New from mossberg. Hawaii legal? (Read 35425 times)

mill8316

New from mossberg. Hawaii legal?
« on: January 19, 2017, 09:04:22 AM »
I figure this is suka's area of expertise. But wanted any input. Would these be legal to have/register here on Oahu?

Also what would the process/documentation be like?

And lastly does anyone know an ffl willing to bring them in if they are legal?

Here is the article:

http://www.ammoland.com/2017/01/mossberg-590-shockwave-non-nfa-pump-action/#axzz4WEfbwZwz

Any insight is appreciated. Thanks

mill8316

Re: New from mossberg. Hawaii legal?
« Reply #1 on: January 19, 2017, 09:14:16 AM »
I guess I should go further and say I have seen other topics here before about getting a receiver and doing similar. Including suka's stickied post above about NFA items.

I have also seen punaperson's post relating to this. But I am interested to know if I could just buy this shockwave 590 off the shelf and register it here in Honolulu without any NFA or getting arrested? And also how to get it here?

Thanks

changemyoil66

Re: New from mossberg. Hawaii legal?
« Reply #2 on: January 19, 2017, 09:34:20 AM »
I guess I should go further and say I have seen other topics here before about getting a receiver and doing similar. Including suka's stickied post above about NFA items.

I have also seen punaperson's post relating to this. But I am interested to know if I could just buy this shockwave 590 off the shelf and register it here in Honolulu without any NFA or getting arrested? And also how to get it here?

Thanks

According to Puna's post, HPD is okay with it, but MPD isn't.  Just to be safe, I wouldn't purchase it just yet.

aieahound

Re: New from mossberg. Hawaii legal?
« Reply #3 on: January 19, 2017, 09:45:06 AM »
Puna's is BIPD, not MPD.

I'm curious on the OP's question too.

bass monkey

Re: New from mossberg. Hawaii legal?
« Reply #4 on: January 19, 2017, 10:46:47 AM »
I think it would depend on how the LGS  registers it. 
If they import it and register it as a shotgun,  than you have to register it as a shotgun. 
If they import it as AOW  than you can register it the same.
I think it would be the same as AR  pistol receivers. 
Good luck getting a shop to bring it in for you the way your implying.

punaperson

Re: New from mossberg. Hawaii legal?
« Reply #5 on: January 19, 2017, 11:11:21 AM »
According to Puna's post, HPD is okay with it, but MPD isn't.  Just to be safe, I wouldn't purchase it just yet.
To be clear: 1. Hawaii County PD has definitely ruled that configuration "illegal"; 2. The information that HPD determined that configuration to be legal in the past was secondhand information. (I hesitated about opening the potential "can of worms" here on the Big Island because I figured that there would be communications between the departments and county counsels and the AG's office.) I wrote HPD several times asking for a clear statement of their policy regarding that configuration of a BATFE classified "firearm" and they have never responded to me. I didn't bother calling them on the phone because whoever you are talking to may or may not know what they are talking about, and the typical response may not be informed (see my post re the local BATFE agent's declaration that "That's illegal" (by BATFE standards)).

If the OP has the time and inclination I'd suggest you go into firearms registration with all the pictures and data you can assemble (including copies of the BATFE determination letters), ask to speak to the highest ranking supervisor who makes decisions about legality of firearms, and ask him. If he say it's legal, ask for some documentation from the HPD, and then you'd have to (possibly) educate a dealer about the section of the 4473 regarding "firearm" if they aren't already familiar with the issue (though I suspect that now that Mossberg has gone into production that most dealers are aware of the situation).

Anyone who undertakes this project on Oahu (or elsewhere in Hawaii), please post your experience! Thanks.  :shaka:

London808

Re: New from mossberg. Hawaii legal?
« Reply #6 on: January 19, 2017, 11:14:40 AM »
In Hawaii by law it's a pistol.  You guys put to much weight on what the police say. They do not make that determination, Their determination is an opinion, not law.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

punaperson

Re: New from mossberg. Hawaii legal?
« Reply #7 on: January 19, 2017, 11:29:22 AM »
In Hawaii by law it's a pistol.  You guys put to much weight on what the police say. They do not make that determination, Their determination is an opinion, not law.
Whatever the true legal status of their "opinion", I was told that should I bring such a configured firearm to be registered that it would be confiscated as "illegal" (they didn't say if I would be arrested for any violation(s), and I didn't ask). As I stated in the other thread, not having the means to successfully wage a lawsuit, I declined the encounter.

mill8316

Re: New from mossberg. Hawaii legal?
« Reply #8 on: January 19, 2017, 02:05:20 PM »
I definitely don't plan on being the trailblazer on this one. I think I will wait too one of the braver, richer and more law studied people tries it first.

