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Is a 2 shot mag extension on a super nova tactical illegal?


JonDaddy82

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My local gun dealer, whom is usually pretty on the ball, is telling me that adding the 2 shot extension would make the gun illegal and I would deep in deep crap if I was caught with it. Anyone has any insight here? They said if it did not have the pistol grip there would be no problems doing it.

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You might want to check with the ATF to know for sure. The applicable reg is 922®, which limits imports to 5 round magazine capacity. Its silent on the type of action - pump or semi-auto does not really matter. I've got a letter from ATF which spells out the situation for the M1 and there's another on the forum for the M4. You can search the forum with the term "legal" and you'll see several threads. Here's mine from last year. http://www.benelliusa.com/forum/showthread.php?t=7763&highlight=legal

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The M1 and M4 are both regulated under definition of the 1968 GCA. The Nova is not.

 

 

178.40 Manufacture, transfer, and possession of semiautomatic assault weapons.

 

(a) Prohibition. No person shall manufacture, transfer, or possess a semiautomatic assault weapon.

 

(b) Exceptions. The provisions of paragraph (a) of this section shall not apply to:

 

(1) The possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed in the United States under Federal law on September 13, 1994;

 

(2) Any of the firearms, or replicas or duplicates of the firearms, specified in 18 U.S.C. 922, Appendix A, as such firearms existed on October 1, 1993;

 

(3) Any firearm that --

 

(i) Is manually operated by bolt, pump, lever, or slide action;

 

(ii) Has been rendered permanently inoperable; or

 

(iii) Is an antique firearm;

 

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I agree with above in respect to the now expired AWB.

 

However, the BATFE regs prohibit firearms imports which did not meet "sporting purposes"... and their definition states that:

 

"A shotgun having a magazine capacity of more than five shells in prohibited from importation under 18 USC 925(d)(3) since it fails to meet sporting firearms criteria."

 

And you can't build one yourself because:

 

"...it is a violation of 18 USC 922® to assemble such a shotgun from more than 10 of the imported parts...."

 

You can have fun discussing what "sporting firearms" should mean, but the ruling was already been made in 1968 and did not include what they called "police style" competition (e.g. three gun). It was reinforced by Bush in 1989 with the import ban and again under Clinton in 1998.

 

The out is there, though - it looks like you can build one as long as the finished gun does not have more than 10 qualifying imported parts... M4 owners figured how to do this a while ago using US made parts, and there seem to be options for a 922® compliant M1 as well. I'd expect the Nova can be similarly parted out.

 

I'm not an attorney, nor I would I recommend taking legal advice from an on-line forum in anycase. If you want to be sure, write a letter to the BATFE firearms technolgy branch; they are very helpful.

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...And you can't build one yourself because:

 

"...it is a violation of 18 USC 922® to assemble such a shotgun from more than 10 of the imported parts...."

 

If the gun is eligible to be imported in it's current format - a 5-round mag-tube, and it is modified using domestic (US mfg'd) parts, it isn't in violation. JMHO and IANAL.

 

You should be wary of state level restrictions, however. While the federal act "sunsetted", many of the more restrictive gun-control states kept versions, or their own stricter versions, of the AWB in place. Check firearms law for your specific state. Fortunately (for me) NJ patterned theirs after the federal AWB and it only applies to semi-autos. Traded my "tacti-cool" Rem 1100 for a SuperNova last week. Mag extension goes on tonight.

 

Good luck.

 

Adios,

 

Pizza Bob

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