Jump to content
IGNORED

Legal in nj?


Recommended Posts

9 hours ago, Booner said:

Then why is on shelves in NJ?? 

My buddy sells them here in NJ and I watched 2 people walk out the door after background check was done. 

I believe you are wrong by what I saw. I doubt my buddy who has his FFL for 30+ yes is doing anything wrong

THE NJ STATE POLICE HAS GIVEN OUT BAD INFORMATION. IMO If you get stopped you would be charged for having in posession an assult weapon and will be defending yourself in court. see below a summary on the 590 from EVAN NAPPEN you boys do know who he is?

 

Is the Mossberg “590® Shockwave”
Legal in New Jersey?
 
By Evan F. Nappen, Attorney at Law
 
The 12 Gauge Mossberg “590® Shockwave” is described by the factory as being 26.37” in overall length and having 14” barrels.

The company further states the following on its website:
 
“590® Shockwave -This 12GA offers legendary Mossberg pump-action reliability in a compact 14” barreled package. The Shockwave Raptor bird’s head pistol grip is uniquely shaped to minimize felt recoil…The Bureau of Alcohol, Tobacco, Firearms & Explosives has confirmed the 590 Shockwave as a “firearm” per the Gun Control Act (GCA), but not a Class 3/NFA firearm… ”
 
How is the 12 Gauge Mossberg “590® Shockwave” defined as under New Jersey Gun Law, and is it legal to possess? 

To properly determine the answer to this question one must examine a number of definitions in NJ Gun Law.
 
1) Is the 12 Gauge Mossberg “590® Shockwave” a “Firearm” under NJ Law?
 
Answer: Yes.
N.J.S. 2C:39-1f.  Defines “Firearm” as follows:
 
"Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.  It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person." (Emphasis added)
 
The 590® Shockwave is plainly a “Firearm” under NJ Gun Law.
 
 
2) Is the 12 Gauge Mossberg “590® Shockwave” a “Shotgun” under NJ Gun Law?
 
Answer: No.
N.J.S. 2C:39-1n.  Defines “Shotgun” as follows:
 
"Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition." (Emphasis added)
 
 
The 590® Shockwave is not a “Shotgun” under NJ Gun Law because it is not shoulder fired. It is designed to be fired with two hands.
 
 
3) Is the 12 Gauge Mossberg “590® Shockwave” a “Handgun” under NJ Gun Law?
 
Answer: No.
N.J.S. 2C:39-1k.  Defines “Handgun” as follows:
 
"Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand." (Emphasis added)
 
The 590® Shockwave is not a “Handgun” under NJ Gun Law because it is not fired with a single hand. It is designed to be fired with two hands.
 
 
4) Is the 12 Gauge Mossberg “590® Shockwave” a “Weapon” under NJ Gun Law?
 
Answer: Yes.
N.J.S. 2C:39-1r.  Defines “Weapon” as follows:
 
"Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury.  The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air." (Emphasis added)
 
The 590® Shockwave is a “Weapon” under NJ Gun Law because it is capable of lethal use and because it is a firearm.

 
5) Is the 12 Gauge Mossberg “590® Shockwave” a “Sawed-off shotgun” under NJ Gun Law?
 
Answer: No.
N.J.S. 2C:39-1o.  Defines “Sawed-off shotgun” as follows:
 
"Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches. (Emphasis added)
 
The 590® Shockwave is NOT a “Sawed-off shotgun” under NJ Gun Law because it is not a shotgun, it is not made from a shotgun and it is over 26” in overall length.
 
6) Is the 12 Gauge Mossberg “590® Shockwave” a “Destructive device” under NJ Gun Law?
 
Answer: Yes.
N.J.S. 2C:39-1c.  Defines “Destructive device” as follows:
 
"Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited.  The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes. (Emphasis added)
 
The 590® Shockwave is a “Destructive device” under NJ Gun Law because it is capable of firing a projectile greater than .60 Caliber (12 Gauge = .729 Caliber) and it is NOT a shotgun. Note: The "...or shotgun ammunition generally recognized as suitable for sporting purposes..." (Emphasis added) provision applies to the ammunition itself. Many misread this and think as long as the weapon fires shotgun ammunition it is okay, it is not. This is in the statute so that shotgun ammunition itself does not fall under the definition of a Destructive Device and be regarded, for example,  as a bomb, mine, or grenade.
 
