Benelli M4 and the law

[Revet]

I just splurged on a Benelli M4 and my first thought was to put a mag extension on it. But when I did a little googling I found many cautions regarding the legality of having both the factory pistol grip and a mag extension. So now I am confused. Are the references to that combination being illegal something that expired along with the AWB, or is it a California thing, or is it actually something I need to pay attention to here in the free state of Texas c.2008?

[boomerang]

The Clinton weapon ban expired. The Reagan and Bush weapon bans are still active.

[lunchbox]

Reagan and Bush weapon bans

[KaiserB]

Reagan and Bush weapon bans

Prior to passage of the federal assault weapons ban, the importation of certain types of assault weapons from overseas had been banned during the Reagan and George H.W. Bush Administrations. Such bans were ordered by the Bureau of Alcohol, Tobacco and Firearms (ATF) under the 1968 Gun Control Act, which grants the ATF the power to prevent the importation of guns which are not "particularly suitable for or readily adaptable to sporting purposes."

Under the Reagan Administration, the ATF blocked the importation of certain models of shotguns that were not suitable for sporting purposes. In 1989, during the George H.W. Bush Administration, the ATF expanded this list to permanently ban the importation of 43 types of semi-automatic assault rifles that were also determined not to have a sporting purpose.

Later, in 1998, President Clinton banned the importation of 58 additional foreign-made "copycat" assault weapons in order to close a loophole in the prior import ban.

[KaiserB]

I just splurged on a Benelli M4 and my first thought was to put a mag extension on it. But when I did a little googling I found many cautions regarding the legality of having both the factory pistol grip and a mag extension. So now I am confused. Are the references to that combination being illegal something that expired along with the AWB, or is it a California thing, or is it actually something I need to pay attention to here in the free state of Texas c.2008?

The EXPIRED (1994-Sept 2004 enforcement period) assault weapons ban is as follows:

The Federal Violent Crime Control and Law Enforcement Act of 1994 specifically prohibited manufacture and sale of:

• Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models)
  Action Arms Israeli Military Industries UZI and Galil
  Beretta Ar70 (SC-70)
  Colt AR-15
  Fabrique National FN/FAL, FN/LAR, and FNC
  SWD M-10, M-11, M-11/9, and M-12
  Steyr AUG
  INTRATEC TEC-9, TEC-DC9 and TEC-22
  revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12

In addition, the bill banned any semi-automatic rifle that can accept a detachable magazine and that also has at least two of the following characteristics:

• a folding or telescoping stock
  a pistol grip that protrudes conspicuously beneath the action of the weapon
  a bayonet mount
  a flash suppressor or threaded barrel designed to accommodate a flash suppressor
  a grenade launcher;

The bill banned any semi-automatic pistol that can accept a detachable magazine that also has at least two of the following characteristics:
an ammunition magazine that attaches to the pistol outside of the pistol grip

• a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
  a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned
  a manufactured weight of 50 ounces or more when the pistol is unloaded;
  a semiautomatic version of an automatic firearm
  Finally, the bill banned any semi-automatic shotgun has at least two of the following characteristics:
  a folding or telescoping stock
  a pistol grip that protrudes conspicuously beneath the action of the weapon
  a fixed magazine capacity in excess of 5 rounds
  an ability to accept a detachable magazine

It should be noted although this ban expired, certain states have restrictions on "assault" type weapons. Thank God, TX is not one of them...

Info from NRA (Pre-Heller):

"Assault weapons" are prohibited in Connecticut, New Jersey and New York. Some local jurisdictions in Ohio also ban "assault weapons." Hawaii prohibits "assault pistols." California bans "assault weapons", .50BMG caliber firearms, some .50 caliber ammunition and "unsafe handguns." Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms. Maryland prohibits "assault pistols"; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an "integrated mechanical safety device." Massachusetts: It is unlawful to sell, transfer or possess "any assault weapon or large capacity feeding device" [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate "assault weapons" law. The District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977. Virginia prohibits "Street Sweeper" shotguns. (With respect to some of these laws and ordinances, individuals may retain prohibited firearms owned previously, with certain restrictions.) The sunset of the federal assault weapons ban does not affect the validity of state and local "assault weapons" bans.

