922(r) FAQ

**READ THIS PAGE THOROUGHLY AND WATCH THE VIDEOS AT THE BOTTOM OF THE PAGE FOR AN UNDERSTANDING OF 922(r). If you call us to ask questions about 922(r), you’ll get the same info as you get on this page and in the videos.

This page specifically addresses our communications with the Bureau of Alcohol, Tobacco, and Firearms regarding the Benelli M4 shotgun and federal law 18 U.S.C. § 922(r) (referred to below simply as 922(r)), 27 CFR § 478.39, and 18 U.S.C. §925 (d)(3).

This page only addresses what the ATF has communicated to us, and is not intended to provide our customers with legal advice in any fashion. Be aware that laws change, and government agencies may change certain policies in enforcing the laws of this land. Because of this, the information on this page may become outdated at any moment.

FFT strongly recommends that any owner of a Benelli M4 shotgun who wishes to alter their shotgun by increasing the magazine capacity send their own letter to the ATF for clarification on the relevant law, which is 922(r) and the other laws above. We at FFT sent a letter on July 9, 2010, and received a response from the ATF that was stamped July 19, 2010.

For those who desire to send their own letter, we at FFT used the following address:

Chief, Firearms Technology Branch
Bureau of Alcohol, Tobacco, and Firearms
Firearms Technology Branch
244 Needy Road
Martinsburg, WV 25401

In short, federal law prohibits us from increasing the magazine capacity on our Benelli M4 shotguns from 5 rounds to any more than 5 rounds. However, there is a way around this, as stated above and as defined by federal law and the ATF. How we achieve this is as follows:

We must replace a total of three imported parts on our Benelli M4 with American made parts in order to increase the capacity of the magazine. We cannot choose any three parts we wish. The ATF and federal law gives us a specific list of parts to choose from.

Be sure to read the bolded, underlined part five or six times. We suggest that you read it a bunch, because no matter how many times we explain it to people on the telephone, they still do not get it. To be sure, we’ll say it again:

We must replace a total of three imported parts on our Benelli M4 with American made parts in order to increase the capacity of the magazine. We cannot choose any three parts we wish. The ATF and federal law gives us a specific list of parts to choose from.

Which parts can we replace on our Benelli M4 to obtain compliance? Federal law and the ATF told us that we must replace THREE parts from the following parts list to bring a BENELLI M4 semi-automatic shotgun into compliance:

  1. Receiver
  2. Barrel
  3. Bolt
  4. Bolt carrier
  5. Gas piston
  6. Trigger housing
  7. Trigger
  8. Hammer
  9. Disconnector
  10. Buttstock (with integral pistol grip)
  11. Forearm/handguard (forend)
  12. Magazine body
  13. Follower

Basically, your firearm cannot contain more than 10 imported parts from that list – which is how we arrive at THREE parts that must be completely removed and replaced with American made parts.

Notice that the “magazine body” is in the list. This is the magazine tube. So, if you install a full length magazine tube on your gun, you are replacing the factory magazine tube, so you now only need to install two more parts off the list to be in full compliance with 922(r).

Notice that the three parts must be USA made and totally replaced. Therefore, the installation of a magazine EXTENSION does not count towards 922(r) compliance. To use the EXTENSION, the user must still replace a total of three other parts off that list in order to be compliant with federal law. The reason the EXTENSION tube does not count towards compliance is because you mustreplace the original part with the USA made part, and using the EXTENSION does not replace the original magazine tube, it only extends it.

The ATF specifically stated in the letter we received that “no paperwork or fees are required to alter your weapon as long as the barrel length is kept above 18 inches, the weapon features a shoulder stock, and the resulting firearm retains an overall length of at least 26 inches (with stock extended).” Additionally, ATF agents we have spoken to at the SHOT Show have informed us that it is not necessary that the parts are stamped with marks identifying the part as made in the USA, but it is a nice precaution that any parts one uses to achieve compliance are indeed marked as made in the United States.

It should be noted that this discussion in general presumes you are either using the Benelli OEM stock or an aftermarket stock, and NOT the Benelli M4 collapsible stock. For those using the Benelli brand collapsible stock, you actually increase the 922(r) part count by one, meaning you would need to replace a total of four (4) other parts to achieve compliance. This is because the original Benelli M4 stock is a stock with an integrated pistol grip. The Benelli collapsible stock is two pieces comprised of the stock as one piece and the pistol grip as another piece.

Because we know there are still questions, we have an FAQ below to address this situation.

Increase Benelli M4 Tactical Shotgun Magazine Capacity and Maintain 922(r) Compliance

Collapsible Stock (C-Stock) 922(r) Compliance with the Benelli M4 Tactical Shotgun per the ATF

Freedom Fighter Tactical: 922(r) Compliance with the Benelli M1 and M2 Tactical Shotguns

922r

Can I contact FFT to discuss 922(r) and my Benelli M4 shotgun?

We really cannot tell you anything more than is stated on this page. For us to talk to you about it would simply mean we are telling you the same thing you can read on this page. While we do not mind sharing our time talking to you and helping you with your questions, we prefer to not spend a great deal of time discussing what may be found on this page regarding 922(r).

Does FFT sell three parts that, if installed, cause my Benelli M4 to be in compliance with 922(r)?

YES! If you purchase and install an FFT 922(r) compliant full length magazine tube, an FFT 922(r) compliant follower, and the FFT 922(r) compliant tactical forend, you will be in full compliance with 922(r) unless the law changes. FFT also offers several other 922(r) parts, including the FFT trigger, FFT hammer, FFT disconnector, and any Mesa Tactical stock. Any three parts gets you to compliance, so long as you are using the standard stock. Use of the C-stock requires four of the above parts. This is, unless the law changes. You are responsible to keep up with the changes in the law.