Conclusion: The 590® Shockwave is therefore prohibited in New Jersey as a “Destructive device” under N.J.S. 2C:39-3a. This statute states: “Any person who knowingly has in his possession any destructive device is guilty of a crime of the third degree.”  It carries a maximum State Prison sentence of 5 years.

UPDATE:  An email was recently sent out to FFLs in New Jersey with a message from “THE NJSP FIREARMS INVESTIGATION UNIT.” It stated “…Mossberg Model 590 Shockwave, Black Aces Tactical DT and the Remington TAC-14. The New Jersey State Police Firearms Investigation Unit concurs with the Bureau of Alcohol Tobacco and Firearms (BATF) that these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm.”
I respectfully believe the NJSP are wrong.

 

HERE IS EVAN NAPPEN'S website link with article on the 590  EVEN HE AGREES WITH ME. http://www.evannappen.com/is-the-mossberg-ldquo590reg-shockwaverdquo-legal-in-new-jersey.html

Edited by bushden

HONOR THE FALLEN
https://thefallen.militarytimes.com/
Over the years the US has sent many of its fine young men & women into great peril to fight for freedom beyond our borders. The only amount of land we have ever asked for in return, is enough to bury those that did not return. COLIN POWELL

 

 

 

 

Link to comment
Share on other sites

This is very interesting. I read Nappen's website and at first I thought he was wrong. He says this is not a shotgun because it doesn't follow NJ's definition of a shotgun since "it is not shoulder fired. It is designed to be fired with two hands." I thought that doesn't seem right.

But then I looked up the owner's manual of that Mossberg 590 shockwave - and he is right. Even Mossberg explicitly says it is not designed to be fired from the shoulder - it is designed to be fired from the waist. See the manual here - on page 22: 

"Never hold the firearm at eye level and attempt to sight down the barrel. To avoid possible injury, firmly grip the forearm with fingers inside the fabric strap and one hand on the Raptor Grip. Raptor Grip models are designed to be held at waist level when firing."

I looked up NJ's definition and it really does say, "'Shotgun' means any firearm designed to be fired from the shoulder . . ." etc. etc.

So at least the version of the 590 with that raptor grip, I think Nappen is right. This is not a shotgun, but then that means this could technically be considered illegal due to it being a "Destructive device". 

The one with the raptor grip is the one the OP is asking about, too, NOT the one with the actual pistol grip - I have no idea how changing the raptor grip out and replacing it with a true pistol grip changes things legally. But the NJSP statement only talks about the pistol grip versions - NOT these raptor grip ones... NJSP says, "these pistol grip only designed firearms are legal for sale in the State of New Jersey as a firearm."

Being that we are in NJ, I certainly wouldn't want to be the first test case - I'd avoid buying one in this state. It is hard enough being a firearms owner in this state - I wouldn't want to own something like this and have to worry about some zealous police officer, prosecutor, and/or judge interpreting these laws in the way Nappen does.

Link to comment
Share on other sites

Nappen ain't the one putting the bracelets on you. He is there after they go on you. If the NJSP Firearms Unit,  who is guided by NJ AG and ATF is telling you something, and that the bracelets won't go on, that is the point where you listen. Every police department in the State takes the guidance and direction of the NJSP from their specialized units.

Edited by Bucndoe

There is nothing more intolerant than a liberal preaching tolerance 

God gives the toughest battles to his strongest soldiers

"Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy."

 

Link to comment
Share on other sites

1 hour ago, Bucndoe said:

Nappen ain't the one putting the bracelets on you. He is there after they go on you. If the NJSP Firearms Unit,  who is guided by NJ AG and ATF is telling you something, and that the bracelets won't go on, that is the point where you listen. Every police department in the State takes the guidance and direction of the NJSP from their specialized units.

While many guys think NAPPEN is the gun guru here in NJ .

His interpretation of laws to make it sound like he knows more causes more headaches .

just look at the 3 high profile cases he did in NJ , he lost all three, yet each was over turned because no laws were actually broken .

he constantly writes articles that expand the “ DEFINITION “ of laws to a spot they were not intended ..

 

Captain Dan Bias

REELMUSIC SPORTFISHING

50# Striper live release club.

