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How do you tell if sks is preban ???

jarjar Member Posts: 620 ✭✭✭
edited March 2002 in Ask the Experts
I know this has been asked before but I cant remember. is there a webbsite that can help? thanks to all replies!

Comments

  • nmyersnmyers Member Posts: 16,886 ✭✭✭✭
    edited November -1
    The term "pre-ban" applies only to "semiautomatic assault weapons"; the SKS is not, and has never been, one of these.
  • CAPPERCAPPER Member Posts: 139 ✭✭
    edited November -1
    If the SKS is not a semi-automatic assault weapon, can you put a folding stock on any SKS?
  • nmyersnmyers Member Posts: 16,886 ✭✭✭✭
    edited November -1
    No. It is a semiautomatic rifle that has the ability to accept a detachable magazine. If you add a folding stock, and a protruding pistol grip, you will have made an illegal "semiautomatic assault rifle".Before you quibble over the "detachable magazine" part, consider BATF's defacto motto: "Arrest first, litigate later."Forget all these after-market gadgets that just make a gun ugly, difficult to shoot, and invite legal problems.
  • Gordian BladeGordian Blade Member Posts: 1,202 ✭✭✭✭✭
    edited November -1
    We've been through this a bunch, but why not again, it's worth repeating just to highlight the stupidity of it. (This is the federal law, state laws where you live can be more restrictive, like CA.)A semi-automatic rifle with a detachable magazine is defined to be an assault weapon if it has any two of the following:(1) folding or telescoping stock,(2) pistol grip extending conspicuously below the action,(3) bayonet mount,(4) flash supressor or threaded barrel to accept one,(5) grenade launcher.If the rifle had two or more of those before 1994, it is pre-ban. However, it can be very difficult to tell if the extra stuff was added before 1994 or not. Just because the S/N of the rifle shows it was made before 1994 does not mean it is pre-ban unless you can also show that the other stuff was standard or was added before 1994 (like with a dated receipt).Even if the rifle was made before 1994, if it was not made into an assault weapon before then you can't do it now legally. However, you can legally add one feature in most states. Another peculiarity of the law is that if it was an assault weapon prior to 1994, you can change the configuration or add other stuff from the list, it is still no more of an assault weapon than it was before.People have gotten into trouble, for example, by adding a detachable magazine to an SKS that had a bayonet and a pistol grip. It wasn't an assault weapon to start with, but once you add a detachable magazine it is.SKS experts, please correct anything that I got wrong. I don't own one, but I read a lot.nmyers, can you clarify what you understand about the BATF's view of whether a standard SKS has a detachable magazine or not? (Jeesh, this is getting as difficult as dealing with the IRS on tax law.)[This message has been edited by Gordian Blade (edited 03-11-2002).]
  • JustCJustC Member Posts: 16,056 ✭✭✭
    edited November -1
    OK, so if the SKS was purchased prior to 1994, can you have it with the folding stock and high caps and lug? What if you bought it from the person who purchased it prior to 1994 and it came with the stuff already on itbut no dated receipt? Is it legal or not or grey area at best? Anyone........
  • boeboeboeboe Member Posts: 3,331
    edited November -1
    Please check out the following site, which is a good one to explain the laws pertaining to the SKS. http://www.recguns.com/IIH2.html Certain modifications to the SKS were banned even before the 1994 ban. Between 1989 and 1994 the only way to legally put a detatchable magazine on one was to cut off the bayonet lug. I don't think you could put a detatchable magazine on one now unless you put enough US made parts in it to make it legal, and I don't think they make enough US parts to make it legal to do that.All SKS's were made before 1994, so buying it before 1994 wouldn't matter. It would be illegal to put a detatchable magazine on one now. Not that there aren't many, many people who do it, but it's technically a felony.You might recall the SKS Sporter that took AK47 mags, and was imported up until 1994. To be legal, it had the bayonet lug removed.
  • JustCJustC Member Posts: 16,056 ✭✭✭
    edited November -1
    thanks boeboe, a nice english explanation.
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