922r still really confusing me with my Benelli M1S90 - How many parts to add?

[FJR86]

I am looking to add a magazine extension and factory pistol grip stock to my Benelli M1S90.

Looking at a Dave Metal Works 3+ magazine extension and follower. They are both US made parts. How many more parts do I need to add to be in 922r compliance? I know the magazine tube extension does not count as a US made part.

I read somewhere that Benelli M1s need to have 2 parts added to be in compliance (FreedomFightersTactical.com). I am unsure of the validity to the information.

Correct me if I am wrong, but adding the DMW magazine extension, US made follower, and 1 other US part then I should be in compliance?



Or on the other hand:


I could just keep the straight stock and add a magazine extension. Adding a magazine extension does not violate 922r compliance, is that correct as long as I keep the straight stock?

It seems I would be better off just not messing with 922r to begin with.

[GunLawyer001]

The proper way to apply 922(r) is to look at how many imported parts it has, NOT how many domestic parts you added.

A quick Google search gave me this list, which I can't vouch for, but it's a starting point for discussion:

PEBKAC 06-20-2011, 2:54 PM
The ATF opinions are all over the place.

However what baffles me is the M4 letter doesn't count the piston(s) the M4 has...below is the list of countable parts, I'll put an (M1) (M4) and (M1014)* next to the parts to indicate what has what to the best of my knowledge.

(1) Frames, receivers, receiver castings, forgings or stampings (M1) (M4) (M1014)
(2) Barrels (M1) (M4) (M1014)
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts (M1) (M4) (M1014)
(7) Bolt carriers (M1) (M4) (M1014)
(8) Operating rods
(9) Gas pistons (M4) (M1014)
(10) Trigger housings (M1) (M4) (M1014)
(11) Triggers (M1) (M4) (M1014)
(12) Hammers (M1) (M4) (M1014)
(13) Sears
(14) Disconnectors (M1) (M4) (M1014)
(15) Buttstocks (M1) (M4) (M1014)
(16) Pistol grips (M1014)
(17) Forearms, handguards (M1) (M4) (M1014)
(18) Magazine bodies (M1) (M4) (M1014)
(19) Followers (M1) (M4) (M1014)
(20) Floorplates
http://www.calguns.net/calgunforum/a.../t-445732.html

If you modify the gun so that 922(r) applies, you have to look at how many discrete imported parts or parts groups are on the list and in the gun. Adding additional American parts does nothing to reduce the imported parts count, you have to REPLACE the imported parts with American parts.


(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925 (d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to—
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

[unclejumbo]

A follow-up to this question. If the firearm was imported pre-ban, does altering it's original configuration bring 922R to bear? A lot of the M1 S90s were pre-ban. I've been looking at them and I want to know if I have to buy one imported with pistol grip and extended mag or I can add it.

[GunLawyer001]

A follow-up to this question. If the firearm was imported pre-ban, does altering it's original configuration bring 922R to bear? A lot of the M1 S90s were pre-ban. I've been looking at them and I want to know if I have to buy one imported with pistol grip and extended mag or I can add it.

It had to have been possessed in a banned configuration prior to the effective date of the ban. Once it's grandfathered as an evil assault weapon, you can change it around a bit, but if the ban came and went with the imported gun in a virgin Fuddlike state, you missed the boat.

What people get confused about is the prosecutorial reality, that it's a lot harder to prosecute alteration/possession of a gun that has paperwork showing that it COULD have had an extended tube and a pistol grip prior to the ban. It's a lot easier to establish that the gun that came into the USA during 1996 wasn't grandfathered as of 1994; there will be paperwork from the factory. But that's not what the law says. If the Feds really want your ass (because you showed up and challenged the BLM in Nevada, for example), they could potentially get your ex-wife to testify about that day in 2000 when you took the pristine gun and swapped out parts while watching "Malcom in the Middle" with her. Or your buddy with the coke problem may be looking to make a deal with the DEA, and diming you out is looking like a solution.

It's not a law that has been enforced significantly, but there's a real difference between "small risk" and "no risk". And there's no real argument about definitions, a "pre-ban gun" requires the features prior to the date, it's not automatically pre-ban just because the receiver existed in 1993. We've seen the ads for "pre-ban virgin AR-15 receivers", and they were simply wrong.

[unclejumbo]

It had to have been possessed in a banned configuration prior to the effective date of the ban. Once it's grandfathered as an evil assault weapon, you can change it around a bit, but if the ban came and went with the imported gun in a virgin Fuddlike state, you missed the boat.

