This topic was making the rounds quite some time ago in my home state of Ohio. IIRC Mossberg has gone through all the proper channels and submitted the design to the NFA for approval prior to marketing and distributing it. Maybe I misunderstood the OP, but believe me, the ATF isn't going to suddenly "discover" the Shockwave nor suddenly "decide" it is a SBS or DD. Having said that, the public misperception of the Shockwave as being a "naughty" weapon is, although unintentional, a great marketing tool for Mossberg.