Benelli M4 MD Legality?

Elgan · Oct 24, 2021

Been trying to use some Google-fu but haven't quite sorted this out, so figured I'd ask here. Would the following shotgun be MD-legal? Looking to acquire from a buddy in OH and have it shipped to my FFL.

I did find this old thread, but things change year-to-year and figure there's someone out there who'd know already.

Thanks for any help!

StanleyJobson · Oct 24, 2021

Illegal due to telescoping stock. Too many evil features for Communist Maryland. Move to another state and try again.

StanleyJobson · Oct 24, 2021

In fact I believe Maryland amended the evil feature test for shotguns and limited now down to only one evil feature.

1. Pistol Grip
2. Folding or Telescoping Stock

So it would be a double no-no in Merryland.
Maryland sucks get out while you still can.
There's a reason why 3-4 Maryland counties and now begging West Va to adopt them just wait till you see what's coming this upcoming legislative session....

smokey · Oct 25, 2021

StanleyJobson said:
Illegal due to telescoping stock. Too many evil features for Communist Maryland. Move to another state and try again.

StanleyJobson said:
In fact I believe Maryland amended the evil feature test for shotguns and limited now down to only one evil feature.

1. Pistol Grip
2. Folding or Telescoping Stock

So it would be a double no-no in Merryland.
Maryland sucks get out while you still can.
There's a reason why 3-4 Maryland counties and now begging West Va to adopt them just wait till you see what's coming this upcoming legislative session....

https://law.justia.com/codes/maryland/2019/criminal-law/title-4/subtitle-3/sect-4-301/
Where are you seeing that either of those are features making a shotgun a "copycat weapon" that is banned?

erwos · Oct 25, 2021

Let me short-circuit this discussion: Benelli M4 is LEGAL in MD, in all configurations. Telescoping stock isn't an evil feature.

Boats · Oct 25, 2021

IANAL but I read it as a a semi-auto shotgun with a folding stock is illegal

The m4 is a semi-auto with a telescoping or collapsible stock.

I see no mention of pistol grip

Additionally, I have a friend who bought an m1014 after 2013 in Maryland from an FFL....

So it should be legal. Ask your FFL before making the transfer.

USArmyJoe · Oct 25, 2021

smokey0118 said:
https://law.justia.com/codes/maryland/2019/criminal-law/title-4/subtitle-3/sect-4-301/
Where are you seeing that either of those are features making a shotgun a "copycat weapon" that is banned?

Thank you for linking the actual source. There is way too much "fudd lore" type legal advice, and the source clears that all up.

erwos said:
Let me short-circuit this discussion: Benelli M4 is LEGAL in MD, in all configurations. Telescoping stock isn't an evil feature.

This is the correct answer. Thank you for getting it in early.

Sundazes · Oct 25, 2021

I know a few folks that own them in MD. All purchased from md FFl’s. I saw one a CA a few months ago.
They are legal here.

Elgan · Oct 26, 2021

erwos said:
Let me short-circuit this discussion: Benelli M4 is LEGAL in MD, in all configurations. Telescoping stock isn't an evil feature.

About where I'm at with the research I've done, too. Folding is what's banned, and folding =/= telescoping. Thanks for all the responses, guys!

StanleyJobson · Oct 27, 2021

Guys as I don't think this model is 922(r) compliant. It's against federal law to own this in the configuration it's in unless those parts are switched out for U.S. made parts. If it's illegal at a federal level I can guarantee you that when you call MSP and give them the model number of the shotgun they will also tell you it's illegal for civilians to own. Ask me how I know that? LOL! I mean come on do you see the LE marking clearly on the label on the box? Why do you think that is? For $h!ts & giggles?

[YT]vHwlSt0w1KQ[/YT]

I see it for sale on some sites but it clearly states on all websites L.E. Only with L.E. Letter.

https://dsgarms.com/shotguns-bnl11715

https://www.ableammo.com/catalog/benelli-tactical-only-shotgun-11715-gauge-185-chmbr-telescoping-stock-ghost-ring-night-sight-rds-p-161350.html

Stevod308 · Oct 27, 2021

They sell them.at dicks sporting goods just has to have fixed stock

StanleyJobson · Oct 27, 2021

Stevod308 said:
They sell them.at dicks sporting goods just has to have fixed stock

Bingo! They make models with the fixed skeletonized stock. Like the Benelli M4 Tactical Model #11701

Those would be legal. But hey I'm not a lawyer and this is not legal advice so do whatever you want. It ain't none of my business. If it were me I'd just buy it because IDGAF!

Boats · Oct 27, 2021

StanleyJobson said:
Guys as I don't think this model is 922(r) compliant. It's against federal law to own this in the configuration it's in unless those parts are switched out for U.S. made parts. If it's illegal at a federal level I can guarantee you that when you call MSP and give them the model number of the shotgun they will also tell you it's illegal for civilians to own. Ask me how I know that? LOL! I mean come on do you see the LE marking clearly on the label on the box? Why do you think that is? For $h!ts & giggles?

[YT]vHwlSt0w1KQ[/YT]

I see it for sale on some sites but it clearly states on all websites L.E. Only with L.E. Letter.

https://dsgarms.com/shotguns-bnl11715

https://www.ableammo.com/catalog/benelli-tactical-only-shotgun-11715-gauge-185-chmbr-telescoping-stock-ghost-ring-night-sight-rds-p-161350.html

The OP stated he is buying from a buddy in OH, so I doubt it is illegal federally unless his buddy is an LEO, which we don't know.

