Semi-automatic Shotgun capacity limit

[desijedi]

Hi Everyone,

Can I put an extension tube on my Beretta 1301 Semi-automatic shotgun (less than 10 shells) total?

I found this, but didn't cleared my doubt:

https://oag.ca.gov/firearms/regs/gen...coping%20stock.

[hermosabeach]

From your link

—
A semiautomatic shotgun that has both of the following:
A folding or telescoping stock.
A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
A semiautomatic shotgun that has the ability to accept a detachable magazine.
Any shotgun with a revolving cylinder.
"Assault weapon" does not include any antique firearm.
The following definitions shall apply under this section:
"Magazine" shall mean any ammunition feeding device.
"Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

[hermosabeach]

It’s my understanding that 10 rounds or fewer is OK for a shotgun with a fixed mag tube in California.


10 rounds is a funny thing….

10 rounds of 3 1/2” mag - well a lot more 2 3/4” shells fit

So if the receiver takes 3 1/2” mags - most feel that 10 rounds of standard 2 3/4” shells are fine.
10 rounds of 3 1/2” shells would be over or risky.



For a novelty, they make a mini shot shell. A gun that holds 10 rounds of 2 3/4” shells will hold way over that with the mini shells. That seems to be fine as the mini shells are an exception


But the law is very poorly written.

The benelli can hold one on the carrier - does that count or not count?
The law is too poorly written to know.

[-hanko]

Hi Everyone,

Can I put an extension tube on my Beretta 1301 Semi-automatic shotgun (less than 10 shells) total?

I found this, but didn't cleared my doubt:

https://oag.ca.gov/firearms/regs/gen...coping%20stock.

From your link...

"A semiautomatic shotgun that has both of the following:

A folding or telescoping stock.

A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

A semiautomatic shotgun that has the ability to accept a detachable magazine.

Any shotgun with a revolving cylinder."
Not sure why the worry. You can add the magazine.

[Quiet]

Can I put an extension tube on my Beretta 1301 Semi-automatic shotgun (less than 10 shells) total?

Can you? Yes.

Legally? Depends...

Federal laws/regulations prohibits the importation of shotguns with a capacity of greater than 5 rounds and prohibits the modifying of an imported shotgun to have a capacity of greater than 5 rounds, for civilian sale/ownership.

Federal laws/regulations requires the imported shotgun to have USA made parts and a minimum amount of foreign made parts, in order to be considered USA made and no longer considered an imported shotgun regulated by USA importation laws.

Once it is modified with USA made parts and no longer regulated by Federal laws/regulations, it would be legal to increase the magazine capacity of the shotgun, as long as it does not violate any State laws.

CA laws prohibits the making of a "large capacity magazine", which is any ammunition feeding device that is capable of containing more than 10 rounds.

BATFE (since 1968) and CA DOJ BOF (since 2000) has measured the capacity of a fixed tubular magazine for a shotgun utilizing the manufacturer's largest intended cartridge size for that specific shotgun.
^If the shotgun is marked by the manufacturer to be able to use 2 3/4" and 3" shells, then 3" shells are used to determine the capacity.

Therefore, in order to be legal under all Federal and CA laws...

The imported shotgun needs to have enough of it's foreign made parts replaced with USA made parts, so that it's no longer considered an imported shotgun and the increased capacity for the shotgun has to be 10 or less rounds.

The Beretta 1301 series has a 3" chamber, so 12Gauge 3" shells are used to determine the capacity of it's tubular magazine.

Federally recognized parts on Beretta 1301:
01. Receiver
02. Barrel
03. Bolt
04. Bolt carrier
05. Gas piston
06. Trigger housing
07. Trigger
08. Hammer
09. Disconnector
10. Buttstock
11. Forearm/handguard
12. Magazine body
13. Magazine follower

Replacing the Beretta made shoulder stock, forearm, tubular magazine body, and magazine follower with USA made versions; will make it Federal legal to increase the capacity to be greater than 5 rounds. The tubular magazine on the Beretta 1301 having a capacity of 10 or less 12Gauge 3" shells, will make it CA legal.

[hermosabeach]

Quiet
Great reply

I’m 99% that the 922r only applies to licensed Manufacturers, not individuals

[Quiet]

Quiet
Great reply

I’m 99% that the 922r only applies to licensed Manufacturers, not individuals

It applies to any person that makes, imports, modifies, or transfers the firearm.

It does not apply to the person that receives or possess the firearm.

[HKAllTheThings]

[-hanko]

No individual gun owners have ever been accused of violating 922(r).

The owner of what is now Royal Tiger Imports or any of its former names was popped for not modifying full-auto weapons correctly...iirc, that was 5-6 years ago.

Given the owner of a shotgun started this thread, I'm puzzled why post #5 above is even germane.