Texas-Book-Gun Law Armed And Educated - Flipbook - Page 77
The ATF’s determination that the 590 Shockwave was not an NFA
weapon occurred during the 2017 session of the Texas Legislature.
The 85th Texas Legislature responded by amending Texas Penal
Code Section 46.05 to state that weapons that are not subject to
NFA registration are not classified as prohibited weapons under
Texas law. Therefore, the Mossberg Shockwave and any other
firearm that the ATF determines to not be a short-barreled firearm
is not illegal in Texas.
D. Antique firearms and replica firearms
When is a firearm not legally a “firearm”? It is when the law defines
it as not being one, such as with “antique” firearms.
1. Federal definition of “antique firearm”
1898 or prior
The federal definition of firearm under Title 18, Section 921 of the
United States Code excludes “antique firearms.” Even though an
antique firearm still functions ballistically similar to a “modern”
firearm, under federal law, antique firearms are regulated differently.
An antique firearm under federal law includes any firearm with a
matchlock, flintlock, percussion cap, or similar type of ignition
system manufactured in or before 1898 or any replica of a firearm
just described so long as the replica “is not designed or redesigned
for using rimfire or conventional centerfire fixed ammunition, or
uses rimfire or centerfire ammunition that is no longer manufactured
in the United States and is not readily available in ordinary
channels of commerce.” See 18 U.S.C. § 921(a)(16)(A) and (B).
So, an “antique firearm” is not a “firearm” for purposes of federal
regulation; it is an “antique firearm.”
66 | CHAPTER FIVE