I would still check with a couple FFLs to see if they will do the transfer.

smokey · Oct 27, 2021

StanleyJobson said:
Guys as I don't think this model is 922(r) compliant. It's against federal law to own this in the configuration it's in unless those parts are switched out for U.S. made parts. If it's illegal at a federal level I can guarantee you that when you call MSP and give them the model number of the shotgun they will also tell you it's illegal for civilians to own. Ask me how I know that? LOL! I mean come on do you see the LE marking clearly on the label on the box? Why do you think that is? For $h!ts & giggles?

[YT]vHwlSt0w1KQ[/YT]

I see it for sale on some sites but it clearly states on all websites L.E. Only with L.E. Letter.

https://dsgarms.com/shotguns-bnl11715

https://www.ableammo.com/catalog/benelli-tactical-only-shotgun-11715-gauge-185-chmbr-telescoping-stock-ghost-ring-night-sight-rds-p-161350.html

https://www.law.cornell.edu/uscode/text/18/922
There's no law against possession of a shotgun that's already assembled in that configuration. If someone with a fixed stock wants to modify their shotgun to a collapsable stock, then they've got to start switching parts around for American made parts.

camo556 · Oct 27, 2021

"LE" or "Law Enforcement" does not mean much. 922r is a ban on import not possession. There is an import exception 925(a)(1) for LE, but once its sold to LE, surplus items can be resold. Its a problem for whoever assembled it and imported, not you. Once its in the country there is no tracking or monitoring so things get resold. 922(r) is not a problem unless you assembled it that way.

Also, I have started to realize, don't listen to the MSP. They don't actually seem to have correct information half the time. The list of evil banned guns on the website is advisory and not even correct.

No civilian dogs have been shot over 922(r), so if you find one for a decent price, get it.

ATF could theoretically slap Benelli or their retailers peepee for importing M4s for sale to civilians, but they dont seem that interested. Maybe, hopefully they are too busy signing the stamps on the 2 million suppressors bought this year. Still not your problem.

fabsroman · Oct 27, 2021

StanleyJobson said:
In fact I believe Maryland amended the evil feature test for shotguns and limited now down to only one evil feature.

1. Pistol Grip
2. Folding or Telescoping Stock

So it would be a double no-no in Merryland.
Maryland sucks get out while you still can.
There's a reason why 3-4 Maryland counties and now begging West Va to adopt them just wait till you see what's coming this upcoming legislative session....

And this right here is exactly why one cannot trust information obtained on the internet without knowing something about the poster and/or doing additional due diligence.

Thankfully, others below this post have gotten it right and Smokey has actually cited the very law itself.

fabsroman · Oct 27, 2021

Boats said:
IANAL but I read it as a a semi-auto shotgun with a folding stock is illegal

The m4 is a semi-auto with a telescoping or collapsible stock.

I see no mention of pistol grip

Additionally, I have a friend who bought an m1014 after 2013 in Maryland from an FFL....

So it should be legal. Ask your FFL before making the transfer.

IAAL and I own a Benelli M4 SBS. A Form 1 from the ATF was required for the SBS part of the matter before I purchase the short barrel.

Now, if a person wants to make modifications to a Benelli M4, then they have to adhere to 18 USC section 922(r), but that is a discussion for a later date after the shotgun has been acquired.

https://freedomfightertactical.com/pages/922r-faq

Occam · Oct 27, 2021

I was pretty ignernt about the import-vs-domestic-parts thing when it comes to this. Bought an M4 not long ago (man, what a nice shotgun), and decided to make the tube normal (Italian-wise) length/capacity. I was rather surprised to find I'd have to replace X number of unrelated parts with domestically made ones in order to stay cool with the gubmint. Was truly absurd. Still, what a great gun. Second Benelli in the household, but not the last.

fabsroman · Oct 27, 2021

StanleyJobson said:
Guys as I don't think this model is 922(r) compliant. It's against federal law to own this in the configuration it's in unless those parts are switched out for U.S. made parts. If it's illegal at a federal level I can guarantee you that when you call MSP and give them the model number of the shotgun they will also tell you it's illegal for civilians to own. Ask me how I know that? LOL! I mean come on do you see the LE marking clearly on the label on the box? Why do you think that is? For $h!ts & giggles?

[YT]vHwlSt0w1KQ[/YT]

I see it for sale on some sites but it clearly states on all websites L.E. Only with L.E. Letter.

https://dsgarms.com/shotguns-bnl11715

https://www.ableammo.com/catalog/benelli-tactical-only-shotgun-11715-gauge-185-chmbr-telescoping-stock-ghost-ring-night-sight-rds-p-161350.html

Oh my Lord. You actually linked a video from Freedom Fighter Tactical and still took this position that the Benelli M4 is not 922(r) compliant. Did you read the article? If you add a collapsing stock to the gun, you need to change out an additional 4 parts with Made in the USA parts for the gun to be 922(r) compliant, and guess what, Freedom Fighter Tactical sells the Made in the USA parts that are needed. Change the mag tube for more capacity, and you have to change out 3 parts with Made in the USA parts. Mind you, the parts that one can change to Made in the USA are specifically set forth by ATF and they are included in the Freedom Fighter Tactical FAQ write-up about the M4 and making mods to it while staying compliant with 922(r).

StanleyJobson · Oct 27, 2021

fabsroman said:
And this right here is exactly why one cannot trust information obtained on the internet without knowing something about the poster and/or doing additional due diligence.

Thankfully, others below this post have gotten it right and Smokey has actually cited the very law itself.

Like anyone can make sense of the laws coming out in Maryland. It changes like a fart in the wind of any given politician on any given day. You can call MSP one day ask if something is legal, they will tell you yes. You call the next day, speak to someone else and they tell you that it's not. It's clown world. More people than I can count have been arrested and charged for weapons that are "supposedly" legal in Maryland.

Benelli M4 MD Legality?

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