Just purchased an M4 and was wondering if I removed the two round limiter on the magazine tube and replaced with the two round extension tube, increasing it from 5 to 7 a round capacity, would I need to replace any other parts to be in compliance of 922r? The guys at OGC said no because the Benelli M4s were partially constructed/assembled in America. Is this correct? Everything I've googled suggests that adding the two round extender means you would have to swap out three parts with American made ones. Or is this just more internet bullshit?

Just purchased an M4 and was wondering if I removed the two round limiter on the magazine tube and replaced with the two round extension tube, increasing it from 5 to 7 a round capacity, would I need to replace any other parts to be in compliance of 922r? The guys at OGC said no because the Benelli M4s were partially constructed/assembled in America. Is this correct? Everything I've googled suggests that adding the two round extender means you would have to swap out three parts with American made ones. Or is this just more internet bullshit?

922R?

Did you read this article?  It appears to have a very good explanation on what parts must be swapped out/in, and recommends you request your own ATF letter covering your specifics. 

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

The Benelli is Importable into the USA as a complete firearm due to the sporting clause. The 5 rounds magazine meets this "sporting clause".

In order the to reconfigure a Non importable firearm after 1989 , no more than 10 imported parts can be assembled into a complete Rifle or Shotgun ONLY. Pistol are not included. The M4 in its original configuration (7rd) is NOT importable.

A list of 20 countable  "parts"  that ATF considers ; comprised in a rifle. The Benelli has 13 of these:

Receiver
Barrel
Bolt
Bolt carrier
Gas piston
Trigger housing
Trigger
Hammer
Disconnector
Buttstock / pistol grip
Forearm
Magazine body
Follower

Any three parts must be replaced with a Non IMPORTED part. US made.

Your gun should have an import mark  " Benelli  USA " mark and a "made in italy" mark. Which mean its assembled in Italy of 100% import parts.

Even if its assembled in the USA does not mean all the parts are American parts (IWI Tavor) .

The M4 is still not importable in it original configuration.

I'm just here to tell you that I'm jealous. I was fighting the urge to buy one on sale from OGC all weekend.

Take the words of a Salesman with a grain of salt.
Be careful !!! 



18 USC 922(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 .............


27 CFR 478.39 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.
(b) The provisions of this section shall not apply to:
(1)......
(2)......
(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.


USC 925 (d) 3

(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; or

To be clear, in its current config as sold they are compliant, when you add the extension, you do need to watch your parts count although many of the parts are now US MANUFACTURED by BENELLI USA (BERETTA USA) but getting proof is hard!   if somebody told you you didn't need to do anything but add the extension, they were in error,not trying to get one by you.   There is no nefarious plot in action.

 You'll notice that almost all the articles are from 2008 to 2012.   Before Beretta opened up their new US assembly plant.  We've been told by our representative that they are now sourcing their plastics in the US .   Which means the stock and the handguard are already US parts.   But without Beretta adding USA markings to these parts or being willing to provide documentation,  how do you stay lily white ?

 A company named freedom fighter tactical built themselves by selling 922r parts, so use caution,  as obviously creating fear helps them sell parts.

Now as you are adding mag extension you traditionally have to do 3 commonly replaced parts from:

Bolt
Bolt Carrier
Gas Piston
Trigger Housing
Trigger
Hammer
Disconnector
Forend
Magazine
Follower
Stock

Most people do forend (Botach or surefire), hammer (geiselIie) and follower.

http://www.brownells.com/shotgun-parts/trigger-group-parts/hammer-parts/hammers/benelli-m4-hammer-prod44723.aspx

http://freedomfightertactical.com/products-page/922r-compliant-followers/the-freedom-fighter-tactical-922r-compliant-aluminum-shotgun-follower-for-benelli-m4-red/

Remember mag extensions don't count as US part as you are not replacing a part, just adding.  The one piece extensions WOULD be adding a part and would count as 1 of 3.

 I think the biggest problem is it even if our reps tell their dealers that many parts are now sourced from the US , they probably use whatever they have handy so if they don't have the US part available they use the Italian therefore they're hesitant to certify any individual part as US made.

 It does sound like I need to re-brief our staff on the shotgun and US parts compliance.   I'll also reach out to our rep and see if they want to go on record .

To be clear, in its current config as sold they are compliant, when you add the extension, you do need to watch your parts count although many of the parts are now US MANUFACTURED by BENELLI USA (BERETTA USA) but getting proof is hard!   if somebody told you you didn't need to do anything but add the extension, they were in error,not trying to get one by you.   There is no nefarious plot in action.

 You'll notice that almost all the articles are from 2008 to 2012.   Before Beretta opened up their new US assembly plant.  We've been told by our representative that they are now sourcing their plastics in the US .   Which means the stock and the handguard are already US parts.   But without Beretta adding USA markings to these parts or being willing to provide documentation,  how do you stay lily white ?

