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Benelli M4 legal in cali?

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  • rue
    Senior Member
    • Dec 2007
    • 1355

    Benelli M4 legal in cali?

    Is the M4 legal here?
    Originally posted by halifax
    How about the next time a kid gets suspended/expelled for simply drawing a picture of a gun. I see a federal civil rights lawsuit against the school district for violation of 1st & 2nd amendments.


    Originally posted by CA357
    I am getting old and my bull***** tolerance is rapidly diminishing.
  • #2
    Hitman
    Senior Member
    • Oct 2005
    • 927

    Yup!

    I have one.
    PISTOLS:
    Colt 1911 9mm Govt Model, Colt 1911 Commander 9mm, Intratec Tec22 Scorpion, Glock 17/17C RTF2 "Fish Gill", Sig P365 for EDC, AR 9mm (uses Colt SMG Mags), NFA C-5 9mm with Fostech Binary Trigger(uses HK MP5 Mags), Ruger 10/22 Charger TakeDown, Spike's Zombie 5.56 w/ Fostech Binary Trigger
    SHOTGUNS:
    AWS SPETS-12
    RIFLES:
    Colt Sporter LMT MRP Piston, Eagle Arms LMT MRP Piston, HK94/MP5 A3 Clone
    NFA:SBR/Suppressors:
    Colt LE6933 M4 Commando, MP5 PDW Clone

    Comment

    • #3
      SunriseF150
      Senior Member
      • Oct 2006
      • 1791

      I have one too!
      sigpic

      Comment

      • #4
        Jicko
        Calguns Addict
        • Dec 2005
        • 8774

        Originally posted by rue
        Is the M4 legal here?
        Yah. The Benelli one is. The Colt one is NOT.

        Once in a blue moon, you may see it @ Turners.
        - LL
        NRA Certified Firearm Instructor
        sigpic

        New to Calguns, check here first:
        http://www.calguns.net/calgunforum/s...ad.php?t=56818

        Comment

        • #5
          USN CHIEF
          I need a LIFE!!
          • Nov 2007
          • 11540

          It cannot have the folding stock for it to be legal in CA right?
          Originally posted by tankerman
          I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
          Originally posted by Douglas711
          Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

          Comment

          • #6
            Jicko
            Calguns Addict
            • Dec 2005
            • 8774

            Originally posted by USN CHIEF
            It cannot have the folding stock for it to be legal in CA right?
            NO i dun think so.

            Pistol grip + telescoping stock + semiauto = NO NO.
            - LL
            NRA Certified Firearm Instructor
            sigpic

            New to Calguns, check here first:
            http://www.calguns.net/calgunforum/s...ad.php?t=56818

            Comment

            • #7
              USN CHIEF
              I need a LIFE!!
              • Nov 2007
              • 11540

              Originally posted by Jicko
              NO i dun think so.

              Pistol grip + telescoping stock + semiauto = NO NO.
              Yeah, I had my head up my butt when I asked this question... Thanks for getting squared away...
              Originally posted by tankerman
              I think most folks bubba their AR's because they watch too many action movies, play too many video games and don't understand how to socialize properly, so they fantasize about being 'action hero's'. Kind of like little girls playing dress-up.
              Originally posted by Douglas711
              Is everybody stocking up on guys now? Just curious some gun prices seem to be getting high.

              Comment

              • #8
                gose
                Veteran Member
                • Oct 2005
                • 3953

                Adding telescoping stock (w pistol grip) -> Potential California felony
                Adding mag extension -> Potential Federal felony

                As long as you stay away from those two, you're good to go.
                With Oden on our side.

                Comment

                • #9
                  aplinker
                  I need a LIFE!!
                  • Feb 2007
                  • 16762

                  There's a helluva lot of confusion over the idea of the mag extension being a felony. Suffice to say, no one has been arrested, and the Benelli team shooters use them with extensions.

                  If you want to be 100% sure you're safe you can swap parts to play the 922(r) game.

                  Also, in CA AW law semi-auto shotguns are allowed EITHER a PG or a collapsing stock, but not both.