[KBCraig]

Reagan and Bush weapon bans

On top of what Kaiser replied, don't forget the 1986 (Reagan) ban on sales of new machine guns to private citizens. That's why autos have gone up ten-fold since then (more than that in some cases).

[KinnyLee]

Taken from another forum. The 922r is the one you have to worry about. The AWB of 1994 is 922v and it is no longer valid.

922 (r)
The Imported Parts Law(1990)
178.39 otherwise known as 922(r) 10 Foreign parts law on semiauto Rifles & Shotguns
http://www.atf.treas.gov/regulations/27cfr178.html
Sec. 178.39 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 Sec. 178.151; 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

Last I read, you will need to replace a minimum of 5 parts made in the US for you to make your modification. Magazine body is one of them, Forearm/handguards from Surefire is another, aftermarket follower is another, etc...

[Revet]

I've owned shotguns for nearly 50 years. But they've been ordinary hunting guns, so I haven't run into these issues. Your comments about that 922 law set me on the right track. Thanks guys.

I also made some phone calls, and got contradictory advice about the legality of adding a mag extension to a foreign made shotgun with a pistol grip. Some suppliers say that if the added parts are American made, then it's OK, or it would be OK if I added more American-made parts in addition to the extension. That last proviso appears to be right, at least according to the way I read the law. But another said it may still be illegal, then added that I shouldn't worry about it because the law is rarely enforced. Obviously, I am not alone in my confusion. I'm also not a gambler, and it all seems to be just too much trouble. You can buy an American made shotgun with a pistol grip and a 7-9 round capacity, and be perfectly legal. Buy a foreign semi-auto with a pistol grip and a 4 round mag, and you could become a felon just by adding a two round mag extension.

[KinnyLee]

You will get difference answers from different individuals. Even BATFE agents can be wrong. You can mod the M4 with sufficient amount of US made parts, and still get in trouble for it. The burden of proof is still on your end. The chances of that is pretty rare imo. Your can also register your M4 as a AOW/SBS (not sure which one), then you can mod it with the collapsable stock, full length mag tub, or maybe even a 14" barrel.

[Mark F]

OK, I'm trying to follow this... but no definite conclusion. I just bought a Benelli M1 Super 90, that has a 19" barrel including a muzzle brake, a factory supplied 8 round tube, and a pistol grip/shoulder stock combo. In speaking with the "original" owner, he said he bought this shotgun overseas (in Italy) while serving in the US Marines over there. This Super 90 is 100% OEM factory setup. So, is it LEGAL or not???

[KinnyLee]

Depends on when your M1Super90 was made. If it's pre-922r (1989 and before) then yes it's legal. If it's after 1989, then it is illegal. Per 922r, you can have either a hi-cap mag tube or pistol grip stock, but not both. Then again, you see quite a few 3 gunners out there using M1S90s that have both these mods.

[lunchbox]

Depends on when your M1Super90 was made. If it's pre-922r (1989 and before) then yes it's legal. If it's after 1989, then it is illegal. Per 922r, you can have either a hi-cap mag tube or pistol grip stock, but not both. Then again, you see quite a few 3 gunners out there using M1S90s that have both these mods.

so wait do i have this right it only pertains to imported guns???

[KinnyLee]

so wait do i have this right it only pertains to imported guns???

You are correct sir.

[lunchbox]

so wait do i have this right it only pertains to imported guns???

You are correct sir.

sweet I don't have to worry about my winchester.
is it just me or is this a dumb relatively unknown law

[KinnyLee]

so wait do i have this right it only pertains to imported guns???

You are correct sir.

sweet I don't have to worry about my winchester.
is it just me or is this a dumb relatively unknown law

Dumb law indeed. I still love those Benelli M4s though. They are like 1911s. Once you got hooked, there is no turning back. Hehe.