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cvnhank
06-03-2006, 8:38 AM
Sorry if this was answered before (I can't find a definate answer), but is it allowed(legal) to have an extended mag tube with a pistol grip stock on a semi auto 12ga: i.e. 11-87 or Benelli? Thanks for the replies. Hank

AxonGap
06-05-2006, 10:29 AM
Sorry if this was answered before (I can't find a definate answer), but is it allowed(legal) to have an extended mag tube with a pistol grip stock on a semi auto 12ga: i.e. 11-87 or Benelli? Thanks for the replies. Hank

This is taken directly from CA DOJ Firearms laws (2006). I have omitted sub section 1-5 for the purpose of your question.

The term “assault weapon” also means any firearm that falls under one of the followingdefinitions pursuant to Penal Code section 12276.1:
(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.

cvnhank
06-05-2006, 10:08 PM
AxonGap,
Thanks Hank

esskay
06-06-2006, 12:23 AM
The controversy over extended mag tubes on imported guns such as Benellis with pistol grips revolves around IIRC federal 922r regulations, not Cali laws. Personally I haven't seen definitive answers either way, so I don't know what to believe.

ohsmily
06-06-2006, 11:43 AM
The controversy over extended mag tubes on imported guns such as Benellis with pistol grips revolves around IIRC federal 922r regulations, not Cali laws. Personally I haven't seen definitive answers either way, so I don't know what to believe.

It is perfectly legal. You just can't have BOTH a pistol grip AND an adjustable/folding/telescoping stock on a semi-auto shotgun...there is no reference to magazine capacity in CA law for shotguns.

gose
06-06-2006, 2:33 PM
The controversy over extended mag tubes on imported guns such as Benellis with pistol grips revolves around IIRC federal 922r regulations, not Cali laws. Personally I haven't seen definitive answers either way, so I don't know what to believe.

There is an ATF response that clearly states that adding a mag extension to an imported Benelli is a 922r violation, even without pistolgrip or telescoping stock.


A shotgun with a telescoping stock or a magazine greater than 5 rounds is prohibited from importation into the United States under the provisions of section 925(d)(3) of Title 18, United states code (U.S.C.). Assembly of such a shotgun from imported parts is prohibited under 18, U.S.C. Section 922(r). The implementing regulations in Title 27, Code of Federal Regulations, Part 478, Section 478.39 (formerly Part 178, Section 178.39) prohibit assembly of such a shotgun that contains more than 10 of the imported parts listed in paragraph (c) of the regulation. Please see the enclosed brochure for further information. Assembly of such a shotgun using 10 or less of the listed import parts is not prohibited. The shotgun is also subject to whatever State laws and local ordinances may apply.
We thank you for your inquiry and trust that the foregoing has been responsive to your request.
Sincerely yours,
John A. Spurgeon
Chief, Firearms Programs Division


Granted, I havent seen a scanned copy of the mail, but judging from the discussion around it on the forum it appeared, I have no reason to not believe that its authentic.

Hunter
06-06-2006, 10:07 PM
There is an ATF response that clearly states that adding a mag extension to an imported Benelli is a 922r violation, even without pistolgrip or telescoping stock. .....


Does anyone know when this provision of 922r was enacted for the shotguns? I know the part about importing non-sporting rifles was enacted in 11/90.

Now, I know one could buy a M1 or a M3 Benelli directly from your local HK dealer with Ghost sights, pistol grips and 7 rnd mags in early 1994. And the shotgun came in the factory red/wht box with the proper end labeling showing it was shipped that way from the factory (vs HK adding them in the USA). My guess it was enacted in the fall of 94 or there abouts, as the last shipment of M3s that came into the states in Aug/94 didnot come with mag extensions on them. But one could buy them and the pistol grip stock as an add-on at that time. Also I assume they were shipped that way in preparation for Sept/94 AW ban enactment.

So it begs the question of when this portion of 922(r) was added for the shotguns. If a date can be found, then any shotgun imported prior to the enactment could indeed have the extension tube added (of course it would have had too been done prior to the enactment date:rolleyes: Kind of along the lines of the early SAR-8 and xSAR-(3)8 situation with thumbhole stocks, for those that remember.)

I also have also seen the M3 folders, with the factory installed extension tubes and in the factory boxes, showing that configuration on the end label.