[M4 tactical H2O banned?]

I emailed Benelli and this is their response which I received today

 

Thank you for contacting Benelli USA. They currently are not banned, but are under an ATF evaluation. The future of these are uncertain at the moment as we still do not know what it is going on, but feel free to check back anytime for updates.

 

This makes sense the ATF put them in a holding pattern because there are issues if they try to declare that NP3 coating is not manufacturing. They have already declared that it does and made people pay taxes on said manufacturing activity. If they now declare it as not manufacturing then they are subject to refund request for taxes taken in.

 

It may actually be hard for them to finally rule it ineligible. But by placing it under 'evaluation' they can effectively stop production for a period of time. Right now there are bigger fish for Benelli to fry. The ATF doesn't like it and so they are doing what they can to hold up it's implementation.

[Vinci factory extended mag tubes?]

I think the net problem is that outside of the 5 round capacity extension, the others would qualify as 'high capacity' magazines which would have issues as a now 'non-sporting' firearm. That would mean you'd have to have 922 compliance parts I believe. I believe that's one of the major reasons benelli doesn't sell them. Still you would have thought someone would have made a US extended tube by now.

[Impact Guns accepting backorders for M4 H20 12/2/2012]

Which presents no problem whatsoever for them. They wrote the rulings and they can change them at will.

 

The Director of the ATF&E has only to issue his legal opinion on a particular ruling to change it as the Director's opinions carry the force of law. Amending a ruling is as simple as picking up a pen.

 

The only remedy for such action is for Congress to enact legislation specifically barring the ruling change or to successfully challenge the Director's opinion in Federal court.

 

Welcome to the world of Federal bureaucracy.

 

You're absolutely correct that it can be very easy for the head of the ATF to change his ruling on this issue. However if the ATF changed the definition of manufacturing to exclude refinishing services, they would then also exclude themselves from revenue on that manufacturing process. The 11% excise tax is paid whenever you manufacture a firearm, if refinishing is no long manufacturing then that tax no longer needs to be paid if that's all that's done. I believe that tax was one of the reasons they included refinishing as manufacturing in the first place.

 

While the ATF could also make a separate ruling that the M4 refinishing wasn't manufacturing, it would open them up to lawsuits that all refinishing isn't manufacturing. While any ruling can be changed there appears to be significant tax revenue in the refinishing as manufacturing and the ATF is likely loath to give that up.

[Impact Guns accepting backorders for M4 H20 12/2/2012]

So I registered to give the e-mail I got from Benelli USA when I asked the H2O availability question back in mid august.

 

Thank you for contacting Benelli USA. Currently the H20 model is on an order freeze due to high volume back order. They removed it from the sight for this reason. More than likely its looking like the end of the year before they start taking orders again, but that is an estimate from the factory as it still uncertain at this time unfortunatly.

 

This is from direct customer service. Personally I put credibility way about any sales rep, because generally no sales rep has any incentive to be honest with you. What matters to them is making the sale this quarter. If telling you that something is no longer for sale when they can't place an order, instead makes you place an order for a product that they can book this qtr they'll do it every time. Sales people aren't there to help you, their job is to close sales....today....

 

But ultimately the proof is in the pudding, we'll see if they reopen sales. Now if someone has more direct information from benelli CS and not a rep more recently then that may be credible. Somehow I doubt impact would have magically reopened orders after all this time by accident.

 

While it's always possible the ATF could change it's mind that refinishing does not equal manufacturing...until they change the current ruling it's hard to believe that they will specifically exclude a firearm they have already permitted. I.e. per...

 

Although installing parts in or on firearms, and applying special coatings and treatments to firearms are manufacturing activities

 

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-10.htm

 

Benelli has found a valid exception, the ATF may not like it, but to stop it they would need to change the current ruling.