I get this question 20 or 30 times per week, and the question is always the same:
I had a question concerning the Benelli M4 LE model which comes stock with a 5 position telescoping stock and 7+1 capacity out of the box.
If the weapon arrives already in this format without any additions by the owner, is 922(R) compliance still necessary? It doesn't make much sense to me that a weapon would be sold to the gun owner out of the box already federally illegal, if that makes sense. Does the weapon being a "LE" model bypass 922(R) compliance?
And the answer is always the same:
Maybe. It depends on who is making the decision on this. Prosecutors can differ. Judges can differ. Private practice attorneys can differ.
Because there are inconsistent interpretations of the law, the best course of action is to go ahead and make it compliant.
The way the law is written, there is a gray area where one could conclude that if you buy the gun with either the 7 round mag tube or the skeletonized stock already on the gun, or both, you need not make it compliant.
Where there is a gray area, there are differing minds. Where there are differing minds regarding the law, potential liability exists.
It is our position that you should remove all liability so you can enjoy your weapon worry-free.
Feel free to disagree. It makes no difference to me if you disagree.
You can make the gun compliant for a few hundred bucks.
Think about it: one hour in an attorney's chair if you faced any legal issues over your build will cost more than compliance.
If the gun has a fixed stock, it's still a skeletonized stock that bumps it into 14 'evil' parts instead of 13 'evil' parts. It makes no difference if the stock actually adjusts or not.
So, if all you have is the 7 round tube, 3 USA made parts are necessary to bring it into compliance.
If all you have is the skeletonized stock, whether or not it collapses, 4 USA made parts are necessary to bring it into compliance.
If you have the skeletonized stock, whether or not it collapses, AND the 7 round mag tube, you still only need 4 USA made parts to bring it into compliance.
4 USA made parts are the most you'll ever need to bring the gun into compliance.
Many of you who contact me want to talk about the logic and reason behind this law. Don't waste our time. There is no logic and reason behind these gun laws. They're written by people who know nothing about guns and their only objective is to frustrate you and make it harder for you to enjoy your interest. It's that simple.
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