Quoted: Than they would be pre-ban. Does the mag hold more than 5 rounds? NEway I would try to get something saying they were purchased in that config prior to 94. Than everything would be more than A-ok from a CYA standpoint.
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Here is the problem with "pre ban" versus "post ban" shotguns, especially for Benellis. A semi Auto is considered a "pre ban" if it was in a "banned" condition prior to '94. What makes a semi auto a "banned" weapon? It must have MORE than one of the following features ON OR BEFORE THE BAN TOOK EFFECT:
Folding/telescoping stock
Protruding pistol grip
Detachable magazine capacity
Fixed magazine capacity greater than 5 rounds
So, even a Benelli made in 1991, with a 7 round magazine, but a standard buttstock, is NOT a pre ban shotgun, at least as far as the ATF is concerned. It did not have more than one of the features on the list as of effective date of the ban. Now, a Benelli made the same year, with the same magazine capacity, but a pistol grip buttstock, IS a pre ban shotgun. This also means that all 1100's, 11-87's, etc, etc, are all effectively "post ban" guns now, regardless of when they were made, and you cannot (legally) put a pistol grip butt stock on them
Now, I believe that the burden of proof would reside with the ATF to prove that the shotgun was NOT in a banned condition prior to 1994 (this is still America, right?) But, is that a fight you want to wage? Don't cheat or lie, the government hates competition......