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SKS M 922R compliance

codwyguycodwyguy Member Posts: 18 ✭✭
edited May 2016 in Ask the Experts
I had a rifle for sale on GB that I have since took off because I was asked if it was 922R compliant I have a SKS M paratrooper that takes AK mags I did not think that since it was not a C&R it did not fall under these ridiculous rules but from everything I am reading I am mistaken.
This rifle has a 5 position Tapco stock with no other changes. It seems that I need to add 3 more US parts to make it compliant, and with standard SKS's that would be an after market magazine but since it takes a detachable mag I can not do this. What other parts can I replace to make it compliant keeping in mind I no longer have the original stock to put back on
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    nmyersnmyers Member Posts: 16,880 ✭✭✭✭
    edited November -1
    C&R has nothing to do with your rifle.

    There is no legal need for it to comply with 922(r). See ATF P5300.4, General Information, section 18.

    Neal

    EDIT: Sorry, I used the latest printed revision, 2005. In the digital 2014 revision, see page 186.

    [red]EDIT #2: In any case, you will be shipping to an FFL. HE is the one who must determine the legality of the transfer to the actual buyer (Federal, State, & Local laws), so HE is the one who must be satisfied that everything is correct.
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    codwyguycodwyguy Member Posts: 18 ✭✭
    edited November -1
    Hello

    I have been looking at the ATF regs where you said I can not find a section 18 in the General chapter could you please give me the page number Sorry to be a bother but I would like to see it so I can relist this rifle and be able to point anyone asking about this where to find the information
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    p3skykingp3skyking Member Posts: 25,750 ✭
    edited November -1
    The weapons were imported and sold before Clinton banned them. They were very popular and there is no need to comply with anything.
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    codwyguycodwyguy Member Posts: 18 ✭✭
    edited November -1
    Thanks guys I had to make sure since I am not Hillary Clinton I can't just say it was a mistake and everything will be OK they WILL send us to jail for an inadvertent mistake
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    codwyguycodwyguy Member Posts: 18 ✭✭
    edited November -1
    I have already relisted it with an adit referencing the ATF regs and this forum and like you said the FFL holder the buyer goes through will tell me if he is willing to receive the rifle, that is a good point. Thanks for the help and information.
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    TWalkerTWalker Member Posts: 2,372 ✭✭✭✭✭
    edited November -1
    Under 922r your M Paratrooper was compliant because it had only one "Evil Feature", that being the detachable magazine. When a telescoping stock was added it was no longer compliant because then it had more than one "Evil Feature" The law prohibits an individual from adding additional non-sporting features that are on the ATF list unless you make the rifle compliant with 922r. This may be done by replacing enough foreign imported parts with US made parts until the gun is no longer considered an imported firearm. At this point any number of prohibited features may be added. The person who is breaking the law is only the person who illegally added the evil features. Possession of the gun only, or selling it, does not make you
    guilty of a crime. However, the ATF may still confiscate the weapon regardless of whether or not the owner is the person who made the mofification illegally. If you only need to add three more US parts to your gun to make it compliant I suggest a US made detachable magazine. The mag body, follower, and floorplate each count as a separate US made part. I am not an attorney nor am I giving legal advice. This is solely my opinion of what the law says regarding 922r and SKS rifles. Consult an attorney or call ATF if you desire. I have never heard of a single case where the ATF prosecuted someone for a 922r violation and 922r is generally ignored by most gun owners and FFL holders. Still, it is the law and I always make sure I follow it to the letter. Better safe than sorry.
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    gruntledgruntled Member Posts: 8,218 ✭✭
    edited November -1
    quote:Originally posted by p3skyking
    The weapons were imported and sold before Clinton banned them. They were very popular and there is no need to comply with anything.


    Unless the gun is to be in the Demokratik People's Republik of Kalifornia.
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    TWalkerTWalker Member Posts: 2,372 ✭✭✭✭✭
    edited November -1
    The SKS Model M with Monte Carlo stock, no bayonet or lug, that accepted AK mags was imported after 1990. Regulation 922r applies to all semi-auto rifles imported after 1990. If you can prove that your rifle was imported prior to1990, it is pre-ban and 922r does not apply. On an SKS M there is a 2 digit prefix as part of the serial number. On my Model M the prefix is 95 indicating that it was made in 1995. The only evil feature I can have on it is the detachable mag. Adding anything else would require me to add enough US parts until the total of imported parts is 10 or fewer.
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    codwyguycodwyguy Member Posts: 18 ✭✭
    edited November -1
    I just ended the auction better that way
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