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savasyn
09-01-2007, 12:56 AM
I'm trying to find out if 922(r) has anything to do with semi-auto shotgun magazine capacity.

Context for my question:
I have a Benelli M1 Super 90 and recently asked here why I couldn't put on the mag tube extension bringing it from 5 rounds to 7. The answer was 922(r) but no link was given pointing to the descriptive text. The only place I've seen shotgun capacity mentioned at all was in the federal AW ban which has sunset.

Here's what I've read through:
922(r)
"(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845(a) of the Internal Revenue Code
of 1986 and is generally recognized as particularly suitable for or
readily adaptable to sporting purposes, excluding surplus military
firearms, except in any case where the Attorney General has not
authorized the importation of the firearm pursuant to this
paragraph, it shall be unlawful to import any frame, receiver, or
barrel of such firearm which would be prohibited if assembled"

I looked up section 5845(a):
http://caselaw.lp.findlaw.com/casecode/uscodes/26/subtitles/e/chapters/53/subchapters/b/parts/i/sections/section_5845.html
(a) Firearm
"The term "firearm" means (1) a shotgun having a barrel or barrels
of less than 18 inches in length; (2) a weapon made from a shotgun
if such weapon as modified has an overall length of less than 26
inches or a barrel or barrels of less than 18 inches in length; (3)
a rifle having a barrel or barrels of less than 16 inches in
length; (4) a weapon made from a rifle if such weapon as modified
has an overall length of less than 26 inches or a barrel or barrels
of less than 16 inches in length; (5) any other weapon, as defined
in subsection (e); (6) a machinegun; (7) any silencer (as defined
in section 921 of title 18, United States Code); and (8) a
destructive device. The term "firearm" shall not include an antique
firearm or any device (other than a machinegun or destructive
device) which, although designed as a weapon, the Secretary finds
by reason of the date of its manufacture, value, design, and other
characteristics is primarily a collector's item and is not likely
to be used as a weapon."



Given that description, I do not see any mention of restrictions of a magazine capacity greater than 5 rounds on a semi-auto shotgun(or any, for that matter.)

Can someone please point me to the text that specifically says that I can not mount a mag extension tube on my Benelli? I didn't think they started naming specific features until the federal AW ban and then again in SB23. Shotgun magazine capacity is not listed in SB23.

Thank you very much!!

aplinker
09-01-2007, 1:55 AM
There are Federal laws on importing or assembling from imported parts "non-sporting" shotguns.

922 and 925 have mention of it.

This site is helpful.

http://www.findlaw.com/casecode/#federal

M1 Super 90 could be pre- and ok for 6+.

Sorry, but I've had my nose in penal law for the past 3 days so I'm too exhausted to go digging right now.


EDIT** I guess I'm not that tired...

478.39 Assembly of semiautomatic rifles or shotguns.

(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.

(b) The provisions of this section shall not apply to:

(1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or

(2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of 478.151; or

(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

(c) For purposes of this section, the term imported parts are:

(1) Frames, receivers, receiver castings, forgings or stampings

(2) Barrels

(3) Barrel extensions

(4) Mounting blocks (trunions)

(5) Muzzle attachments

(6) Bolts

(7) Bolt carriers

(8) Operating rods

(9) Gas pistons

(10) Trigger housings

(11) Triggers

(12) Hammers

(13) Sears

(14) Disconnectors

(15) Buttstocks

(16) Pistol grips

(17) Forearms, handguards

(18) Magazine bodies

(19) Followers

(20) Floorplates

[T.D. ATF–346, 58 FR 40589, July 29, 1993]

randy
09-01-2007, 2:28 AM
Looks to me like you are good to go. Section "(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes." I'm assuming you have an 18" turkey slug gun with rifle or ghost ring sites? Not a M1 Tactical gun. Last I looked Turkey hunting was a sport.

savasyn
09-01-2007, 8:45 AM
That's why I'm so confused here. They only mention "sporting purposes" but don't seem to actually define the term. They certainly don't specify shotgun magazine capacity.

In this case, the mag tube can be screwed off and the shorter one screwed back on. Doesn't that mean it's "readily adaptable to sporting purposes", if by some chance they do have a round limit buried in there somewhere?

Oh, to be clear, as I didn't say it up top, this shotgun has a pistol grip otherwise I don't think there would be any question.