View Full Version : 7+1 round capacity of a semi-auto shotgun

08-01-2005, 9:52 PM
Guy at a gunshop told me that it is illegal for a semi-auto shotgun to have more than 5 round capacity.


08-01-2005, 10:07 PM
Only if it has a pistol grip. If it has a regular stock, then you can have 10+1.

Technical Ted
08-01-2005, 10:43 PM
Originally posted by kantstudien:
Only if it has a pistol grip. If it has a regular stock, then you can have 10+1.
Wrong. Read 12276.1 again:
No restriction on capacity.
12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:...
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.

08-02-2005, 12:30 PM
If I recall correctly, I think the semi-auto shotgun/5 round limit was part of the now-expired Federal assault weapon ban.

I've heard there may be an issue with imported semi-auto shotguns and 922r, but I haven't taken the time to look in to it, and I'm not a lawyer anyway.

08-02-2005, 2:25 PM
AWB never expire in the golden state.

Technical Ted
08-02-2005, 4:06 PM
Originally posted by akspetsnaz:
AWB never expire in the golden state.
The Federal 94 AWB expired last September (9/13/04 specifically). Different qualifying charecteristics contained in California SB23 which went into effect 01/01/01.

The Fed definition of an AW does not exist.

Read 12276.1 as quoted above.

For instance, the Fed AWB considered threaded muzzles as a qualifier. CA's AWB doesn't count threaded barrels as an evil characteristic on rifles (handguns yes).

08-02-2005, 5:03 PM
More correct term:

California's AWB never expire.

08-02-2005, 7:39 PM
Originally posted by akspetsnaz:
Guy at a gunshop told me that it is illegal for a semi-auto shotgun to have more than 5 round capacity.


Was this at Trader's in San Leandro?

Technical Ted
08-02-2005, 8:24 PM

I noticed you have an earlier thread regarding the Benelli M1 S90 Tactical. Because they are manufactured outside of the US and imported here for sale, one cannot legally install a magazine extension to increase their capacity under ATF 922R. There is a way around it if you replace specific original parts with US manufactured parts--somebody else can dig that list up. If a magazine extension is installed without first replacing some of the original proscribed imported parts with US manufactured parts, the Benelli would lose its status as a "sporting firearm".

This has nothing to do with Federal or State assualt weapon bans.

It would be legal to add a magazine extension to a US manufactured Remington Model 11-87 or Model 1100 semi-automatic shotgun to increase the capacity above 5 rounds.

08-02-2005, 9:04 PM
Was this at Trader's in San Leandro?

No. Someone at Turner's.

Let use the M1 S90 Tactical as an example, what if it has normal rifle stock, is it ok to have magazine extension?

It takes one imported part off and add another one imported part on. So there is no change at all in terms of the total imported component of the M1 S90.

Technical Ted
08-02-2005, 9:30 PM
This was discussed here awhile back:
http://calguns.net/groupee/forums/a/tpc/f/545600176/m/1...10979511#72210979511 (http://calguns.net/groupee/forums/a/tpc/f/545600176/m/13010939511/r/72210979511#72210979511)

08-09-2005, 3:06 PM
This is one of the most misunderstood and over-reactive subjects out there.

What you were told is true in part, but does not apply to Benellis or HK/FABARM shotguns or many other brands of imported firearms for the following reason. 922r applies to all imported firearms UNLESS the importer also holds a Type 7 FFL (Manufacturing) or better. Because Benelli USA possesses a Type 7 FFL and have for many years, all guns they import are entirely exempt from 922r. Anything Benelli imports under the Benelli USA trade name is exempt from 922r provisions. Imported firearms that are imported by Type 7 licensees are treated exactly the same as if the firearms were manufacturered domestically. This is why it is perfectly legal to add a magazine extension or even a folding stock to a Benelli (unless illegal in your state). This is why Benelli can import/manufacture and sell the Practical model (extended magazine tube) and the M4/M1014 WITH the collapsible stock. HK and their line of FABARM shotguns are another example. HK is a licensed Type 7 manufacturer and can import the FABARM line of shotguns without regard to 922r.

Other imported firearms do not have this exemption because their importers are not also Type 7 FFL holders in the U.S. Type 7 FFLS are expensive and require that firearms actually be manufactured for commercial sale, which is not an inexpensive or hobby endeavor.

Therein lies the seeming discrepancy, it's the statutory exception to 922r. Read 922rB1 - "These provisions shall NOT apply to...."

Hope this helps.