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The Gun Control Act - 922r and the M4 full length magazine tube….


thefitter

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I have been checking into this lately and thought I would run this by people here.

 

The Federal Assault Weapons Ban 0f 1994 stated:

 

Semi-automatic shotguns with two or more of the following Are considered assault weapons:

 

* Folding or telescoping stock

* Pistol grip

* Fixed capacity of more than 5 rounds

* Detachable magazine

 

The Federal Assault Weapons Ban 0f 1994 expired on September 13, 2004. BEFORE this date Benelli could not import the M4 with the full length tube.

 

922r states:

 

"It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) (specifically the 'sporting purposes test')of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to…”

 

The Benelli M4 has never been formally restricted for importation with a full-length magazine tube AFTER September 13, 2004 under - the “sporting purposes test” of the The Gun Control Act , 18 U.S.C. § 925(d)(3). Because the BATFE has never ruled that the M4 with full-length magazine tube has FAILED the “sporting purposes test” under the Gun Control Act.

 

AFTER September 13, 2004 Benelli is importing the M4 with a capacity of 4+1 by choice NOT because of any CURRENT law imposed on it’s importation or BATFE ruling.

 

For the California guys:

Current California Assault Weapons Guide lines-

 

Shotguns:

 

(6) A semiautomatic shotgun that has BOTH of the following:

(A) A folding or telescoping stock.

(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or

vertical handgrip.

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

(8) Any shotgun with a revolving cylinder.

 

Comments, corrections, additions or rebuttal? Please contribute. Lets put this BS uncertainty to rest!

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So sorry, I did not mean to offend anybodys delicate sense of intelligence. But if this information is in fact beating a dead horse… why are there so many people still discussing the need to unnecessarily change out other parts when they replace their magazine tube?

'sporting purposes test' -

Non-Sporting Features

  • Ability to accept a large capacity magazine ( a 7 round tube is not large capacity)
  • Folding/telescoping stocks
  • Pistol grips (Hmm... it's already imported in this configuration, that's odd!?)

  • Ability to accept a bayonet
  • Flash suppressors / hiders - the "capacity to accept" tends to be invoked here, which is why threaded barrels aren't common to find on imported guns.
  • Integrated, military-style butt stocks
  • Grenade launchers
  • Night sights

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922r is a joke and this has been discussed to death.

 

It's all a grey, unenforced area.

 

If you're a scared nancy, get your part count down to 10 imported parts, or swap out for the "standard" stock, or leave your mag tube at 5 rds and get a collapsible.

 

Or do anything you want short of making the gun NFA and you will be fine.

 

There isn't a single case of 922r being enforced because it's an unenforceable law meant to deny gun owners their rights, and many people here are allowing it to happen.

 

Put it this way, if you are EVER in a situation where 922r is going to be used against you, you have much bigger problems than 922r. I believe it would only be used if they were throwing the book at you for a much more serious offense, ie you shot up a school and they are looking for anything and everything.

 

Do as you will, if you want to be 100% legal replace some parts.

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You haven't offended anyone's delicate anything.

But if you'd use the search feature, you would soon discover that 922r has been discussed and dissected here in every conceivable (and inconceivable) way.

 

There' is nothing new or different to what you have posted.

If you want to dredge up one of the old discussions, then you can easily see who has opinions and what those opinions are.

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You haven't offended anyone's delicate anything.

But if you'd use the search feature, you would soon discover that 922r has been discussed and dissected here in every conceivable (and inconceivable) way.

 

There' is nothing new or different to what you have posted.

If you want to dredge up one of the old discussions, then you can easily see who has opinions and what those opinions are.

 

Again no offense to anyone but, the reason I posted this was that I have researched this subject in many forums and websites and this forum seems to be the only place where quite a few people still feel that putting a 7 round tube on a M4 is in violation of 922r. I mean there are guys writing the BATFE for "clarification" and others hand fabricating pistons in their garage for crying out loud.

 

It's all a grey... Do as you will, if you want to be 100% legal replace some parts.

 

I just don't see that it's gray. Seems pretty obvious to me that you don't have to replace anything extra at all to be 100% legal.

 

Anyway...or as the kids say "whatever", good and safe shooting to everyone!

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I just don't see that it's gray. Seems pretty obvious to me that you don't have to replace anything extra at all to be 100% legal.

 

Anyway...or as the kids say "whatever", good and safe shooting to everyone!

 

Yes ... under a certain interpretation, it's all good.

 

Under another, you need to replace parts.

 

It's all grey, and it's all untested, unenforceable bullsh!t.

 

If you're the paranoid type, replace some parts, or stay stock.

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It doesn't bother me at all to rehash this topic. As far as all the "beat a dead horse" posts are concerned if you don't want to discuss what somebody has posted than stay out of the thread it's that simple. Yeah he could have used the "search" feature but who cares. Anyway welcome to the forum "thefitter" As you probably already noticed this forum is no different than any other. On a good note there is plenty of helpful people here and plenty you can learn. Enjoy. Mike

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It doesn't bother me at all to rehash this topic. As far as all the "beat a dead horse" posts are concerned if you don't want to discuss what somebody has posted than stay out of the thread it's that simple. Yeah he could have used the "search" feature but who cares. Anyway welcome to the forum "thefitter" As you probably already noticed this forum is no different than any other. On a good note there is plenty of helpful people here and plenty you can learn. Enjoy. Mike

 

Roger that, thanks!

 

On another note it looks like my original premise is inaccurate. Unfortunately I have found 2 BATFE documents that directly and indirectly seem to state that importing shotguns with magazine capacities of more than 5 rounds is indeed still prohibited even after the September 2004 Assalut Weapons Ban expiration. The bizarre thing is that it does not seem to differentiate between semi-auto and pump!? Could this possibly be something American gun manufactures lobbied for to protect their own business interests, and corner the tactical shotgun market? Sounds crazy.

 

What I want to find is some sort of official detailed listing of importation regulations.

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If you want to get even more confused....try to figure out why its ok to import FN SLP shotguns with mag capacities over 5. I know most of the new ones are made in south carolina now...but the earlier ones were impoted from belgium and some were made in portugal also

Edited by tinman1975
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If you want to get even more confused....try to figure out why its ok to import FN SLP shotguns with mag capacities over 5. I know most of the new ones are made in south carolina now...but the earlier ones were impoted from belgium and some were made in portugal also

 

I have heard that example described as a BATFE f**k up, but I'm not convinced. I still have this gut feeling that it's almost some sort of "gentlemans agreement" between Benelli and the BATFE. Kind of like Oakley and their "Tactical sunglasses" line only available to the Military BS. I know that sounds weird though.

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