I want the magazine EXTENSION tube. Does FFT sell all the parts that make it legal to install the EXTENSION tube?

At this time, YES! At the time of this writing, we sell the following parts to assist you in achieving compliance: FFT 922(r) follower, FFT 922(r) compliant forend, FFT 922(r) compliant disconnector, FFT 922(r) compliant trigger, FFT 922(r) compliant hammer, and any version of Mesa Tactical stocks that we currently sell.

The reason the EXTENSION tube does not count towards compliance is because you must replace the original part with the USA made part, and using the EXTENSION does not replace the original magazine tube, it only extends it.

What is 922(r) again? I forgot already.

This is explained above.

How many different parts must I replace on my Benelli M4 to legally install the full length magazine tube?

You must replace a total of three parts from a specific list of parts as defined by the ATF before you can legally install a full length magazine tube on your Benelli M4. Fortunately, the full lengthmagazine tube counts as one of the three parts.

THIS APPLIES TO THE FULL LENGTH TUBE ONLY!

How many different parts must I replace on my Benelli M4 to legally install the magazine EXTENSION tube?

This information is available on the FFT 922(r) page, but to be sure, we've included a brief summary here. You must replace a total of three parts (IN ADDITION TO THE EXTENSION ITSELF, for a total of 4 parts) from a specific list of parts as defined by the ATF before you can legally install a magazine extension tube on your Benelli M4. Unfortunately, the magazine EXTENSION tube does not count towards 922(r) compliance as the full magazine tube does. Please see the FFT 922(r) page for more information.

Does the charging handle count as a part towards 922(r)?

Only because this question is asked thousands of times, no, the charging handle does not count as a part towards 922(r) compliance. Please see the FFT 922(r) page for more information.

My gunsmith told me I needed to replace 4 (or 5, or 6, or 7) parts to bring the Benelli M4 into compliance with 922(r). Is that true?

Did your gunsmith give you a copy of a letter from the ATF that stated that? If he or she did not, then they may be mistaken.

Does all of the above regarding 922(r) apply to the M1, M2, or M3?

FFT only provides this information to specifically address the M4. FFT has not contacted the ATF to inquire about 922(r) and the M1, M2, or M3.

If I replace three parts on my Benelli M4 shotgun, may I then possess the shotgun with the increased magazine capacity in either New York, New Jersey, Connecticut, or Massachusetts?

State law governs the prohibitions on the increased capacity on a semiautomatic shotgun for those states, which is a completely different issue than 922(r). Possessing a 922(r) compliant shotgun with greater than 5 rounds in New York, Connecticut, New Jersey, or Massachusetts is still illegal under each of those state’s laws.

One exception exists, however, for New Jersey residents.

New Jersey allows for up to a 6 round magazine tube on a Benelli M4 semiautomatic shotgun, but only if that shotgun is equipped with a non-pistol grip “field” stock. In fact, for the New Jersey residents who desire a 6 round magazine tube on their Benelli M4 shotgun and have swapped out the pistol grip stock for the field stock, to be free from potential prosecution, that person must not even OWN the pistol grip anymore – get rid of it entirely – to avoid a potential charge under a theory of “constructive possession.” In addition, for those that own a 6 round magazine tube in New Jersey who also own a Benelli collapsible stock – get rid of it for the same reason.

Please realize, this is not legal advice. We are just informing you of what our understanding of the law is. It is the gun owner’s obligation to verify anything we have said and to be sure he or she is in complete compliance with state and federal law. We cannot say it enough – at FFT, we do not provide legal advice and strongly advise that residents in any state check the state statutes for updates and we strongly advise against violating any laws, state or federal.

For shotgunners in New York, New Jersey, Connecticut, and Massachusetts who cannot have a 7 round capacity but would like to outfit their Benelli M4 tactical shotgun with a 5 round Titanium tube for increased strength and weight reduction, FFT is pleased to offer 5 round Titanium tubes at attractive pricing. See our listing for details.

People on the internet routinely talk about ignoring 922(r) in regards to the Benelli M4. Is that a good idea?

Is ignoring a law ever a good idea? FFT strongly urges its customers to follow the law precisely as the ATF has interpreted it.

How many different parts must I replace on my Benelli M4 to legally install the full length magazine tube?

You must replace a total of three parts from a specific list of parts as defined by the ATF before you can legally install a full length magazine tube on your Benelli M4. Fortunately, the full lengthmagazine tube counts as one of the three parts.

THIS APPLIES TO THE FULL LENGTH TUBE ONLY!

I still do not understand how many parts I need to make my FULL LENGTH magazine tube compliant with 922(r). What is the easiest way to achieve compliance?

To install the FULL LENGTH magazine tube and be in compliance, you must replace three parts. The FULL LENGTH magazine tube counts as a part. Look at it this way:

FFT FULL LENGTH magazine tube + any two of the following parts: FFT follower, FFT forend, FFT disconnector, FFT trigger, FFT hammer, Mesa Tactical Stock = 922(r) compliance

I still do not understand how many parts I need to make my EXTENSION tube compliant with 922(r). What is the easiest way to achieve compliance?

To install the EXTENSION magazine tube and be in compliance, you must replace three parts IN ADDITION TO the magazine EXTENSION tube. Unfortunately, the magazine EXTENSION tubedoes not count as a part. Look at it this way:

FFT magazine EXTENSION tube + any of the following three (3) items: FFT Forend, FFT Follower, FFT Disconnector, FFT Trigger, FFT Hammer, Mesa Tactical Stock = 922(r) compliance

Currently, FFT manufacturers and/or sells everything you need for 922(r) compliance, whether you are running a standard stock or a collapsable stock.

Freedom Fighter Tactical


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