**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 Because of this, the information on this page may become outdated at any moment.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 and/or add a collapsible stock to 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.  The law also prohibits us from adding a collapsible stock.  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. If should add a collapsible stock, whether or not we increase capacity, we need to replace a total of four imported parts on our Benelli M4 with American made parts. 

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 parts directly above five or six times if necessary. 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. If should add a collapsible stock, whether or not we increase capacity, we need to replace a total of four imported parts on our Benelli M4 with American made parts. 

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 or FOUR parts from the following parts list to bring a BENELLI M4 semi-automatic shotgun into compliance, depending on which parts you are adding:

  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*^ 

*This is an item that is carried in the FFT store for the Benelli M4.

^This is an item that is carried in the FFT store for the Benelli M1 / M2.

Basically, your firearm cannot contain more than 10 imported parts from that list to legally build the M4 with either added capacity to the mag tube and/or adding the collapsible stock – which is how we arrive at THREE parts (or FOUR 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 from us or anyone else who made it in the USA, 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) (or three more parts if you are adding the collapsible stock, even if you aren't adding magazine capacity).

Notice that the three parts (or four parts) must be USA made and totally replaced. Therefore, the installation of a 2 round magazine EXTENSION does not count towards 922(r) compliance. To use the 2 round EXTENSION, the user must still replace a total of three other parts off that list in order to be compliant with federal law (or FOUR if you are adding the collapsible stock). 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.

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.  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

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