Benelli M1 Super 90
I bought a Benelli 18" barrel M1 Super 90 that is factory equiped with 8 shot extension tube, Muzzle Brake, and pistol grip/shoulder stock combo.
So basically it's an 8+1 Tactical shotgun. Is it legal or not??
Legal where? Legal for what?
It's legal in USPSA Multi-gun competition, would be a "Limited" division gun. If you
are having legallity doubts, send it to me. I'll evaluate it for a couple of years and let
you know. :)
I was basically wondering if it didn't meet some obscure ban imposed on us by some free-wheeling liberal...
I had a rather lengthy conversation with the people at Benelli USA today, regarding my 9 shot M1 Super 90. According to them, it's completely legal in every respect. The M1 Super 90 can't be imported with an 8 shot tube magazine, that's all. I was also informed that I could command some big bucks for my OEM 8 shot tube, if I was interested in selling it. No thanks, I'll keep it.
I had Benelli USA look up my serial number and it was Mfg. in April, 2005 and it included an 18" barrel with a muzzle brake, and pistol grip/shoulder stock. The original magazine tube was a 4+1, I sure wished it was in the box...
Absolutely nothing illegal about this shotgun in Texas, BY GOD! The pistol gripped version had to be equipped with the short tube to get by the importation rules. Adding an OEM extension does nto make it illegal, just more useful. Keep a close eye on the barrel/extension tube support bracket. The screw has a nasty habit of loosening up and getting lost. Finding an aftermarket replacement is a biotch as it is metric treaded.
Most super 90's will not cycle reliably with low power ammo. They show a definate bias toward full power ammo. Our 14" entry guns will not cycle "reduced recoil" or "tactical" buck shot. For practice, try the high brass "duck/pheasant" loads. They generally work pretty well.
Some need to read the 922r law.
Unfortunately, there is a Federal restriction on all imported shotguns imported after 1990. It is illegal to add a mag tube extension increasing the mag tube capacity past 5 rounds. If you do you have to follow the law of 10 US made parts.
US CFR (Code of Federal Regulations) Part 178.39
§ 178.39 Assembly of semiautomatic rifles or shotguns.
(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
...Part C reads:
(c) For purposes of this section, the term imported parts are:
(1) Frames, receivers, receiver castings, forgings or stampings
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(16) Pistol grips
(17) Forearms, handguards
(18) Magazine bodies
ATF takes this law a step further and applies it to pump shotguns as well as semi-autos.
Benelli shotguns with pistol grip butt stocks are allowed to be imported into the US as "sporting" firearms because the pistol grip and the butt stock are one piece. If the pistol grip was removable, they would not allow it to be imported as a "sporting" firearm. This interpretation by BATF goes to the point that they consider a shotgun to be non-sporting if it has a detachable pistol grip that protrudes beneath the receiver of the shotgun.
Adding a magazine extension that would increase your capacity beyond 5 rounds would not be allowed under this same interpretation of the "sporting" criteria. The only way this would be legal would be to assemble the gun in the US and do it with the requisite 10 US made parts from the above list.
This is why the FN SLP shotguns are now being assembled in the US (South Carolina) now.
Having said all of the above, I know of no one who has ever been prosecuted for adding a pistol grip or magazine extension to their imported pump or semi-auto shotgun. The ATF doesn't care. Go to any 3 gun match and you will find imported shotguns with tube extensions.
To paraphrase Klinton, that depends on your definition of assemble. Is adding a part assembling? Is detail stripping for cleaning and re-assembling the same as assembling? I love how ATF "takes it a step further" by applying the rules for semi-auto shotguns to pump guns. Maybe I would like to "take it a step further" and enforce a state law my own way! Oops, I don't have that authority so why do they?
If they intended to make 922r apply to end users they should have said assemble or modify. I know, US courts don't like to be mocked. ATF (as an agency) has no sense of humor (even though most agents I have known and worked with do have a sense of humor).
This law is a very low on the ATF priority list. They allowed thousands FN SLP shotguns to be imported into the US and they are still being sold. They did finally put a stop to it. No fines were imposed and no guns seized.
The 992r law is left up to how the ATF wants to interpret and enforce it.
Thank you gentileman for your valuable input!
My "understanding" of my S90 shotgun is... it was assembled in the USA. I know for a fact that it was not equiped with the 8 shot tube. The serial number indicates it had a 4 shot tube. And, my shotgun won't fit in the original box with the 8 shot tube on it. However, the 8 shot tube IS a genuine Benelli product!
The Benelli Customer Service Tech offered me five hunderd dollars for my tube. So it must be in some sort of demand...
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