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NineInchNails

Benelli M4 922(r) Compliance Questions

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Say you purchased a Benelli M4 from someone (private sale) and it had a full length magazine tube and collapsible stock. Is there any reason to be concerned about 922® compliance? For instance if it were originally purchased with fixed stock & limited mag tube, the original owner replaced only the stock & tube and you were to purchase it.

 

If one were to purchase a Benelli M4 from a local FFL with a collapsible stock and full length mag tube ... how would this M4 differ from one that was originally purchased with a fixed stock, limited mag tube and the owner replaced only the stock & mag tube? Any way to tell? They could have used factory Benelli parts.

 

 

The reason I ask is because I have someone telling me the following:

 

922® compliance does not matter other than maybe for price negotiation purposes.

 

If a prior owner replaced the parts without complying, it would still be legal for the current owner (technically) because 922® only prohibits assembly, not possession.

 

If the original owner purchased it from their FFL with the collapsible stock and full length magazine tube then it’s likely exempt from 922® because it was a LE gun. (All LE guns are permanently exempt pursuant to 18 USC 925). This is the source of all factory-configured non-compliant Benelli shotguns.

Edited by NineInchNails

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I'm not a lawyer... but as far as I'm aware no one has been prosecuted under 922® compliance. If it was originally an LE gun I think you're fine. If the prior owner replaced the parts I'd have some serious evidence that it wasn't you that changed parts... that can be a very tricky thing to prove... and try to pin on the previous owner.

 

922® compliance matters as a law... and if for some reason your weapon is confiscated I'm sure non-compliance would be added to the charges. It's pretty easy to say if only matter for price negotiations when you're not looking at a federal prosecutor. But I tend to play it safe with firearm regulations.

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Probably the only way 922r stuff is going to bite someone is as an addon charge to something else they did, like being caught colluding with Russians or something...

 

But it's of note to remember who you would be dealing with, the ATF

 

I personally wouldn't rely on saying the last owner created the "illegal" gun as a suitable defense. Kinda like musical chairs, you'd be caught without a chair. If you keep your nose clean, you most likely have a better chance of winning the lottery than getting prosecuted with 922r issues.

 

I bought an LE gun to solve this problem.

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Probably the only way 922r stuff is going to bite someone is as an addon charge to something else they did, like being caught colluding with Russians or something...

 

But it's of note to remember who you would be dealing with, the ATF

 

I personally wouldn't rely on saying the last owner created the "illegal" gun as a suitable defense. Kinda like musical chairs, you'd be caught without a chair. If you keep your nose clean, you most likely have a better chance of winning the lottery than getting prosecuted with 922r issues.

 

I bought an LE gun to solve this problem.

 

Do you mean that you purchased a Benelli M4 with a full length mag tube and a collapsible stock from your local FFL? If so, I would prefer to do that too after comparing the cost difference first.

 

I'm just wondering if one can obtain a M4 in similar format via 'private sale' and not have to worry about 922r compliance or if compliance is at all relevant. I'm being told compliance is not in any way an issue.

 

Another scenario could be offering an M4 as payment/trade to a local FFL. Should they be concerned about 922r compliance?

Edited by NineInchNails

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Do you mean that you purchased a Benelli M4 with a full length mag tube and a collapsible stock from your local FFL? If so, I would prefer to do that too after comparing the cost difference first.

 

I'm just wondering if one can obtain a M4 in similar format via 'private sale' and not have to worry about 922r compliance or if compliance is at all relevant. I'm being told compliance is not in any way an issue.

 

Another scenario could be offering an M4 as payment/trade to a local FFL. Should they be concerned about 922r compliance?

 

I bought it through Gunbroker brand new. It was well priced. It's been a while. It came Full length mag tube and Collapsible stock. I would look there first. Mine is not stamped LE on the gun. But the box is stickered LE, the model number(Benelli 11721) on the box is LE and the SN confirms LE through Benelli.

 

These are $1799 all day long on Gunbroker right now NIB

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It is quite simple. IF you are purchasing the firearm from a reputable FFL in the locale of your domicile AND you personally don't have any legal liabilities from owning such firearm, no problem. IF you source the firearm from a non-FFL then you are responsible for knowing all applicable the Federal BATFE laws as well as the State / Local ordinances that apply to firearm sales, the most restrictive of the collective laws controlling its ownership legality in your locale. All the laws are now readily available for review at the click of a mouse.

Edited by benelliwerkes

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The reason I ask is because I have someone telling me the following:

 

922® compliance does not matter other than maybe for price negotiation purposes.

 

If a prior owner replaced the parts without complying, it would still be legal for the current owner (technically) because 922® only prohibits assembly, not possession.

 

If the original owner purchased it from their FFL with the collapsible stock and full length magazine tube then it’s likely exempt from 922® because it was a LE gun. (All LE guns are permanently exempt pursuant to 18 USC 925). This is the source of all factory-configured non-compliant Benelli shotguns.

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The reason I ask is because I have someone telling me the following:

 

922® compliance does not matter other than maybe for price negotiation purposes.

 

If a prior owner replaced the parts without complying, it would still be legal for the current owner (technically) because 922® only prohibits assembly, not possession.

 

If the original owner purchased it from their FFL with the collapsible stock and full length magazine tube then it’s likely exempt from 922® because it was a LE gun. (All LE guns are permanently exempt pursuant to 18 USC 925). This is the source of all factory-configured non-compliant Benelli shotguns.

 

I think the "real" answer is to contact the ATF...

 

I got an idea what they would say. NON Compliant.

 

You may win the case in court, but how much would it cost you to go against a Million Pound Gorilla in court.

 

Which brings you to the "real" real answer, why risk it for a few bucks.

 

Or just throw caution to the wind, rip off that mattress label, run with scissors, and just wing it my friend!

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The reason I ask is because I have someone telling me the following:

 

922® compliance does not matter other than maybe for price negotiation purposes.

 

Sure... it's just for price negotiations... sounds like a trust worthy fellow that is well informed.

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Sure... it's just for price negotiations... sounds like a trust worthy fellow that is well informed.

 

Yeah, LOL.....more likely, an imbecile. We're not talking having black tint windows on your car here, it's guns and the Feds. I'd make sure that I was staying within the law.

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Yeah, LOL.....more likely, an imbecile. We're not talking having black tint windows on your car here, it's guns and the Feds. I'd make sure that I was staying within the law.

 

I'll bet even on a dare, you wouldn't cut the label off your mattress or run with scissors!

 

:cool:

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Actually I do both....I have a fetish with mattress and pillow tags. I canvass neighborhoods going door to door asking if I can snip the tags off of people's pillows and mattresses.;)

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Actually I do both....I have a fetish with mattress and pillow tags. I canvass neighborhoods going door to door asking if I can snip the tags off of people's pillows and mattresses.;)

 

So it was you! I knew it.

 

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