How many parts that are on the 922r list is the Benelli M1 made up of?

I want to put a pistol grip and magazine extension and keep it legal.  What parts do i need to be compliant.

I don't think there are enough US parts to make an M1 compliant. There are some parts that SRM Performance makes that can help get you there. Speed feed also makes a pistol grip stock. I don't think the proceeding parts are enough to get you to the magic number of 10 major US parts. Even if you did the ATF has never made a standardized agreement on what parts make up the 15 major parts in 922R. If you were to ask two ATF examiners you would most likely get two different answers.

WRONG. It is that you cannot have more than 10 imported parts. There is no such thing as "US part count" for compliance. It is only the number of (named) imported parts. Note that is is "more than" - i.e, 10 parts is okay, but 11 is bad.

Also, this is covered by 27 CFR 178, and not 18 USC 922. That is, the "parts count" thing is the expanded definition under the CFR that aids in fully describing that which is prohibited under the USC.

The twenty possible "named parts" under 27 CFR 178:

(1) Frames, receivers, etc
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Buttstocks
(16) Pistol grips
(17) Forearms, handguards
(18) Magazine bodies
(19) Followers
(20) Floorplates


A standard Benelli M1 or M2 will have - (1), (2), (6), (7), (10), (11), (12), (14), (15), (17), (18), and (20).

12 imported parts.

Slap on a US mag tube (18) and a US follower (19) and you may be good to go, depending on how the BATFE is feeling about stocks right then. They have issued letters that say that pistol-grip stocks where the grip and stock are one unit (like a Benelli) are only considered one countable part; but those letters of course only have any weight for their actual recipient, and do not carry any real force.

Now, if your M1 was imported before November 30, 1990, then it should be exempt, in my understanding.

And there's always the point that they have indeed allowed various Benellis in different "evil feature" configurations to be imported without issue - and 922(r) only applies to firearms that are otherwise disallowed from importation due to "non sporting" reasons.

So if I have a Nordic Magazine extension and a Surefire light forearm, my pistol grip 9 shot M1 will be 922 r complaint.

US made followers? interesting...

You should remember that M1s were imported en masse with pistol grip stocks.  By adding a PG stock, you are not creating an unimportable firearm so you shouldn't worry trading parts to accommodate this feature..  Going from the 5-round tube to a full-length tube is the only conceivable 922r violation.

I wish some company would come out with some parts for the M4 that would get it 922R compliant. If someone were to make a copy of the retractable stock they would make some money on that. Of course no one has a definite list on what are major parts on the M4, because the ATF has given everyone a different letter every time someone has asked. Well the ATF has a history of interpreting the law to suite their own needs anyway.

Make it a SBS and you don't have to worry about 922r.

Side note: I know several people with Benelli M1s90 (imported after 1990) with both the factory Pistol Grip Stock and Factory mag extensions. NONE of them have ever been bothered.

I'm not sure if NFA negates 922R, there's a letter from the ATF on that somewhere on this forum that says it doesn't negate 922R. ATF has already said that 922R still applies to SBRs, so the same logic can be applied to SBS/AOWs. Second your right, 922R has never been enforced on the owner. 922R has only been enforced against the manufacturer.

What about the Benelli M4? How many imported parts is it made up of?

In your statement about 922r applying to SBRs you are confusing it with the now expired AWB. 922r does not apply to NFA firearms, period.  

Section 922 Paragraph R states:
"It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to––
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General. "

Red text is the key to the kingdom here. GCA 1968 created three categories of imported firearms: NFA, Military Surplus and firearms "suitable for or readily adaptable to sporting purposes". 922(r) avails itself specifically and only to firearms "suitable for or readily adaptable to sporting purposes." The spirit of 922(r) was in trying to stop the workaround created to legally address the import ban of 1989, that firearms banned from importation as complete firearms could be imported as parts and then simply reassembled after importation. This practice was legal for almost a year until the Gun Control Act was modified to include 922(r) in Nov 1990 through act of Congress.

Since only firearms "suitable for or readily adaptable to sporting purposes" were being modified in this manner, 922(r) was written only to address this particular category of imported firearm. NFA firearms are already considered non-sporting by definition, and further, since NFA firearms were not and are still not importable for civilian use, there was no practical reason to include "NFA" in the bill's text

This is common understanding in the industry and within ATF. This is why the ATF letter referenced was discredited very quickly, it was clearly written by an uninformed examiner. Unfortunately It still gets circulated and referenced by those less experienced in NFA legality.

it's very common for Norinco 320(uzi clone) owners to SBR there Norinco instead of spending the $300 to make it a compliant 'assault weapon'

As for the parts count.  The pistol grip and the butt stock are one piece.  Does this count for two foreign made parts or just one?

Any one?

M1s were imported with >5 round capacity as well as with pistol grips, so adding a 9-round tube is not creating a configuration banned from importation.  You need not worry about 922r with the M1 you describe.

The M1 and 922R have confused me more than any other longarm it applies to I've looked at.  I'm pretty sure I  remember seeing the M1 with pistol grip stock and +4 mag capacity coming from the factory before the import and AWB.  I thought it was the AWB that imposed a 5 round mag limit causing the mag extension concerns, but it doesn't seem to be that clear cut.