Benelli mag extension

[69Mach1]

When did this 922r come into effect? New Benelli's are still being sold today with mag extensions.

http://www.benelliusa.com/firearms/specialPurpose.tpl

I'm pretty sure that the BATF wouldn't let Benelli stay in business if it were breaking this 922r law.

That link does not show any Benelli's with the 4 shot mag extentions. Look for HK Benelli Super 90 (also Tactical) models with serial numbers that indicate date of manufacture prior to the ban. That way you can have both the pistol grip stock and 4 shot mag extention.

Benelli M1 Super 90
M1507xx, imported 12/01/92, pre-ban
M17142x, imported 1993, pre-ban
M1978xx, imported 08/94, pre-ban
M19833x, imported 09/19/94, post-ban*
M200050, imported 09/05/94, pre-ban*
M200100, imported 09/05/94, pre-ban*
M200111, imported 09/05/94, pre-ban*
M202200, imported 09/30/94, post-ban
M205200, imported 10/04/94, post-ban
M201xxx, imported 10/26/94, post-ban
M210025, imported 01/1995, post-ban
M215900, imported 03/1995, post-ban

Benelli M3
M19199x, imported 05/14/94, pre-ban
M1967xx, imported 08/94, pre-ban
M20595x, imported 11/04/94, post-ban

Not 100% sure of the accuracy of that list. Call HK to confirm.

[allenst65]

This is a lot like the "don't ask, don't tell" rules for gays in the military. Adding a tube would seem to be illegal only for those unwise enough to call, or worse, write the ATF asking for an opinion on legality.

Everyone keeps quoting 922(r) as though this directly outlines the restricted shotgun items. 922(r) only says it is illegal to assemble from imported parts a semiauto shotgun which is identical to one which is prohibited from importation under 925(d)(3).

Looking for the definition within 925(d)(3) ...

"925(d) The Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition (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

[1919A4]

Heres most of my serial number. I called Benelli. All they could tell me is mine was made in 1994. They said it did come with a pistol grip stock but could not confirm it had the plus 4 extension on it..
M1906XX

That link does not show any Benelli's with the 4 shot mag extentions. Look for HK Benelli Super 90 (also Tactical) models with serial numbers that indicate date of manufacture prior to the ban. That way you can have both the pistol grip stock and 4 shot mag extention.

Benelli M1 Super 90
M1507xx, imported 12/01/92, pre-ban
M17142x, imported 1993, pre-ban
M1978xx, imported 08/94, pre-ban
M19833x, imported 09/19/94, post-ban*
M200050, imported 09/05/94, pre-ban*
M200100, imported 09/05/94, pre-ban*
M200111, imported 09/05/94, pre-ban*
M202200, imported 09/30/94, post-ban
M205200, imported 10/04/94, post-ban
M201xxx, imported 10/26/94, post-ban
M210025, imported 01/1995, post-ban
M215900, imported 03/1995, post-ban

Benelli M3
M19199x, imported 05/14/94, pre-ban
M1967xx, imported 08/94, pre-ban
M20595x, imported 11/04/94, post-ban

Not 100% sure of the accuracy of that list. Call HK to confirm.

[Technical Ted]

When did this 922r come into effect? New Benelli's are still being sold today with mag extensions.

http://www.benelliusa.com/firearms/specialPurpose.tpl

I'm pretty sure that the BATF wouldn't let Benelli stay in business if it were breaking this 922r law.

Read the actual text of the US Code, Title 18, Section 922, Subsection r and you'll see it doesn't apply to firearms legally imported into the US by a licensed manufacturer or importer with the approval of the United States Attorney General.

922r has to do with firearms built from imported parts that otherwise would be prohibited from importation due to their non-sporting nature.

Since Benelli USA was able to import thousands of complete, italian made, M1 Super 90 Tactical shotguns into the US for over a decade (Even throughout the existence of the Federal AWB), they must have had approval from the US AG.

By removing an Italian made 2 rd magazine extension and replacing it with an Italian made 4 rd magazine extension, you are not altering the parts count on an Italian made shotgun that's been imported under a license to do so.

