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