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Maximum Shells in a Shotgun

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I searched and couldn't find a straight answer to this. What is the legal max number of shells allowed in a shotgun? I know you are not allowed more than 3 in the mag for hunting, but what about non hunting purposes?

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Semi-Auto is 5+1. No limit on anything else. Hunting is 2+1. Sent from my DROID4 using Tapatalk 2

 

 

Hey Paul,

 

I copied the below from the shotgun sticky. I was under the impression it was 6 round magazine + 1 in the chamber. Am I missing anything?

 

 

A semi-automatic shotgun that has at least TWO of the following:

 

(1) A folding or telescoping stock;

 

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;

**note(having a pistol grip on a semi auto makes the gun automatically illegal even if NO other evil features are present..)**

 

(3) A fixed magazine capacity in excess of six rounds; and/or

 

(4) An ability to accept a detachable magazine;

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Hey Paul,

 

I copied the below from the shotgun sticky. I was under the impression it was 6 round magazine + 1 in the chamber. Am I missing anything?

 

 

A semi-automatic shotgun that has at least TWO of the following:

 

(1) A folding or telescoping stock;

 

(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;

**note(having a pistol grip on a semi auto makes the gun automatically illegal even if NO other evil features are present..)**

 

(3) A fixed magazine capacity in excess of six rounds; and/or

 

(4) An ability to accept a detachable magazine;

It has to have at least two of the features (except for pistol grip, which in and of itself makes it an "assault weapon".

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It has to have at least two of the features (except for pistol grip, which in and of itself makes it an "assault weapon".

 

Sorry, I didn't paste the rest of the statute. Here it is.

 

3) A fixed magazine capacity in excess of six rounds; and/or

 

(4) An ability to accept a detachable magazine;

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Sorry, I didn't paste the rest of the statute. Here it is.

 

3) A fixed magazine capacity in excess of six rounds; and/or

 

(4) An ability to accept a detachable magazine;

 

Yes..   But it has to have two of those features (aside from the pistol grip stipulation which renders it an assault weapon) by itself.

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The Attorney General Guidelines are flat out wrong from what I can see as they are less restrictive than the actual law. If this were the law, then the two feature test would be correct. The Attorney General can interpret law, but not make it up or change it.

 

Below is the attorney general guidelines.

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:

 

 A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

 


 

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a bayonet mount;
  4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
  5. a grenade launcher;

 

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

 

  1. an ammunition magazine that attaches to the pistol outside of the pistol grip;
  2. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
  3. a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
  4. manufactured weight of 50 ounces or more when the pistol is unloaded; and
  5. a semi-automatic version of an automatic firearm; and,

C. a semi-automatic shotgun that has at least 2 of the following:

 

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a fixed magazine capacity in excess of 5 rounds; and
  4. an ability to accept a detachable magazine.

The administrative code(N.J.A.C. 13:54-1.2 Definitions) is below. Please see how #3 supercedes iii.

 

The following are examples of manufacturer changes
that do not alter the essential nature of the
firearm: the name or designation of the firearm; the color of the firearm; the material used to make
the barrel or stock of the firearm; the material us
ed to make a pistol grip; and a modification of a
pistol grip. This is not an exclusive list. A se
mi-automatic firearm should be considered to be
"substantially identical," that is, identical in all
material respects, to a named assault weapon if it
meets the below listed criteria:
i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least
two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A bayonet mount;
(4) A flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and
(5) A grenade launcher;

 

ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor,forward handgrip, or silencer;
(3) A shroud that is attached to, or partially or completely encircles the barrel andthat permits the shooter to hold the fir
earm with the non-trigger hand without being burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm; and
 
iii. A semi-automatic shotgun that has at least two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A fixed magazine capacity in excess of six rounds; and/or
(4) An ability to accept a detachable magazine;
 
3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip;
4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or
5. A part or combination of parts designed or intended to convert a firearm into an assault firearm,
or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

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Oh yeah, the actual NJ statute, NJ 2C:39. Please see that the law has no 2 feature wording. Any of the features make it an assault weapon. Relevant section below in red.

