Benelli M4 and 922r violations

[ExactlyMyPoint]

As mentioned in a previous thread, a Benelli M4 followed me home from a gun show. I was a little perturbed about the 5 shot magazine capacity as the military version can hold 7.

I have searched and found a magazine extender. HOWEVER, I also found out why Benelli artificially limited the magazine capacity to 5. It seems that because it contains imported parts (duh, from Italy), it violates an import ban unless the magazine is limited to 5. And because of ATF regulation 922r, I cannot legally add the extender because it has too many imported parts.

Here are some threads that explain it in more detail.

Benelli M4 & 922R

ATF Response to Legality of Full Length Mag Tube on Benelli M4


The gun is still NIB and I am seriously considering selling it because of this limitation. Had I known about this beforehand, I don't think I would have purchased this firearm. The other option is to keep it and just use/enjoy it with 5 rounds in the magazine. Ugh.

[DefensiveCarry.com]

[big gary]

wow, now you have me thinking. all tom knapps guns, the trick shooter for benelli, had the long mag tubes so he could shoot his trick shots. i wonder if he has a class 3 lic? i was also wanting to covert my m1 to a m4, now not sure.

[Rock and Glock]

922r is a tough nut.; I wouldn't mess with the ATF. I'd keep the Benelli no matter, or sell it to me. :) Keep it.

[liljake82]

I heard of one guy that contacted the ATF and got a letter listing the the "parts" of the gun (13 IIRC) then he changed out a few with US made parts so he could run the full length tube.

[gumaro]

You can add U.S parts to keep the parts count 922r compliant. I'm not sure what parts are U.S on the Benelli, but if the stocks aren't U.S you can add either a buttstock or forearm, if the mag tube you have on the gun now is Italian part you can change it to U.S part, then your good to go. You just have to keep the count at no more than 10 imported parts, from the 922r list. The Benelli doesn't have these following from list. #3,4,5,8,13, and 20. So 10 of the following parts left from the list have to be U.S made. Now for example, lets say that the Benelli has 1,2,6,7,9,10,11,12,14, and 15 as U.S parts you can add a imported mag tube, but if you remove a U.S part you have to replace it with a U.S part. So check to see what parts on your gun are U.S and then add the 7 round mag tube as long as you keep 10 U.S parts total. Sorry it is so long and hope you can understand what I'm saying.


(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons (x2)
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Butt stocks
(16) Pistol grips
(17) Forearms, hand guards
(18) Magazine bodies
(19) Followers
(20) Floor plates

[Super J]

Has anyone received a response from the ATF regarding the legality of adding a +2 mag extension to a stock/pistol grip Benelli M1??

[larebel]

I thought it was just illegal to sell to someone with the amount of parts, not to own...

[Thanis]

I thought it was just illegal to sell to someone with the amount of parts, not to own...

I was thinking the same thing, in part. If you own the parts, and potential sum of the parts could be illegal, thats all that is needed.

I don't know this as fact.

[gumaro]

Has anyone received a response from the ATF regarding the legality of adding a +2 mag extension to a stock/pistol grip Benelli M1??

You can add an extension as long as you keep the correct parts count. I built 2 FN FAL metric rifles from imported parts, but had the required amount of US parts (7) installed. The US parts on my Fals are receiver, piston, trigger, hammer, sear, hand guards, pistol grip, and buttstock. Thus having the correct amount of parts to comply with 922r. Each firearm has a different amount of US parts needed to comply, like Yugo SKS needs 7 parts. For those of you that change any part on it thus taking it of the C&R status, for example if you install a Tapco stock without adding the 6 other US parts you are breaking the law. The AK needs 5 US parts to be compliant. So as long as you keep your Benelli with 4 or more US parts, you can add a mag extension. Just ask Benelli what parts are US on your gun.

[stanislaskasava]

I think it's just plain silly that there is any such law pertaining to a certain ratio of imported vs domestic parts of a gun. Off hand, I can't think of any legitimate reason to have such a law and I'm guessing that it must've been crafted to aid a particular company or politician, financially.

Does anyone know better?

[PaxMentis]

I have been told that an american made magazine actually adds 3 "domestic" parts...wouldn't that actually solve the problem if true?

[Katana]

I have been told that an american made magazine actually adds 3 "domestic" parts...wouldn't that actually solve the problem if true?

Yep, that's true, but the fact that the Benelli M4 isn't a box or drum magazine fed weapon is the problem. But by replacing the spring and the follower in the tube you'd have 2 of the parts needed towards 922(r) compliance(provided those were Italian made to begin with.)

Edit- Scratch that, only the follower would count towards compliance, the spring doesn't count.

AK owners have long had to dance around that moronic law. To me, I equate it to buying an imported car; it's not like you have to replace the transmission, tires, and exhaust system with American parts so you can run it over 55 mph, so why should we have to replace perfectly good parts in our imported firearms so they can be at full capacity?

[Super J]

Has anyone received a letter from the ATF detailing the number of 922r parts are on a pistol grip benelli M1? I've read some people saying its 12 whereas others are saying 13.

[ghost tracker]

Gun laws, like laws regarding taxes, interstate commerce, property rights, et al. don't have to be near as complex & convoluted as they've become. It's simply one of the "benefits" we receive when we choose to elect lawyers as legislators. I'm ready to replace 'em all with cab drivers, barbers & bartenders...maybe throw-in a soccer mom or two. Plain language takes MORE, not less, wisdom.

[HotGuns]

Actually the 922r is one of the most misunderstood laws there is.

It prevents import of guns that dont comply and it prevents manufacturers from making them and selling them as such.


Just replace some of the parts with American parts and call it good. Its not the big deal everyone thinks it is and its easy to get around. If in doubt, do it with 13.