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Legality of Benelli Supernova collapsible stock


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Is it legal to install the factory collapsible stock on a Supernova ? From my limited understanding if you do not install an extended magazine with it it should be ok. This is because installing an extended magazine makes it non sporting and not ok for import.

 

I have also been told to keep the imported parts count to 10 or less due to 922®. I thought I understood 922® as I have a few AKs, however the entire shotgun imported. It has no US parts. How was it ever imported for sale if 922® applies. Anybody know how many parts count on the supernova ?

 

If 922® applies would it be ok to replace the follower and install the stock? I know the collapsible stock counts as two parts.

 

Any opinions ?

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Well I googled a bit more and it looks like the opinion of the BATF is that it is not allowed. If you add the stock the shotgun is no longer considered sporting and you need to comply then with 922®. You can get around this by having less than 10 imported parts. The catch is there is no source of US parts for the supernova at this time to bring the imported parts count down to less than 10.

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This is off the BATF webpage in regard to making a firearms from sources like "Shotgun News" or the internet.

 

http://www.atf.gov/firearms/faq/firearms-technology.html#commercial-parts-assembly

 

Here is a quote off that page that has been repeated many times:

 

"the GCA, 18 U.S.C. § 922®, specifically states the following:

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 the…[GCA]…Section 925(d)(3).as not being particularly suitable for or readily adaptable to sporting purposes..."

 

 

They further state:

 

"As a result of a 1989 study by the U.S. Treasury Department regarding the importability of certain firearms, an import ban was placed on military-style firearms. This ban included not only military-type firearms, but also extended to firearms with certain features that were considered to be “nonsporting.”

Among such nonsporting features were the ability to accept a detachable magazine;
folding/telescoping stocks
; separate pistol grips; and the ability to accept a bayonet, flash suppressors,..."

 

On another ATF page I also found that a foreign shotgun that takes more than 5 rounds in its magazine is also considered non sporting and restriced from importation. I would be careful with using an extended tube magazine regardless of whether its made in USA or not.

 

It appears the supernova was imported as a "sporting shotgun". I doubt Benelli would sell it if there were any questions from the BATF. As far as I know it is made in Italy with no US parts. If you start to modify it to make it non sporting then the parts count of 922® comes in to play. From my limited understanding of gun parts I can count 13 or 14 parts that count under 922®. So to get around this you need to replace 3 or 4 parts which due to the lack of US substitute parts is nearly impossible.

 

Some will say ignore 922® you will never be prosecuted. I am not willing to take this risk.

Edited by Dntama
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Well, the reality is that Benelli does import these weapons in the configurations with collapsible stocks and extended mag tubes. They simply choose not to sell them to civilians. That doesn't mean that the parts are illegal, it just means that Benelli policy dictates the way they are sold. I have spoken directly to the ATF in Portland and described both my M4 and Super Nova in their current configurations (C-stocks and extended mag tubes) and was told there are no issues that I need to worry about. YMMV.:)

Edited by KB Fab
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I still am hesitant to go by what is said on a phone conversation. I would get it in writing. However I suspect if you sent a letter they will reverse themselves. In letters they tend to rule against you in my opinion.

 

Heres is an old letter posted on another forum in 2004 after the AWB expired in regard to a similar situation:

 

http://thefiringline.com/forums/showthread.php?t=207254

 

I guess these arguments will go on forever. I should have done a more complete google search before posting this question. I have an answer now that I am not happy about but that is how it goes. I guess you buy the parts you want, install them and hope your interpretation of the regulations are correct. I now feel that using these parts is questionable and wont use them until I can satisfy 922®.

Edited by Dntama
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  • 1 month later...

As a recent Supernova Tactical owner, I've been researching this topic a lot. Typical IANAL disclaimer, but while the telescoping stock is fine under AW regulations because it is a pump-action, it should also be fine under 922r, because it is "...or readily adaptable to sporting purposes."

 

I can change out the stock on my Snova in under 5 minutes. Pretty "readily adaptable" to me.

 

Given that interpretation, so is a mag extension that be screwed off and replaced with the stock cap. (Just keep the stock cap & butt handy!)

 

Of course, from my discussions with various shop owners and law enforcement officials - if the powers that be are in your house looking for 922r violations - you've probably already got way bigger problems than a possible 922r violation. :eek:

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