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View Full Version : Benelli M3 pistol grip legal?


freshdesigns@hotmail.com
02-11-2010, 2:09 PM
Ok, is the M3 (pump/semi auto) shotgun legal to own if it has a pistol grip and extended mag or does it need to have one or the other? If one or the other, what is the max mag capacity allowed with a pistol grip?

ke6guj
02-11-2010, 2:12 PM
http://www.calguns.net/caawid/sgflowchart.pdf

Quiet
02-11-2010, 7:39 PM
Not answered in the flowchart...

Federally...

IF the Benelli M3 was imported into the USA after 1994 and it has a pistol grip, then it can not legally have a capacity of greater than five rounds.

Must comply with the 922r parts compliance, to legally increase the capacity to greater than five rounds.

ke6guj
02-11-2010, 7:45 PM
the flowchart covers the legality of the shotgun as it sits there. OP asked it if it was legal to own a specific shotgun cofiguration.

Plisk
02-11-2010, 7:55 PM
Think of it this way with a semi-auto shotgun.

1. Pistol Grip
2. Retracting/telescoping stock.

You can only pick one.

Also, no detachable magazines.

freshdesigns@hotmail.com
02-11-2010, 7:57 PM
Well, it has pistol grip stock (non folding) and just want to know if it's limited to 5 rounds or if a mag extention is allowed.

ke6guj
02-11-2010, 8:02 PM
there is no federal magazine limit to a shotgun, and it would be limited to 10-rounds in CA on a semi-auto shotgun (per large-capacity magazine regulations, not per any specific shotgun rules).

922(r) might apply, but that does not say that you can't go with an extension, but you might have to swap some parts around to comply with 922(r).

EBR Works
02-12-2010, 8:41 AM
there is no federal magazine limit to a shotgun, and it would be limited to 10-rounds in CA on a semi-auto shotgun (per large-capacity magazine regulations, not per any specific shotgun rules).




Someone correct me if I'm wrong please, but there is no 10 round limit for semi shotguns. This is only applicable to centerfire rifles. If you own a 11+ round mag for you Saiga 12, for example, that you purchased before 2000, you can use it.

PEBKAC
02-12-2010, 9:12 AM
Someone correct me if I'm wrong please, but there is no 10 round limit for semi shotguns. This is only applicable to centerfire rifles. If you own a 11+ round mag for you Saiga 12, for example, that you purchased before 2000, you can use it.
No ten round limit that will trigger AW laws at any rate. Obviously post 2000 high capacity shenanigans will still be an issue even with a tube fed shotguns unless it happens to be lever action...

ke6guj
02-12-2010, 12:34 PM
Someone correct me if I'm wrong please, but there is no 10 round limit for semi shotguns. This is only applicable to centerfire rifles. If you own a 11+ round mag for you Saiga 12, for example, that you purchased before 2000, you can use it.correct, there is no magazine limit for semi-auto shotguns. You could use a 20-round magazine in your fixed-mag Saiga 12 without violating the AW laws. Now, how you acquired the magazine may violate the magazine regs, but the usage of that mag in the Saiga-12 would not be a crime. As an example, an LEO friend could own some 11+round mags and lend them to you while you are both at the range. That magazine could then be used inthe Saiga-12 without violating any law.

50 Shooter
02-12-2010, 1:26 PM
The M3 is legal if it doesn't have the folding stock, the AW law stated that if it had both a pistol grip and folding stock or detachable mag (or combo of the three) then it had to be registered.

If you have just the pistol grip and fixed stock you are good to go, seeing how it doesn't accept a mag that's a non issue.

Flopper
02-12-2010, 3:30 PM
922(r) might apply, but that does not say that you can't go with an extension, but you might have to swap some parts around to comply with 922(r).

Is 922(r) ever actually enforced against anyone other than dealers? Do private citizens ever go to prison over this?

bignotti
02-13-2010, 6:52 AM
The best answer to your legality question of increasing magazine capacity is to discover whether the M3 was ever imported into the country in that configuration. That may involve some work. Stay with the facts, not hearsay. If it wasn't imported with a larger magazine and you wish to change it to a larger magazine, you need to discover the number of "critical parts". That is accomplished by identifying your model (and preferably a picture) of your M3 and sending a letter to the BATFE Firearms Division in Virginia I believe. It takes about 6 to 8 weeks to get a letter back. From what I can determine, 922r pertains to assembly, not possession. That might not mean that you might not lose your weapon. If you put a larger magazine on it (that wasn't imported) then you will need to bring you "critical parts" total down to 10 from whatever number the BATFE says that your model (in its current configuration) has.

thefitter
03-18-2010, 11:34 AM
The best answer to your legality question of increasing magazine capacity is to discover whether the M3 was ever imported into the country in that configuration. That may involve some work. Stay with the facts, not hearsay. If it wasn't imported with a larger magazine and you wish to change it to a larger magazine, you need to discover the number of "critical parts". That is accomplished by identifying your model (and preferably a picture) of your M3 and sending a letter to the BATFE Firearms Division in Virginia I believe. It takes about 6 to 8 weeks to get a letter back. From what I can determine, 922r pertains to assembly, not possession. That might not mean that you might not lose your weapon. If you put a larger magazine on it (that wasn't imported) then you will need to bring you "critical parts" total down to 10 from whatever number the BATFE says that your model (in its current configuration) has.


Just because it was/is not imported in that configuration does not necessarily mean that it was formally prohibited from being imported in that configuration.