Legality Remington TAC 14 and Mossberg Shockwave in NC

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ARGuy

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This is just a heads up to those who have purchased the TAC 14s and Shockwaves in NC. I have it on good authority that although these are legal under Federal Law, the Guildford County DA stand is that he will charge under state law in Guilford County for possession of a WMD. Take this information for what it is worth.


Let me re-emphasize that this was limited to one DA in Guilford County.


Ok, so in my attempt to hopefully help some unknowing TAC 14 owner from getting hemmed up, I may have over spoke. The info is that the Guildford County DA will charge, not that someone has been charged. Again, my intent is only to prevent somebody from getting screwed by an overzealous DA.
 
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How to research this?
 
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ARGuy said:
This is just a heads up to those who have purchased the TAC 14s and Shockwaves in NC. I have it on good authority that although these are legal under Federal Law, at least one person has been charged under state law in Guilford County for possession of a WMD. The firearm was also seized. Take this information for what it is worth.
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If he has been charged, then it's public record. Please state the first and last name and I'll look it up on the AOC website. Otherwise, I call BS.
 
As Ive only heard of this taking place in Guilford County, I would imagine directing the research there. People who know me personally and know what I do will understand that I have a little insight into LE and firearms. I personally feel its total bull%$#@ if this truly happened but knowing where I got my info, I fear its true.
 
Not sure how that would shake out. GS14-288 is pretty clear that a shotgun has to have an 18" barrel but ATF says these aren't shotguns. It all depends on what a local judge says. Then appeals.

The question is does the state have to accept the fed's definition?
I'll bet that will twist some knickers around here.
 
I just don't want to become a test case.
 
TSConver said:
Damn, guess they will have to arret about 6 durham county deputies that I transferred them for.
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I think you have an obligation to turn them in. ;)
 
I didn’t think sate law could trump fed law? I dunno I’m far from an attorney nor have I frequented any Holiday Inn’s lately.
 
NCGS 14-288.8 says,
Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

USC chapter 53 says,
(e) Any other weapon. The term 'any other weapon' means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

I would say that the state will drop the charge rather than loose it and make case law on this.
 
Perhaps so but somebody might end up in jail while the bureaucrats debate what to do.
 
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Here's another wrinkle, The shockwave is not an AOW

http://www.mossberg.com/wp-content/uploads/2017/03/Shockwave-Letter-from-ATF-3-2-17.pdf

Also from USC
For the purpose of this chapter-

(a) Firearm. The term 'firearm' means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term 'firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

So I don't really know how this will shake out.
 
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I would LOVE for him to come after mine. Let him go through all the crap he wants to, then show him the Form 4 AOW stamp. :D
 
ARGuy said:
This is just a heads up to those who have purchased the TAC 14s and Shockwaves in NC. I have it on good authority that although these are legal under Federal Law, the Guildford County DA stand is that he will charge under state law in Guilford County for possession of a WMD. Take this information for what it is worth.


Let me re-emphasize that this was limited to one DA in Guilford County.


Ok, so in my attempt to hopefully help some unknowing TAC 14 owner from getting hemmed up, I may have over spoke. The info is that the Guildford County DA will charge, not that someone has been charged. Again, my intent is only to prevent somebody from getting screwed by an overzealous DA.
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It's not a WMD (weapon of mass destruction). It's just classified as a "firearm" period. It's legal and being sold all over NC. My local gun shop has sold a lot of them.
 
Jeppo said:
So, it is a Weapon of Mass Destruction but ok to legally possess. :)
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It not not a WOMD. As long as the gun is not conceal carried and the owner is legally qualified to have the Shockwave, the gun is just a "firearm". The language in the letter makes this point very clear and definitive.
 
Magdump said:
It not not a WOMD. As long as the gun is not conceal carried and the owner is legally qualified to have the Shockwave, the gun is just a "firearm". The language in the letter makes this point very clear and definitive.
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Right, my mistake. I had to read it again. It is a Weapon of Mass DEATH and Destruction. ;)

IMG_5162.jpg
 
Jeppo said:
Right, my mistake. I had to read it again. It is a Weapon of Mass DEATH and Destruction. ;)

View attachment 30172
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Correct. In NC we get to add "Death" to the title!! All NFA items fall into that category.

But they get an exception because they're not an AOW or SBS.
 
I had no interest in the shockwave or Tac14 until I saw a vendor on armslist that had a couple with birdbeak grip removed and a pistol grip and SOB brace installed.
 
I was probably the first kid on my block to get the Tac 14 because I didn't really see them lasting on the market before recall. It seems that the powers have agreed to allow this to slide but if you have held, or fired one they are a hoot to shoot.
This isn't really anything new as we had them for use on special details (Governor's Security) back in the late 70's, early 80's. They were exactly as they are sold today, Raptor grip and all.......
Back then we installed a sling stud in the grip and fashioned a short loop sling and it hung under your armpit, roughly 12-14" and was fast as hell to swing up and get into action. If you had on a rain slicker or long winter coat it concealed very well.
I've changed the barrel on mine to a vent rib model so I can install a nite site bead as well as the weapon light on the M Lock forearm. Handy package..... Anybody want to buy a plain, 14" barrel w/bead sight???
 
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