 

2C:39-1. Definitions.

     2C:39-1. Definitions. The following definitions apply to this chapter and to chapter 58:

     a.     "Antique firearm" means any rifle or shotgun and "antique cannon" means a destructive device defined in paragraph (3) of subsection c. of this section, if the rifle, shotgun or destructive device, as the case may be, is incapable of being fired or discharged, or which does not fire fixed ammunition, regardless of date of manufacture, or was manufactured before 1898 for which cartridge ammunition is not commercially available, and is possessed as a curiosity or ornament or for its historical significance or value.

     b.     "Deface" means to remove, deface, cover, alter or destroy the name of the maker, model designation, manufacturer's serial number or any other distinguishing identification mark or number on any firearm.

     c.     "Destructive device" means any device, instrument or object designed to explode or produce uncontrolled combustion, including (1) any explosive or incendiary bomb, mine or grenade; (2) any rocket having a propellant charge of more than four ounces or any missile having an explosive or incendiary charge of more than one-quarter of an ounce; (3) any weapon capable of firing a projectile of a caliber greater than 60 caliber, except a shotgun or shotgun ammunition generally recognized as suitable for sporting purposes; (4) any Molotov cocktail or other device consisting of a breakable container containing flammable liquid and having a wick or similar device capable of being ignited. The term does not include any device manufactured for the purpose of illumination, distress signaling, line-throwing, safety or similar purposes.
     d.     "Dispose of" means to give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer, or otherwise transfer possession.

     e.     "Explosive" means any chemical compound or mixture that is commonly used or is possessed for the purpose of producing an explosion and which contains any oxidizing and combustible materials or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion or by detonation of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects. The term shall not include small arms ammunition, or explosives in the form prescribed by the official United States Pharmacopoeia.

     f.     "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

     g.     "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearm.

     h.     "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

     I.     "Machine gun" means any firearm, mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir, belt or other means of storing and carrying ammunition which can be loaded into the firearm, mechanism or instrument and fired therefrom.

     j.     "Manufacturer" means any person who receives or obtains raw materials or parts and processes them into firearms or finished parts of firearms, except a person who exclusively processes grips, stocks and other nonmetal parts of firearms. The term does not include a person who repairs existing firearms or receives new and used raw materials or parts solely for the repair of existing firearms.

     k.     "Handgun" means any pistol, revolver or other firearm originally designed or manufactured to be fired by the use of a single hand.

     l.     "Retail dealer" means any person including a gunsmith, except a manufacturer or a wholesale dealer, who sells, transfers or assigns for a fee or profit any firearm or parts of firearms or ammunition which he has purchased or obtained with the intention, or for the purpose, of reselling or reassigning to persons who are reasonably understood to be the ultimate consumers, and includes any person who is engaged in the business of repairing firearms or who sells any firearm to satisfy a debt secured by the pledge of a firearm.

     m.     "Rifle" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed metallic cartridge to fire a single projectile through a rifled bore for each single pull of the trigger.

     n.     "Shotgun" means any firearm designed to be fired from the shoulder and using the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each pull of the trigger, or any firearm designed to be fired from the shoulder which does not fire fixed ammunition.

     o.     "Sawed-off shotgun" means any shotgun having a barrel or barrels of less than 18 inches in length measured from the breech to the muzzle, or a rifle having a barrel or barrels of less than 16 inches in length measured from the breech to the muzzle, or any firearm made from a rifle or a shotgun, whether by alteration, or otherwise, if such firearm as modified has an overall length of less than 26 inches.

     p.     "Switchblade knife" means any knife or similar device which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

     q.     "Superintendent" means the Superintendent of the State Police.

     r.     "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.

     s.     "Wholesale dealer" means any person, except a manufacturer, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are reasonably understood not to be the ultimate consumers, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms, in furtherance of such purpose, except that it shall not include those persons dealing exclusively in grips, stocks and other nonmetal parts of firearms.

     t.     "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.

