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Get the latest facts on the new NY SAFE gun laws that effect you!

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new Mossberg pump- legal in New York?


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121 replies to this topic

#1 lidreamer

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Posted February 09 2017 - 09:35 PM

Was wondering about whether this would be legal in New York. It's a new Mossberg pump. https://www.gunsamer...shot-show-2017/

 

Sorry meant Mossberg in subject!


Edited by lidreamer, February 09 2017 - 09:36 PM.


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#2 OneLowRider

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Posted February 09 2017 - 09:41 PM

Don't know how a 14" barrel would go over in NY 



#3 Jaredwii

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Posted February 09 2017 - 09:45 PM

Noticed that shotgun for sale for $260 new online but i shall not reveal the website lol i wanna get the dibs first but need to make sure if its legal in NY tho.



#4 Camaro45th

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Posted February 09 2017 - 09:48 PM

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#5 FDEMTNYC

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Posted February 09 2017 - 10:36 PM

I think 16" barrels are the shortest legal length in NYS.

#6 zzrguy

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Posted February 09 2017 - 10:57 PM

How do you make sure its legal the NYSP will mostl likely say no and then theres the safe act. Oh if it is legal there will be one in my closet faster then you can say " Oh Hell yaeh."



#7 zzrguy

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Posted February 09 2017 - 11:08 PM

Fixes the title for you.


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#8 only7rounds

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Posted February 09 2017 - 11:17 PM

I believe it would be considered a handgun in New York. At one time they would allow you to register an Ithaca Stakeout on your pistol license.

Do not know how this would fly.

It is NOT a shotgun since it is not intended to be fired from the shoulder.

If you put a buttstock on it I think it becomes an NFA weapon.


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#9 Steyr AUG man

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Posted February 10 2017 - 12:17 AM

Not a shotgun in NY because not intended to be fired from the shoulder.
 
12. "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 either a number of ball shot or a
single projectile for each single pull of the trigger.

 
Not a firearm, as was not made from a shotgun. 

3. ""Firearm" means (a) any pistol or revolver; or ( b ) a shotgun having
one or more barrels less than eighteen inches in length; or © a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.
 

 

That being said. They can get you under

 

265.01 Criminal possession of a weapon in the fourth degree.

A person is guilty of criminal possession of a weapon in the fourth degree when:
(1)...; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol,

or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; 

 

when they consider that statutory presumption of intent is presumed under section 265.15 sub 4

 

4. ....  The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another. 


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#10 LarryD23

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Posted February 10 2017 - 07:36 AM

Interesting question. From my research, it's not a shotgun and it's not a rifle. It's also not a pistol since it seems that ATF defines a pistol as ‘designed to be held and fired by the use of a single hand’. Give me a moment to step out of the way while you attempt to fire a 12 gauge with one hand.

 

My best guess is that ATF would classify it as:

 

"Any Other Weapon”

26 U.S.C. § 5845(E)

For the purposes of the National Firearms Act, 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
  • 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.

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#11 William Anthony

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Posted February 10 2017 - 08:56 AM

Would a pistol grip on a shotgun be illegal ..??



#12 hoodfu

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Posted February 10 2017 - 09:11 AM

 

Interesting question. From my research, it's not a shotgun and it's not a rifle. It's also not a pistol since it seems that ATF defines a pistol as ‘designed to be held and fired by the use of a single hand’. Give me a moment to step out of the way while you attempt to fire a 12 gauge with one hand.

 

My best guess is that ATF would classify it as:

 

"Any Other Weapon”

26 U.S.C. § 5845(E)

For the purposes of the National Firearms Act, 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
  • 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.

 

 

The ATF defines it as a "firearm", not an AOW. The shockwave isn't "concealable" because it's more than 26" long.



#13 hoodfu

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Posted February 10 2017 - 09:12 AM

Would a pistol grip on a shotgun be illegal ..??

 

As of the SAFE act, pistol grips aren't illegal on shotguns in any form, only on semi-auto rifles with detachable magazines. That said, the shockwave isn't even a shotgun by NY's and ATF's legal definitions.


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#14 lidreamer

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Posted February 10 2017 - 09:37 AM

In action-

 

more information-

http://shockwavetech...om/site/?p=3338

 

It doesn't seem like this gun is available yet.



#15 Netduke

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Posted February 10 2017 - 10:06 AM

If NY actually allows these not AOW, not Shotgun, not SBS, not Pistol, Firearm things... I would buy one of these Mossbergs in an instant along with one of these 

https://fostechoutdo...ct_detail&p=143

 but I bet it would be somehow banned the instant any NY politicians see a picture of it.



#16 LI Ammo

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Posted February 10 2017 - 10:22 AM

I've been reading and re-reading definitions since I first saw this thing advertised as a shot show item. Since it defies all definitions of the NY State Penal code regarding shotguns and firearms, I would not be surprised if NY decides it is a "dangerous weapon".

 

I think we can all agree that it is not a rifle, shotgun or firearm (pistol) under NY law.  A little bit like a Mare's Leg.

 

Also, I do not fully understand the ATF decision to not identify it as an AOW. But hey, stranger things have happened.


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#17 only7rounds

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Posted February 10 2017 - 10:48 AM

The State Police Technical Section can declare it to be a pistol and allow it to be put on a pistol license.



#18 Parashooter

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Posted February 10 2017 - 11:28 AM

The State Police Technical Section can declare it to be a pistol and allow it to be put on a pistol license.

 

Nope.  It's gotta be over the 50 ounce limit for a pistol in NY


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#19 Camaro45th

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Posted February 10 2017 - 11:51 AM

Did they say what size shell it shoots

#20 jorel

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Posted February 10 2017 - 12:37 PM

Nope.  It's gotta be over the 50 ounce limit for a pistol in NY

It can't be the ONLY evil feature. You can still buy .460 and .500 S+W revolvers and they far exceed the 50 ounce weight limit. That weight limit only applies to semi-automatic actions, which the Mossberg is NOT.

It's a 12 gauge pump.


Edited by jorel, February 10 2017 - 12:38 PM.

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