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It is 5 in the mag tube + 1 in the chamber. The mag tube is the magazine and the part that is limited to 5 rounds. That limit is for the cartridge to which the gun is chambered (stamped on the barrel). Take my Browning Gold 3 1/2 semi-auto for example As seen in the pic below.
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That means I can install an extension that allows it to hold a total of 5 3.5" shotshells in the mag tube and still be legal. If built long enough to accept 5.95 of the 12 gauge cigars, I can squeeze 8 of the shorter 2 3/4" shot shells into the mag tube for an 8 + 1 capacity and still be legal...unfortunately the Gold cannot be ghost loaded with a 10th round though.