     u.     "Ballistic knife" means any weapon or other device capable of lethal use and which can propel a knife blade.

     v.     "Imitation firearm" means an object or device reasonably capable of being mistaken for a firearm.

     w.     "Assault firearm" means:

     (1)     The following firearms:

     Algimec AGM1 type

     Any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12"

     Armalite AR-180 type

     Australian Automatic Arms SAR

     Avtomat Kalashnikov type semi-automatic firearms

     Beretta AR-70 and BM59 semi-automatic firearms

     Bushmaster Assault Rifle

     Calico M-900 Assault carbine and M-900

     CETME G3

     Chartered Industries of Singapore SR-88 type

     Colt AR-15 and CAR-15 series

     Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types

     Demro TAC-1 carbine type

     Encom MP-9 and MP-45 carbine types

     FAMAS MAS223 types

     FN-FAL, FN-LAR, or FN-FNC type semi-automatic firearms

     Franchi SPAS 12 and LAW 12 shotguns

     G3SA type

     Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1

     Intratec TEC 9 and 22 semi-automatic firearms

     M1 carbine type

     M14S type

     MAC 10, MAC 11, MAC 11-9mm carbine type firearms

     PJK M-68 carbine type

     Plainfield Machine Company Carbine

     Ruger K-Mini-14/5F and Mini-14/5RF

     SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types

     SKS with detachable magazine type

     Spectre Auto carbine type

     Springfield Armory BM59 and SAR-48 type

     Sterling MK-6, MK-7 and SAR types

     Steyr A.U.G. semi-automatic firearms

     USAS 12 semi-automatic type shotgun

     Uzi type semi-automatic firearms

     Valmet M62, M71S, M76, or M78 type semi-automatic firearms

     Weaver Arm Nighthawk.

     (2)     Any firearm manufactured under any designation which is substantially identical to any of the firearms listed above.

     (3)     A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock.

     (4)     A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds.

     (5)     A part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

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The Attorney General Guidelines are flat out wrong from what I can see as they are less restrictive than the actual law. If this were the law, then the two feature test would be correct. The Attorney General can interpret law, but not make it up or change it.

 

Below is the attorney general guidelines.

A semi-automatic firearm should be considered to be "substantially identical," that is, identical in all material respects, to a named assault weapon if it meets the below listed criteria:

 

 A. semi-automatic rifle that has the ability to accept a detachable magazine and has at least 2 of the following:

 

 

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a bayonet mount;
  4. a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
  5. a grenade launcher;

 

B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

 

  1. an ammunition magazine that attaches to the pistol outside of the pistol grip;
  2. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
  3. a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
  4. manufactured weight of 50 ounces or more when the pistol is unloaded; and
  5. a semi-automatic version of an automatic firearm; and,

C. a semi-automatic shotgun that has at least 2 of the following:

 

  1. a folding or telescoping stock;
  2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
  3. a fixed magazine capacity in excess of 5 rounds; and
  4. an ability to accept a detachable magazine.

The administrative code(N.J.A.C. 13:54-1.2 Definitions) is below. Please see how #3 supercedes iii.

 

The following are examples of manufacturer changes
that do not alter the essential nature of the
firearm: the name or designation of the firearm; the color of the firearm; the material used to make
the barrel or stock of the firearm; the material us
ed to make a pistol grip; and a modification of a
pistol grip. This is not an exclusive list. A se
mi-automatic firearm should be considered to be
"substantially identical," that is, identical in all
material respects, to a named assault weapon if it
meets the below listed criteria:
i. A semi-automatic rifle that has the ability to accept a detachable magazine and has at least
two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A bayonet mount;
(4) A flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and
(5) A grenade launcher;

 

ii. A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following:
(1) An ammunition magazine that attaches to the pistol outside of the pistol grip;
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor,forward handgrip, or silencer;
(3) A shroud that is attached to, or partially or completely encircles the barrel andthat permits the shooter to hold the fir
earm with the non-trigger hand without being burned;
(4) Manufactured weight of 50 ounces or more when the pistol is unloaded; and/or
(5) A semi-automatic version of an automatic firearm; and
 
iii. A semi-automatic shotgun that has at least two of the following:
(1) A folding or telescoping stock;
(2) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(3) A fixed magazine capacity in excess of six rounds; and/or
(4) An ability to accept a detachable magazine;
 
