Benelli mag extention question.

[crazy]

I posted this under 2nd A., Pol and Law. Maybe it should be here.



I have a question about a Benelli M1Super 90 tactical shotgun. It has the factory pistol grip stock. I have been told different things by different people and gun shops(go figure). Can I put a mag extention on it legally? One person told me not with the pistol grip stock. One gun shop said no problem. I have read something about 922 with M4 shotguns using US made parts. I do have a straight stock that I bought. Would that make a difference? If this post should be under shotguns, please move it there.

[Quiet]

Fed 922r triggers when you increase the capacity of an imported semi-auto shotgun to over 5 rounds.

So, you will need to comply with Fed 922r with the Benelli M-1 Super 90.

That said, (AFAIK) the H&K marked Benelli M-1 Super 90 and M-3 Super 90 shotguns were "grandfathered" in due to being imported into the USA prior to Fed 922r going into effect.

[randy]

Depends on the age of the shotgun. There are lots of questionable areas of this and how your shotgun is configured.

[crazy]

It's not a HK Benelli, it's a Benelli Benelli. I bought it about 10 years ago and it's bone stock. Nothing has been done to the original configuration. I think it holds 4+1 and has the factory pistol grip stock. When I was buying some reloading stuff at a gun store, they had an 1100 with a mag extension and PG stock that was all factory. That was one of the places that I asked about the law. They told me no problem, but I didn't think they were right. That's why I asking here.

[PEBKAC]

Now, what I heard was that because Benelli possesses a type 7 (manufacturing) license, the guns they import are not subject to 922(r). I found that on the Benelli forums, and the person who posted it claimed it came from somewhere over here on Calguns...

Here's the thread...

http://www.benelliusa.com/forum/showthread.php?t=15727

Now if you look in the thread there are about as many opinions on whether that is a correct statement of the law as there are posts, but I thought it bore mentioning.

Please bear in mind that this could be FUD. Just thought I would bring it up though.

EDIT: Confirmed as FUD on 2A Poli/Law. Disregard it...

[crazy]

Anyone that would like to respond, please do so on here.

http://www.calguns.net/calgunforum/showthread.php?t=186195

I posted here because no one replied to my other post at first.

[ERdept]

Would the flow chart not be appropriate here?

[allenst65]

Food for thought.

After 2004, Benelli printed in their catalogs that the magazine extensions were now legal (following the expiration of the '94 ban) and offered them for sale.

Some time later, there was a supposedly a ruckus between Benelli and ATF and Benelli pulled the tubes off the site, out of their catalogs, and restricted them for LE and Govt sale.

Every internet commando screamed it was due to 922(r) and the semi-auto restrictions. Please note, Benelli not only pulled the semi-auto extensions off the market, but also those for the Nova pump shotgun. Make sense?

Was there ever an official policy statement in print from Benelli reversing their previous printed "OK" on the tubes? No. Has there ever been an official clarification made from ATF? No. Does the issue of shotgun magazine extensions even appear in 922(r)? No. Does it appear in any of the sections referred to through 922(r)? No.

Jumping ahead, Benelli pays their sponsored shooters Tom Knapp and Tim Bradley to travel around the country performing shooting exhibitions and appearing on TV promoting their shotguns. Want to guess what their shotguns are fitted with? Heck of a liability for Benelli to be carrying if these extensions are illegal.

[crazy]

Valid points. But I don't think I want to test the waters. This is getting so confusing I might not even bother. I guess that is another way to do things. Make things so no one understands them so if they want to nail you they can. I have had many good replies about this topic and no one can say for sure what applies. If I can't get a definite answer, it will just stay like it is. I will just have to learn to load faster, right?

[MikeR]

That said, (AFAIK) the H&K marked Benelli M-1 Super 90 and M-3 Super 90 shotguns were "grandfathered" in due to being imported into the USA prior to Fed 922r going into effect.

Man i wish we could find some solid evidence saying that is true. Or a cut off date.. something..

Here is my first hand experience..

A BLM officer spent a few hours one night trying to figure out if my HK/Benelli M1S90 w/extension tube was illegal. He said "The laws regarding shotguns are all F-ed up" and "I cant figure it out" To my joy he also said "Yea, i cant take this one too" This was around 2003 or so.

Sad part is ive only taken it shooting once since then and ive put the short tube back on it. I always loved telling people i could squeeze off 9 rounds in about 1 second with it, hard to prove now =(