 A company named freedom fighter tactical built themselves by selling 922r parts, so use caution,  as obviously creating fear helps them sell parts.

Now as you are adding mag extension you traditionally have to do 3 commonly replaced parts from:

Bolt
Bolt Carrier
Gas Piston
Trigger Housing
Trigger
Hammer
Disconnector
Forend
Magazine
Follower
Stock

Most people do forend (Botach or surefire), hammer (geiselIie) and follower.

http://www.brownells.com/shotgun-parts/trigger-group-parts/hammer-parts/hammers/benelli-m4-hammer-prod44723.aspx

http://freedomfightertactical.com/products-page/922r-compliant-followers/the-freedom-fighter-tactical-922r-compliant-aluminum-shotgun-follower-for-benelli-m4-red/

Remember mag extensions don't count as US part as you are not replacing a part, just adding.  The one piece extensions WOULD be adding a part and would count as 1 of 3.

 I think the biggest problem is it even if our reps tell their dealers that many parts are now sourced from the US , they probably use whatever they have handy so if they don't have the US part available they use the Italian therefore they're hesitant to certify any individual part as US made.

 It does sound like I need to re-brief our staff on the shotgun and US parts compliance.   I'll also reach out to our rep and see if they want to go on record .

Thanks for the reply, OGC. I actually did read about the 922r issues with regards to M4s at FFT before I bought it. I don't think your staff was giving me bad info. on purpose. This 922r nonsense is purposely worded in such asinine logic anyways. Truth be told, I was leaning towards replacing the trigger, hammer and disconnector, but wasn't sure if I wanted to spend the extra cash. Guess I'l have to bite the bullet - gun pun - and do it anyways.

Speaking about shotguns and all, are there any upcoming sales on 12ga shells? Thanks.

Take the words of a Salesman with a grain of salt.
Be careful !!! 



18 USC 922(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 .............


27 CFR 478.39 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.
(b) The provisions of this section shall not apply to:
(1)......
(2)......
(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.


USC 925 (d) 3

(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled; or

I am still confused by this law. Does this mean we cannot assemble a firearm made imported parts but we can import a gun that is made and assembled in a foreign country?

I am not following why it would be an issue to replace a magazine extension on a gun that is already legal. If you are putting an american made part on top of a foreign made gun that was legally imported, you are just making it more american which seems more in line with the law.

Why does this law even exist? Is it just to protect the market of american firearms makers?

Does this only apply to more complex guns since simple guns might not even have that number of parts.

Bush Sr. banned importation of most semiauto rifles and all shotguns from importation that was not readily adaptable for sporting purposes.

A firearm banned from importation, may not be assemble with more than 10 imported parts.

That is why pre banned rifles command such a higher price.

A firearm banned from importation, may not be assemble with more than 10 imported parts.

That is why pre banned rifles command such a higher price.

So it is pretty much impossible to buy a long gun that is 100% made in some other country?

Any idea why this law exists? Was it lobbying by American gun companies to limit competition?

Correct, only pre 89 are legal in 100% imported parts.



In the Presidential campaign last year Mr. Bush, a hunter and longtime member of the N.R.A., opposed to any bans on assault weapons. But a public outcry after a drifter armed with an AK-47 killed five schoolchildren in Stockton, Calif., in January helped convince others in the Administration that some limits were needed.

'' The import ban, he said, would have no effect on crime and drug problems, but would ''simply be another infringement on the Second Amendment rights of law-abiding American citizens.''

The National Rifle Association said it would ''fight this decision in the courts, on Capitol Hill and at the ballot box.''

So if someone wanted one of those nice Itallian made shotguns they are SOL? It would say made in Italy but only be partially true?

So if someone wanted one of those nice Itallian made shotguns they are SOL? It would say made in Italy but only be partially true?

Anyone can file a ATF Form 6 to important any firearm. The ATF will determine if it fits the "sporting clause" on a case by case basis.

Anyone can file a ATF Form 6 to important any firearm. The ATF will determine if it fits the "sporting clause" on a case by case basis.

I see. I wonder how that applies to someone who already owns it and then comes into the country with it. For tax purposes it isn't considered importing if it is something you already own I believe.

I see. I wonder how that applies to someone who already owns it and then comes into the country with it. For tax purposes it isn't considered importing if it is something you already own I believe.

You've never traveled overseas, I take it.

There is a form all travelers returning from overseas must file to declare anything you are bringing in that was acquired while on travel.  Depending on the declared value, you may have to pay taxes.

This is another fact that can be located quickly and at no cost on the Internet.:

https://help.cbp.gov/app/answers/list/search/1/kw/declaring%20items%20purchased%20abroad/suggested/1#s=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

Its Form 4457, NOT 6059 These can be done on the 1st floor of at the Honolulu Int Airport before Check in..

Just bring your item to the window and they will give you a receipt for all items you declare to export out of country..

CBP will inspect your item and stamp the form.......

Keep this form in your Passport when returning to the US.

Form 4457