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Mag-Tube Situation. Any explaination?


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Hello Fellow Benelli Fans:


I know that I'm getting on the train late here, but from what I can gather from previous posts on the topic:


Benelli has stopped importation of factory manufactured magazine ext. tubes due to all or some of the following issues:


1- They have been banned... ( Though I don't know how that is possible if 75 round drum mags for semi-auto AK variants are perfectly legal... )


2- Poor sales... ( Although I don't know how not bringing items into the U.S marketplace...helps a company's sales. )


Please forgive my lay-man's take on all this. Its just...something's real fishy here. It sounds like either selective law making...the worst sort of pick & choose lawyer'ing-up of a situation...OR the poorest marketing plan by a firearms manufacturer.

If someone in the know can shed some truth on this...I would be very grateful.

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Google up a few pages on the 922® Federal law to get a feel for how extended magazines could be interpreted as a "non-sporting" configuration and so are banned.


The way the ban works is the ATF only allows the import of Benellis in a "sporting" configuration, which precludes collapsing stocks and magazine extensions (the actual features under consideration are not written down anywhere; it is entirely subject to ATF interpretation). 922® states that once in the US, imported semi-autos cannot be built into configurations in which they are prohibited from importation. So Benelli USA, being a good corporate citizen, does as the ATF has asked and imports their semi-autos in "sporting" configurations only, and does not make parts available that allow build-ups into prohibited configurations.


The hitch is that no one has ever been prosecuted for violating 922®. Individuals and aftermarket suppliers know this, so the aftermarket has stepped in to supply prohibited accessories that Benelli, a much bigger target, refuses to offer. Thus the on-going confusion. Here's an interesting thread including a letter from the ATF:




Domestic firearms have no such restrictions, and 922® spells out how you can make a domestic firearm out of an imported one by swapping parts, which is why you see so many tricked out AKs (there is a vast domestic industry making "compliant" parts for AKs; no such industry exists for the Benellis).


So, the net-net:


1. ATF has ruled extended magazines are prohibited on imported semi-autos under 922®.


2. Benelli is not permitted to import weapons in configurations violating 922®, nor to sell parts allowing their aftermarket build-up into prohibited configurations (well, maybe they are allowed to sell these parts, but see no percentage in flouting the wishes of the ATF).


3. No individual has ever been prosecuted for 922® violations.


4. Folks who are unconcerned about violating a Federal law under which no one has yet been prosecuted will continue to make and buy prohibited accessories to build up their imported semi-auto shotguns into prohibited configurations.


5. It's all fun and games until someone loses an eye.

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"1. ATF has ruled extended magazines are prohibited on imported semi-autos under 922®."


Which completely explains why FN is able to import their 6+1 Self-loading Police and Winchester their Super X2 Pratical with 8 round mags. Yes these are non-US made and imported and freely available for sale.


Yeah I love the (dis)information the net-net offers.


And before someone says the ATF ruling also prohibits the mag 'extensions' ala the M4, then why not offer the full length military tube? It should be legally available (remember the FN and X2) and would certainly satisfy the M4 users more than being ripped off for the pricy add-on tubes. If this is still not feasible, then the problem lies with Benelli and their relationship with the ATF rather than the net-net interpretation of 922®.

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Wow I thought me and my partner were the only ones to be on the ATF's sheiet list. Maybe they don't like us cause we beat them in court? Not once but twice. After our inital victory in court (basically they weren't allowing us to our privelages under the 2nd amendment.) After that we were audited (ATF&E not IRS) more then annually which is ILLEGAL, and harrassament, unless you were robbed and they need to "check" your current and PAST inventory?? My partner is a lawyer and I thought he was nuts initally. Sueing the ATF sounded a little hairy to me. I know several ATF&E agents now that actually use our range. They are in complete agreement with us. Its not the field agents but the desk jockies. I have all the respect for the ATF&E the men and women in the field risking their lives. I have 0 respect for people that push paper in order to make ones life difficult because of no reason what-so-ever. I guarantee STA is correct it comes down to Benelli and there relationship. Once your on the sheiet list you don't get off.

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