I just wanted to see people's opinions and see if anyone had any Info or experience on this topic, or specific evidence for or against it.

eyeeatingfish

Re: New from mossberg. Hawaii legal?
« Reply #9 on: January 19, 2017, 09:13:55 PM »
Whatever the true legal status of their "opinion", I was told that should I bring such a configured firearm to be registered that it would be confiscated as "illegal" (they didn't say if I would be arrested for any violation(s), and I didn't ask). As I stated in the other thread, not having the means to successfully wage a lawsuit, I declined the encounter.

The problem lies in the fact that there is no state definition of what a shotgun is. It is by definition of Hawaii state law a pistol but that doesn't mean they won't say it is also a shotgun.  I don't think they have grounds to do that but when the law is unclear they tend to treat on our rights.

One of the gun stores is working back and forth with HPD when I last talked to him a few days ago. If he is successful I think he will post it on his store page here.

Heavies

Re: New from mossberg. Hawaii legal?
« Reply #10 on: January 19, 2017, 09:59:44 PM »
In the past a questionable item would get inspected by the local ATF office, then they make the determination.  Per readings from SUKA. If they give you trouble you may have to sue.  They can do illegal shit, you cannot.   >:(

whynow?

Re: New from mossberg. Hawaii legal?
« Reply #11 on: January 19, 2017, 10:10:09 PM »
Regardless of the designation in HI, that looks like a wrist breaker to me  :shake:   Maybe i'm just getting old.

Heavies

Re: New from mossberg. Hawaii legal?
« Reply #12 on: January 19, 2017, 10:17:40 PM »
I think it would be pretty cool with those Aguila mini shells.   Supposedly you can fit 9 or 10 of them in there with an adapter.

mill8316

Re: New from mossberg. Hawaii legal?
« Reply #13 on: January 20, 2017, 12:11:24 AM »
Regardless of the designation in HI, that looks like a wrist breaker to me  :shake:   Maybe i'm just getting old.

I was planning on only using 3" slugs... Nah nah. Jk. I was thinking about going the heavies route and trying it with the Aguila mini shells.

changemyoil66

Re: New from mossberg. Hawaii legal?
« Reply #14 on: January 20, 2017, 10:08:48 AM »
I was planning on only using 3" slugs... Nah nah. Jk. I was thinking about going the heavies route and trying it with the Aguila mini shells.

Only Cyberdine Systems Model T-101 can fire that with 1 hand from a motorcycle.

eyeeatingfish

Re: New from mossberg. Hawaii legal?
« Reply #15 on: January 23, 2017, 10:00:41 AM »
Can you put a pistol grip on it? I sometimes shoot a shotgun one handed with the pistol grip.

Heavies

Re: New from mossberg. Hawaii legal?
« Reply #16 on: January 23, 2017, 03:05:11 PM »
Can you put a pistol grip on it? I sometimes shoot a shotgun one handed with the pistol grip.

Can not, because the OAL will then be too short and it'll become a different category of weapon.

punaperson

Re: New from mossberg. Hawaii legal?
« Reply #17 on: January 23, 2017, 04:02:26 PM »
Can not, because the OAL will then be too short and it'll become a different category of weapon.
Not only that, but if you were to make your own, via modification, you must 1. start with a Pistol-Grip-Only shotgun (that is a BATFE legal designation and so marked at the factory), and then 2. remove the pistol grip handle and attach the bird handle grip PRIOR to sawing off the excess barrel length, in order to always maintain at least that minimum length. To do it in reverse order makes you a criminal! AND you cannot allow a regular shoulder stock to even touch (much less install onto) the firearm once the pistol grip has been removed because doing so invalidates the Pistol-Grip-Only status and it can never go back to being a Pistol-Grip-only firearm! You can't make up shit like that! We have to pretend that these laws are "rational" or "logical"? PUH-leeeeese! I imagine some prankster at the Mossberg factory assembly line every day (when no one is looking) pulling a shoulder stock out of his backpack and quickly touching every gun before him, thus creating all illegal weapons to be sent out to unsuspecting buyers, and unbeknownst to all the would-be BATFE enforcers. Crazy, man!

RSN172

Re: New from mossberg. Hawaii legal?
« Reply #18 on: January 23, 2017, 04:55:13 PM »
I would like to get one of those and keep it loaded with buckshot mini shells.
Happily living in Puna

punaperson

Re: New from mossberg. Hawaii legal?
« Reply #19 on: February 02, 2017, 11:15:11 AM »
Could anyone on Oahu, where they have supposedly been registered, or any other island please provide me with either 1. documentation that such a weapon (pistol grip, overall length greater than 26", barrel 14" (or anything under 18"), fires shotgun shells) has been registered (feel free to redact any personal information), and/or 2. any documentation or anecdotes about inquiring into the legality of such a firearm and the response of any Hawaii Police Department (especially Honolulu)?

I'd appreciate it.  :shaka:

Example:

Mossberg 590 Shockwave