3. A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a folding stock or a pistol grip;
4. A semi-automatic rifle with a fixed magazine capacity exceeding 15 rounds; or
5. A part or combination of parts designed or intended to convert a firearm into an assault firearm,
or any combination of parts from which an assault firearm may be readily assembled if those parts are in the possession or under the control of the same person.

 

 

 

You are correct.  God these gun laws are fucking ridiculous.

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So the consensus is 6 rounds for semi and unlimited for a pump?

 

Well, I figure PK90 (as an FFL) would know best. You are absolutely correct about a pump shotgun. And I believe you are correct about the semi-auto.

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There's "Jersey" legal and then there's "Murica" legal, lol!  Check-out Katelyn Francis 3-gunnin' it on YouTube and count the 12 ga. rounds yourself.  She's like 14 and kicks most of your asses, lol!

 

Dave

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It is 6 and 1 as mentioned, I don't know any 6 mag semis myself. My Ben M4 is 5+1 and you know how to float a round, you can get total 7...

I bought the the Nordic Components  +2 extension for my Mossberg 930, making it 6+1. I imagine there is a +1 extension out there for the Benelli. I don't know what the 922R implications would be though, if they apply.

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I bought the the Nordic Components +2 extension for my Mossberg 930, making it 6+1. I imagine there is a +1 extension out there for the Benelli. I don't know what the 922R implications would be though, if they apply.

I looked around awhile ago and couldn't find anything. I had a replacement made from billet cause I hated that crimp pos on there. I should have had him make it for 6 but didn't want to have to worry about feed/spring issues. As far as 922r... It covers having the Made in US stamped on it. I think, what, 2 more and it's totally 922r compliant? Haven't looked at the rule in awhile...

 

Posted Image

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I looked around awhile ago and couldn't find anything. I had a replacement made from billet cause I hated that crimp pos on there. I should have had him make it for 6 but didn't want to have to worry about feed/spring issues. As far as 922r... It covers having the Made in US stamped on it. I think, what, 2 more and it's totally 922r compliant? Haven't looked at the rule in awhile...

 

yvybyba6.jpg

 

If you take an imported gun out of its "sporter" configuration, you cannot have any more than 10 non-US parts. I am used to doing the math for AK pattern rifles. I don't know which parts apply for shotguns, Looking at the list below, it makes me think you need a few more US made parts for compliance. I am sure it's out there on Benelli or shotgun forums.

 

 

http://www.tapco.com/section922r/

The Magic Number 10

This is an attempt to offer a better understanding of the 922r rule and is by no means an attempt to give official legal advice.

 

Title 18 Chapter 44 Section 922® of the United States Code, defined further by Title 27 Part 478.39 of the Code of Federal Regulation (CFR), ambiguously restricts semiautomatic rifles and shotguns to no more 10 imported parts from a list of 20 parts.

 

This one section containing a few paragraphs creates far too much confusion. This short synopsis is an attempt to clarify, in simple terms, the 922r regulation. Hopefully this can offer a simple way to evaluate your rifle or shotgun in order to easily assess what you need to do to ensure your rifle is compliant.

 

When considering compliance the big thing to keep in mind is the magic number 10! The infinite wisdom of the federal government has decided that it is unlawful for your semi-auto rifle or shotgun to have more than 10 imported parts from their select list of 20 parts. Many describe this in terms of U.S. parts count, but in reality this should be the foreign parts count. Now this is where the debate occurs.

 

27 C.F.R. 478.89 lists 20 parts:

(1) Frames, receivers, receiver castings, forgings or stampings

(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) Butt stocks

(16) Pistol grips

(17) Forearms, hand guards

(18) Magazine bodies

(19) Followers

(20) Floorplates

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