922r does not apply.

[gose]

Read the actual text of the US Code, Title 18, Section 922, Subsection r and you'll see it doesn't apply to firearms legally imported into the US by a licensed manufacturer or importer with the approval of the United States Attorney General.
922r has to do with firearms built from imported parts that otherwise would be prohibited from importation due to their non-sporting nature.
Since Benelli USA was able to import thousands of complete, italian made, M1 Super 90 Tactical shotguns into the US for over a decade (Even throughout the existence of the Federal AWB), they must have had approval from the US AG.
By removing an Italian made 2 rd magazine extension and replacing it with an Italian made 4 rd magazine extension, you are not altering the parts count on an Italian made shotgun that's been imported under a license to do so.
922r does not apply.

I agree, if the shotgun was imported with a capacity > 5, you're good to go, since it must have been approved for importation in that configuration. It might be hard to verify if it was imported like that or if the extension was added after passing through customs.

If it was imported in a sporting configuration with a capacity of 5 (or less), I know of at least two letters from the ATF saying it would be a 922(r) violation to add a tube (unless you replace enough parts). Sure, ATF might be like our DOJ and not know wtf they're doing, but the letters are there, and for me that's enough to not want to add an extension to a new Benelli, YMMV.

In terms of serial numbers, you need to look for 1989, not 1994, since the import ban had nothing to do with the AW ban of -94.

So if you want to play it safe you have three options:
1. Get a pre-89 shotgun
2. Get a new shotgun and replace enough parts to avoid triggering 922(r)
3. Get a post-89 shotgun and verify with Benelli that it was actually imported in a "non-sporting" configuration.

[69Mach1]

This has got to be the most confusing topic ever. I admit I mixed up my ban dates. Those ATF letters you're talking about, what was the date on them? It's true if it happened during the 1994-2004 Federal Assault Weapons Ban.
Semi-automatic shotguns with two or more of the following:
Folding or telescoping stock
Pistol grip
Fixed capacity of more than 5 rounds
Detachable magazine

Something happening in 1989 regarding the Benelli's, but I can't find anything on it. I know in 89 certain firearms were prohibited from importation regardless of 922r. 1989-90 was when 922r took affect, but nothing on Benelli's or semi-auto shotguns.

[gose]

This has got to be the most confusing topic ever. I admit I mixed up my ban dates. Those ATF letters you're talking about, what was the date on them? It's true if it happened during the 1994-2004 Federal Assault Weapons Ban.
Semi-automatic shotguns with two or more of the following:
Folding or telescoping stock
Pistol grip
Fixed capacity of more than 5 rounds
Detachable magazine
Something happening in 1989 regarding the Benelli's, but I can't find anything on it. I know in 89 certain firearms were prohibited from importation regardless of 922r. 1989-90 was when 922r took affect, but nothing on Benelli's or semi-auto shotguns.

I dont have them here, but if I remember correctly one is -05 and one is -06. The import ban in -89 was for all non-sporting firearms, rifles as well as shotguns.

I know that some Benellis were imported with >5 tubes after -89, so the Benellis must have gone from "sporting" to "non-sporting" for some reason.
A very personal guess is that it was the introduction/adoption of the M4 that led to this, but this is only speculation from my side.

[Hunter]

...1989-90 was when 922r took affect, but nothing on Benelli's or semi-auto shotguns.

922(r) went into law on 11-30-1990

Also 922(r) prohibits the act of building a non-importable gun. It doesn't prohibit one owning one that was built by other parties and bought that way. The person who built it and sold it would be in violation.

I bought M3 Folders with full 7 round mags in 1993 as well as PG M1s. It was spring (I believe with the May shipments) 1994 when Benelli/HK stopped shipping guns with the mag extensions installed. You could still buy them at the same time though and install them, as late as Aug 1994.

[12gaugederringer]

922r

+1to allen65st's response (saved me from typing). To anyone looking at the BATF letters floating arround they merely state certain Benellis are subject to 922r but never say why...That's because they're not. I haven't seen a letter that answer's the follow up question, "Why is said shotgun subject to 922r?"