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My new Benelli M2 and 922r Compliance


arjuna70

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My interpretation may be wrong, but the language and intent of 922® is regarding the "assembly of imported PARTS" into an illegally importable firearm. This law was driven by all the military parts kits that were flooding the market at one time. My shotgun was not assembled from imported parts, it was imported as a complete shotgun. I changed a few things, and I don't think the ATF cares one bit.

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My interpretation may be wrong, but the language and intent of 922® is regarding the "assembly of imported PARTS" into an illegally importable firearm. This law was driven by all the military parts kits that were flooding the market at one time. My shotgun was not assembled from imported parts, it was imported as a complete shotgun. I changed a few things, and I don't think the ATF cares one bit.

I think your interpretation is the correct reading of the statute, but in the notice that ATF published in the Federal Register they claimed that "identical" means "similar" and "imported parts" means both imported and U.S made parts. The Federal Register notice is not available in the free online version of the Federal Register because of its age, but you can access at any depository library. It's called "DOMESTIC ASSEMBLY OF NONIMPORTABLE FIREARMS" and can be found at 58 Fed. Reg. 40589 (July 29, 1993).

I think there are some real problems with ATF's interpretation, which is why, to the best of my knowledge, they've never enforced 922® outside of the FFL revocation process where they are not required to prove each element of the crime beyond a reasonable doubt.

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Another thought for those worried about 922®. Would the choke tubes be considered a "muzzle attachment"? I would think so, and there are USA made choke tubes available. Or has the ATF ruled they don't count?

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Another thought for those worried about 922®. Would the choke tubes be considered a "muzzle attachment"? I would think so, and there are USA made choke tubes available. Or has the ATF ruled they don't count?

That's part of the problem, there are no actual "rulings" on parts counts. But, ATF has issued letters to individuals who request them concerning specific shotguns. I've never seen a threaded choke counted as a "muzzle attachement" for 922® purposes, if they were it really wouldn't help because that would just be one more part that needed replaced. For example, if a conventional stocked M2 is considered to have 12 parts, then, if chokes counted as a "muzzle attachement", it would have 13 parts. Replacing the imported choke with a US made choke would only get you back to 12 parts.

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I really would like to purchase a benelli m2 field and add a mag tube, but this rule seems a bit nonsensical. With that being said, I don't want to drop another $500 on new items that I don't really need. I mean, why buy a great gun if you have to replace everything inside of it?

So to make things easy and cheap, what do I need replaced if I want to add a +5 tube on the shotgun and still be compliant?

Also, what are the chances that anyone will actually take away way my firearm for not being compliant other than me waving it in front of ATF HQs?

I haven't really seen any new American made parts for the M2 (that a DIY shooter can get) since this thread was started.

If you are really set on an M2 the only parts that are American made (and can be had by the normal shooter) that I know of is (still) the follower and the stock.

If you want an M2 you can get one from Salient Arms, Taran Tactical and maybe Triangle Shooting Sports ready to go.

...or get a Remington Versa-Max. Made in America.

The Geissele hammer fits the M2. Hammer and follower gets you down to 10 imported parts.

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Another thought for those worried about 922®. Would the choke tubes be considered a "muzzle attachment"? I would think so, and there are USA made choke tubes available. Or has the ATF ruled they don't count?

That's part of the problem, there are no actual "rulings" on parts counts. But, ATF has issued letters to individuals who request them concerning specific shotguns. I've never seen a threaded choke counted as a "muzzle attachement" for 922® purposes, if they were it really wouldn't help because that would just be one more part that needed replaced. For example, if a conventional stocked M2 is considered to have 12 parts, then, if chokes counted as a "muzzle attachement", it would have 13 parts. Replacing the imported choke with a US made choke would only get you back to 12 parts.

That was kinda my point. I know it wouldn't help the parts count. The whole issue is the lack of clarity causing confusion for some people. I will stick to my beliefe it only applies if you purchased all the parts and assembled it all yourself. If you start with a complete firearm and change a few things, no one cares at the ATF.

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