                  Google Map of OLL Dealers

                  List of CA-friendly Manufacturers, Dealers, Middlemen, and Magazine rebuild kit dealers
                  Click me-->So you're a n00b and you want to build an AR? <--Click me
                  This post is based on actual events. Some facts may be altered for dramatic purposes. All posts are pure opinion. All persons, living and dead, are purely coincidental, and should not be construed.

                  Comment

                  • #10
                    FatOnCoke
                    Member
                    • Feb 2008
                    • 379

                    Adding telescoping stock (w pistol grip) -> Guarantee California felony

                    Add a US made mag extension should be fine.

                    Comment

                    • #11
                      Mesa Tactical
                      Senior Member
                      • Oct 2004
                      • 1746

                      Originally posted by FatOnCoke
                      Adding telescoping stock (w pistol grip) -> Guarantee California felony

                      Add a US made mag extension should be fine.
                      Doesn't matter where the magazine extension is made, it may still be a 922(r) violation.
                      Lucy at www.mesatactical.com

                      Comment

                      • #12
                        mymonkeyman
                        Senior Member
                        • Jan 2008
                        • 1049

                        Originally posted by uclaplinker
                        There's a helluva lot of confusion over the idea of the mag extension being a felony. Suffice to say, no one has been arrested, and the Benelli team shooters use them with extensions.

                        If you want to be 100% sure you're safe you can swap parts to play the 922(r) game.

                        Also, in CA AW law semi-auto shotguns are allowed EITHER a PG or a collapsing stock, but not both.
                        I don't see how, for a shotgun, playing 922(r) makes any sense. The Federal DD statute says that all shotguns are DD unless the Treasury Secretary (delegated to the ATF) determines they are particularly suitable for sporting purposes. The ATF has interpreted this to be the same standard of sporting purposes as 922(r) (see the ATF ruling on the Striker, Streetsweeper, and SPAS). If that is the case, if your shotgun is non-sporting, it doesn't matter how many parts you replace, you are still f*ed because you have a DD. Now for some reason, ATF may decide to rule only prospectively with regards to classification as a DD, but nothing requires it to do so. Now both of these assume how the ATF classifies "sporting purposes" is compliant with the relevant statutes, the APA, and the due process clause, which may not be the case, but you sure don't want to have to wait to get to trial to effectively "prove" your innocence.

                        With the telescoping stock, it could be legal if it was permanently made non-telescoping.
                        Last edited by mymonkeyman; 03-05-2008, 5:44 PM.
                        The above does not constitute legal advice. I am not your lawyer.

                        "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

                        Comment

                        • #13
                          Mesa Tactical
                          Senior Member
                          • Oct 2004
                          • 1746

                          Originally posted by mymonkeyman
                          With the telescoping stock, it could be legal if it was permanently made non-telescoping.
                          The Benelli M4 stock collapses only if the recoil spring housing is machined for it. We bought an M4 a few years ago with an ordinary fixed pistol grip buttstock and when we removed the stock we noticed the recoil spring tube was machined to accept the M1014 stock, but not to allow it to collapse. We have a couple M1014 stocks and they are perfectly legal on our particular M4:



                          That buttstock does not collapse, and will never do so as the recoil spring tube is not machined to allow it.
                          Lucy at www.mesatactical.com

                          Comment

                          • #14
                            yallknowho
                            Member
                            • Sep 2006
                            • 413

                            when my parts get made you'll be able to sport a mag extension legally.

                            Comment

                            • #15
                              ar15barrels
                              I need a LIFE!!
                              • Jan 2006
                              • 57183

                              Originally posted by yallknowho
                              when my parts get made you'll be able to sport a mag extension legally.
                              TWO WEEKS right.
                              Randall Rausch

                              AR work: www.ar15barrels.com
                              Handguns: www.handgunbarrels.com
                              Bolt actions: www.700barrels.com
                              Foreign Semi Autos: www.akbarrels.com
                              Most work done while you wait on a scheduled shop visit.

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