 

http://reelmusicsportfishing.blogspot.com/

 

Link to comment
Share on other sites

1 hour ago, JimmyScags said:

Given the state police information given to FFL’s and widely circulated wouldn’t it be entrapment to prosecute you on it?

It wouldn't be entrapment, but it could be a defense if ignorance or mistake regarding the law was due to an "official interpretation of the public officer or body charged by law with responsibility for the . . . enforcement of the law defining the offense" and it was later found to be wrong:

Quote

 

N.J.S.: 2C:2-4. Ignorance or mistake

c. A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:

(1) The statute defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or

(2) The actor acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense; or

(3) The actor otherwise diligently pursues all means available to ascertain the meaning and application of the offense to his conduct and honestly and in good faith concludes his conduct is not an offense in circumstances in which a law-abiding and prudent person would also so conclude.

The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.

 

Here's the thing. And I preface this all by reminding everyone: We live in NJ - the state whose Superior Court has told us explicitly we own guns "at our peril" (their words, not mine). 

Suppose you go by what the NJSP says now -- that, according to them, their interpretation of the law is that it is a legal firearm. (BTW: just the fact that NJSP actually came out with a statement to declare the legality of this specific gun says to me already there is some question as to what it is. Has nothing to do with Nappen stirring the pot. The NJSP seems to think there is ambiguity enough that they released a statement to FFLs about it. I mean, you don't see them putting out statements saying a Remington 870 is legal. So there already seems to be a question about it - regardless of what Nappen has to say.)

OK, so you go and buy one because the NJSP says its OK. Now, next month, or next year, or when we get another Democrat Governor "whats-his-name", suppose the Governor wants to build up his anti-gun bona-fides and says, "No, that should not be legal; the NJSP interpreted the statutes incorrectly, they need to follow my and my attorney general's instructions", and he instructs his equally-liberal attorney general to put out a statement and also directs the NJSP to retract and change their initial determination. He could even base this decision, at least in part, on Nappen's analysis of the laws (and don't believe what Nappen says "just because" - go read the actual statutes he points to, and see if what he says makes sense - for example, is that gun a "shotgun" according to NJ law? No, it isn't.) 

That initial NJSP statement is worthless if they come out with an addendum or a retraction or a change... Tell me you can't see this happen in NJ: "Due to further legal analysis of the laws of the State of New Jersey, the Governor and the NJSP has changed its interpretation of the laws in question and now believes this gun is illegal. Prior assessment of its legality were in error."

Now what? You spent your money and own this gun that is now illegal, all because NJSP changed its mind on orders by the governor/attorney general, not through a change in the laws. You can't now say, "Well, 2 years ago, the NJSP told me it was legal." Maybe they told you that then, but now they are telling you it is illegal because they changed how they interpreted the statutes. This could easily happen. I mean, how many thousands of 15-round magazine owners are in this state that are now felons? Those mags were explicitly legal just a couple months ago! Now 15-round mag owners have to get rid of them. This gun isn't even explicitly mentioned in the laws - we're just going by what the NJSP interpreted the laws as. You don't think a Governor or politician won't look at this as "hey, I can make yet another gun illegal in NJ! Bonus!" Now you are screwed - you have a gun that you were told was legal, but now it is not, and it doesn't even require a change in the law. Just some anti-gun Governor who wants to flex his muscles and tells the state police and attorney general to interpret the law differently.

I reiterate what New Jersey's own Superior Court has told us regarding gun ownership and the legal peril gun owners put upon themselves in this state:

Quote

 

We are concerned here with a statute dealing with gun control. "New Jersey has carefully constructed a `grid' of regulations" on the subject. . . . This is an area in which "regulations abound and inquiries are likely," and where the overarching purpose is to insure the public safety and protect against acts and threats of violence. . . .

"[T]he dangers are so high and the regulations so prevalent that, on balance, the legislative branch may as a matter of sound public policy and without impairing any constitutional guarantees, declare the act itself unlawful without any further requirement of mens rea or its equivalent." . . .  When dealing with guns, the citizen acts at his peril. In short, we view the statute as a regulatory measure in the interests of the public safety, premised on the thesis that one would hardly be surprised to learn that possession of such a highly dangerous offensive weapon is proscribed absent the requisite license.

 

Yes, I'm a Debbie Downer and paranoid. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...