Shotgun import ban question

[tulsamal]

I've got an FN SLP and it was made in Belgium.

Lightest recoil I've ever felt when firing a fast string of full power 00 Buck.

Gregg

 

[cslinger]

I've got an ATF letter around here somewhere that states pretty succinctly that adding an extended magazine to a Benelli Nova is pretty much illegal in their view.

Now does that mean they are going to come after the end user? Not likely unless you knock over a 7-11 with it. It does mean they seem to be coming down on dealers and manufacturers of late.

Me personally, not worth my headache so my NOVA is stock sans magazine tube.

Chris

 

[LAR-15]

Still haven't found a law banning the import of extended tube shotguns into the US.

 

[waterhouse]

Lar-15,

Part of the problem is that I don't think you will find an actual law. The ATF has written letters to the effect that over 5 rounds in a shotgun means it isn't sporting . . . meaning the attorney general won't approve import per 18 U.S.C. 925(d)(3). There aren't any specifics listed in this law, and in my opinion that was intentional to leave a lot of leeway. I'm not a lawyer though, but I've seen copies of the letters, one of which contains the wording:

A shotgun with a telescoping stock or a magazine greater than 5 rounds is prohibited from importation into the United States under the provisions of section 925(d)(3) of Title 18, United states code (U.S.C.). Assembly of such a shotgun from imported parts is prohibited under 18, U.S.C. Section 922(r). The implementing regulations in Title 27, Code of Federal Regulations, Part 478, Section 478.39 (formerly Part 178, Section 178.39) prohibit assembly of such a shotgun that contains more than 10 of the imported parts listed in paragraph (c) of the regulation.

This was signed by John Spurgeon, Chief, Firearms Programs Division.

Basically, it seems, in the eyes of the ATF, an imported shotgun capable of holding more than 5 rounds would not meet the sporting clause and could not be imported, and therefore in combination with 18 U.S.C. 922(r) you cannot import a shotgun that hold 5 rounds and modify to hold more than 5 rounds, making it non-sporting (and thus non-importable.)

Once again, I'm not a lawyer, but the letters from the ATF make it pretty clear that any imported shotgun of any action type which holds 5+ rounds is non sporting and thus non importable, and thus non-"manufacturable" after importation. Take all this with a grain of salt, it doesn't make much sense to me.

 

[Prince Yamato]

A shotgun with a telescoping stock or a magazine greater than 5 rounds

I'm pretty sure they mean detachable magazine. 922(r) was basically a precursor to the federal AWB, but on an imports-only level. If you read BATF letters pertaining to 922(r) you'll see this. The tube is a fixed magazine. I'm pretty sure the ATF could care less about tube magazines or fixed magazines in general.

 

[waterhouse]

My fault Prince Yamato, I should have copied the whole letter, which discusses the addition of a magazine extension on a Benelli shotgun:

This refers to your letter of September 21, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you ask about adding a telescoping stock and a magazine extension to a Benelli M1014 shotgun.

A shotgun with a telescoping stock or a magazine greater than 5 rounds is prohibited from importation into the United States under the provisions of section 925(d)(3) of Title 18, United states code (U.S.C.). Assembly of such a shotgun from imported parts is prohibited under 18, U.S.C. Section 922(r). The implementing regulations in Title 27, Code of Federal Regulations, Part 478, Section 478.39 (formerly Part 178, Section 178.39) prohibit assembly of such a shotgun that contains more than 10 of the imported parts listed in paragraph (c) of the regulation. Please see the enclosed brochure for further information. Assembly of such a shotgun using 10 or less of the listed import parts is not prohibited. The shotgun is also subject to whatever State laws and local ordinances may apply.

We thank you for your inquiry and trust that the foregoing has been responsive to your request.

 

[LAR-15]

Huh.

So how was/is FN able to import their shotgun?

 

[toivo]

The reason I pointed out that the FN shotties are built on Winchester actions is that I believe they are actually American made and therefore not effected by any import ban.

Winchester has closed all their US manufacturing facilities. No gun with the Winchester name is currently being made in the US. Before it closed, the factory in Connecticut was making only Model 94 and 70 rifles and the Model 1300 pump shotguns, I believe. The SX model semi-autos were always made in somewhere else--Belgium and possibly Japan.

I know that "hi-cap" tube magazines on rimfire rifles were exempted from the AWB, but I'm not sure if they are exempt from import bans. Logically you'd think the restrictions on shotguns refer to detachable magazines only, but sadly logic has very little to do with it.