NY Judge Says Mossberg Shockwave Not A Firearm Under State Law
As Nolan’s attorney Peter Tilem explains:The Shockwave… is a legally interesting weapon that fires shotgun shells out of a 14-inch barrel, has an overall length of 26 inches and a special “bird’s head” grip. Because of its design, it is can’t be considered a shotgun, rifle nor a handgun under New York law, and no license is required to possess one in the state.
A shotgun with a barrel length under 18 inches is generally illegal to own and possess in New York, at least without a license; however, the Shockwave (and similar weapons) cannot be legally considered a shotgun, which is defined in New York Penal Code §265.00 as a weapon which is “intended to be fired from the shoulder.” Mossberg’s “bird’s head” grip, similar to a pistol grip, makes it impossible to fire from the shoulder. In addition, the Shockwave cannot be legally considered a pistol because a pistol by definition was designed to be fired by one hand. The Shockwave features a strap on the foregrip designed for the support of the second hand. The prosecution’s own ballistics expert referred to each of Nolan’s Shockwaves as an “other weapon” in his report, meaning that it was not a “firearm” as was charged in the indictment.