla shorty 12 gauge slugs (1.5” shells)- it’s chance of over-penetration is less likely . There is an adaptor that takes 5 seconds to put in, and increases the capacity to 9 rounds. The best of all worlds, and the perfect round for this forearm (IMHO).

le kenobbie

Shockwave
In what states can this be carried concealed?

John Keith

As I recall, all states limit concealed carry to handguns, as defined by ATF. The Shockwave is an “any other” weapon and doesn’t qualify as a hand gun.

Dean Weingarten

Quite a few. Most state laws are about “concealed weapons” not “concealed handguns”.
But some states specify “handguns” in their concealed carry permit systems. There are other laws that specify “handguns”, such as Arizona’s law that creates an exemption for people with concealed carry permits to carry concealed handguns in places that serve alcohol.

You have to look at the statutes in each state to know for sure, and there are some that will be ambiguous.