What people get confused about is the prosecutorial reality, that it's a lot harder to prosecute alteration/possession of a gun that has paperwork showing that it COULD have had an extended tube and a pistol grip prior to the ban. It's a lot easier to establish that the gun that came into the USA during 1996 wasn't grandfathered as of 1994; there will be paperwork from the factory. But that's not what the law says. If the Feds really want your ass (because you showed up and challenged the BLM in Nevada, for example), they could potentially get your ex-wife to testify about that day in 2000 when you took the pristine gun and swapped out parts while watching "Malcom in the Middle" with her. Or your buddy with the coke problem may be looking to make a deal with the DEA, and diming you out is looking like a solution.

It's not a law that has been enforced significantly, but there's a real difference between "small risk" and "no risk". And there's no real argument about definitions, a "pre-ban gun" requires the features prior to the date, it's not automatically pre-ban just because the receiver existed in 1993. We've seen the ads for "pre-ban virgin AR-15 receivers", and they were simply wrong.

Thanks, my plan has been to buy one configured from the factory the way I want it, with box. From my research, I thought this was the answer but there's always somebody offering a counter opinion. I thought a defense against prosecution of "some guy on the internet said otherwise" would be pretty weak.

[FJR86]

The proper way to apply 922(r) is to look at how many imported parts it has, NOT how many domestic parts you added.

A quick Google search gave me this list, which I can't vouch for, but it's a starting point for discussion:

PEBKAC 06-20-2011, 2:54 PM
The ATF opinions are all over the place.

However what baffles me is the M4 letter doesn't count the piston(s) the M4 has...below is the list of countable parts, I'll put an (M1) (M4) and (M1014)* next to the parts to indicate what has what to the best of my knowledge.

(1) Frames, receivers, receiver castings, forgings or stampings (M1) (M4) (M1014)
(2) Barrels (M1) (M4) (M1014)
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts (M1) (M4) (M1014)
(7) Bolt carriers (M1) (M4) (M1014)
(8) Operating rods
(9) Gas pistons (M4) (M1014)
(10) Trigger housings (M1) (M4) (M1014)
(11) Triggers (M1) (M4) (M1014)
(12) Hammers (M1) (M4) (M1014)
(13) Sears
(14) Disconnectors (M1) (M4) (M1014)
(15) Buttstocks (M1) (M4) (M1014)
(16) Pistol grips (M1014)
(17) Forearms, handguards (M1) (M4) (M1014)
(18) Magazine bodies (M1) (M4) (M1014)
(19) Followers (M1) (M4) (M1014)
(20) Floorplates
http://www.calguns.net/calgunforum/a.../t-445732.html

If you modify the gun so that 922(r) applies, you have to look at how many discrete imported parts or parts groups are on the list and in the gun. Adding additional American parts does nothing to reduce the imported parts count, you have to REPLACE the imported parts with American parts.


(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925 (d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to—
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

Thank you for the information!

It seems that the M1 has listed 12 parts, which would be consistent with the other information I found that I must replace 2 import parts with 2 domestic parts. But to clarify, do I need less than 10 or is it "10 and under"?

Gunlawyer001, I am obtaining some of my information from here if you are interested in reading up on what Freedom Fighters Tac has to say about M4 922R compliance. They are stating you must replace 3 parts on M4s (4 parts if you use the C-stock, which I do not know what it is since I do not own an M4). On your list it appears there are only 12 parts. So your conclusion that pistons should also be included for the M4 would be correct.

http://freedomfightertactical.com/922r-faq/

[scoutjoe]

It seems that the M1 has listed 12 parts, which would be consistent with the other information I found that I must replace 2 import parts with 2 domestic parts. But to clarify, do I need less than 10 or is it "10 and under"?

"10 parts or less" so 10 non-USA parts is ok, 11 is right out

[GunLawyer001]

"10 parts or less" so 10 non-USA parts is ok, 11 is right out

Is that a really subtle Monty Python homage?

[Justin2012]

Hey guys, I'm having the exact same dilemma with my M1 Super 90. Would I be compliant if I added a made in USA extended mag tube, a made in USA Surefire for-end, and a Made in USA follower? By my count, that would make it so that my shotgun would have 9 non-USA parts on it.

[FJR86]

Hey guys, I'm having the exact same dilemma with my M1 Super 90. Would I be compliant if I added a made in USA extended mag tube, a made in USA Surefire for-end, and a Made in USA follower? By my count, that would make it so that my shotgun would have 9 non-USA parts on it.

As per previously mentioned, the magazine extension tube does not count as a compliant part. Parts that count have to be on the provided list. A magazine extension is not the same as a magazine body. The magazine body would be considered the factory magazine tube. FFT offers a US Made replacement magazine tube body.

If you are very worried about part compliance, get the FFT trigger kit. https://freedomfightertactical.com/p...lli-m4-shotgun

I have the trigger, plus a US made follower (but the follower isn't marked as such). It gave me peace of mind and the trigger has worked fairly well for me.