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deadeye47
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Posted: 11/5/2003 1:37:10 AM
[Last Edit: 11/9/2003 11:38:03 AM by shotar]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
Thanks for all the info in the original post guys. Another spin on the original question now that that question has been answered. Would it still be illegal to add the mag if the bayo and the launcher were cut off? Hope this question is of value to others also.....
"The ONE ABSOLUTELY certain way of bringing this great nation to ruin would be to permit it to become a tangle of squabbling nationalities" T.
RiffRandall
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Posted: 11/5/2003 8:02:22 PM

Originally Posted By shotar:
If they were thoroughly removed, this would probably be legal, but again, since none of those mags are really worth a damn, its sort of a waste. I like to enjoy these historical firearms for what they are, not turn them into something they are not and were not made to be. Besides, with a little practice you can get real fast with stripper clips.



Ditto. 2 of the 3 SKS carbines I have were abused in this manner. Luckily the previous bubba owner only lost the original fixed 10rnd mag & didn't do any butchery to the metal (30rnd POS duckbill pulled off poste-haste & pitched). It sucks having an all # matching rifle except for the mag (one is a circa '57 Sino-Soviet ) because some dufus tried to make his SKS into something it's not.

IMNSHO:If you want an AK, buy one, don't fubar a SKS into a halfassed AK wannabe.
deadeye47
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Posted: 11/6/2003 3:58:15 AM
Well...OK then..I'll pass this info on to my friend at work and let the hack job begin. I was not familiar with the duck bill mags... I did know a guy a while back that had one on his rifle and he said he never had a problem with it. I have a Norinco carbine that was designed to use the AK mags. Shoots like a banchee. No bayo or other scarry features on it when I bought it. I was thinking it would be ok to add the mag if the other stuff was removed. He bought it cheap and just wants a blaster for the cabin to blaze away with and not as a collector item...I kinda talked him out of an AK cause I think the SKS is more accurate and better made than a cheap AK. He could have bought three of the SKS's for the price of a SAR-1 hunk at the last gun show!!! Also the cheap AK's arn't cheap anymore......Thanks again guys!
"The ONE ABSOLUTELY certain way of bringing this great nation to ruin would be to permit it to become a tangle of squabbling nationalities" T.
GonzoAR15-1
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Posted: 11/7/2003 2:47:33 PM
[Last Edit: 11/16/2003 10:01:04 AM by GonzoAR15-1]
Ok, here's the problem.

There are two major federal laws that impact the SKS. The first is the 1994 AW Ban that says any gun with a detachable magazine cannot have more than one other "evil" feature.

The second is the more difficult. That is the 922(r) prohibition on assembling from more than 10 of certain specified imported parts a rifle prohibited from importation.

SKS's with detachable magazines are prohibited from importatin.

Ergo, the BATF has said that if you reconfigure an otherwise legal SKS rifle into one that will accept detachable magaines (including by removing the original magazine so as to allow use of a duckbill), then you have unlawfully assembled a rifle "banned from import", the total parts content of which exceeds the 10 or less specified in the law.

Right now, there are not enough "US made" replacement parts to allow one to get around this problem. So, don't do it.

EDITED TO ADD: With the cheap and plentiful SAR1's available, this really shouldn't be an issue anymore. SKS rifles are fun, functional and reliable with the fixed 10 round mag. They are finicky, illegal, and unreliable with duckbills. Seems to me that if detachable hi-cap is your goal, there's an SAR1 in your future.
shotar
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Posted: 11/7/2003 5:50:14 PM
Thanks you Gonzo, that clarifies things alot and I'm sure would be of help to all concerned. That would then make this mod only doable on a pre 94 import sks which leaves only certain norinco or Russian products as the effective date would not be the date of manufacture, but the date of import into this country.
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RiffRandall
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Posted: 11/7/2003 7:46:33 PM
Even though I have a strong dislike for butchered SKS's why would a detatchable mag SKS be prohibited from import while the thumbhole AK style (ROMAK-1, 2 & 3, etc)& the Saiga are OK? The only issue I can see is the bayonet lug. A SKS that took detatchable mags that didn't have a bayonet lug should be just as legal to import as a ROMAK, Saiga or the neutered SVD clone (no bayonet lug or FH).
shotar
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Posted: 11/7/2003 10:36:24 PM
The only real clarity will come in the form of a letter from the ATFE technical branch once someone asks them. In truth alot has to do with the fact that Gang bangers were getting chinese rifles in the late 80s and early 90s leading to discrimination against them.
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deadeye47
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Posted: 11/8/2003 4:29:41 AM
[Last Edit: 11/8/2003 4:42:07 AM by deadeye47]
Thanks again guys for the input...I have informed him of the implications of altering his SKS and he is aware of his pending doom and a lifetime in hell for doing so....Hopefully the Feds won't raid his secluded cabin in the boondocks...course who knows about that...sounds like something the feds might waste a rediculously huge amount of tax payer money doing. Although I would never risk losing MY right to gun ownership inforcing a law regarding adding a terrifying high capacity mag.to a 50 Y.O. military curio rifle (of which there are millions)ranks right up there with fudging on a Salvation Army donation voucher for your taxes and etc... May God save him....he's been warned.
"The ONE ABSOLUTELY certain way of bringing this great nation to ruin would be to permit it to become a tangle of squabbling nationalities" T.
GonzoAR15-1
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Posted: 11/8/2003 9:45:25 PM
Someone HAS asked the BATF lately:


Dear Sir or Madam:

I am writing to request clarification regarding ATF’s current legal stance regarding the use of detachable magazines in SKS Carbines. I own several SKS Carbines and desire to know as accurately as possible the legal status of these. In general, your previous responses have been helpful. Despite these, I am still left with unanswered questions regarding 18 U.S.C. 922(r):

The “Federal Firearms Regulations Reference Guide” (2000 edition) contains a list of characteristics which would identify a semiautomatic rifle as not suitable under the sporting purposes test for importation in 18 U.S.C. 925(d). These characteristics include “the ability to accept a detachable magazine, folding/telescoping stocks, separate pistol grips, ability to accept a bayonet, flash suppressors, bipods, grenade launchers, and night sights. The reference guide then mentions that any of these military features, other than the ability to accept a detachable magazine, would make a semiautomatic assault rifle non-importable. Thus in and of itself a detachable magazine is not a prohibited feature.

Further, a letter from ATF was printed in the NRA magazine, American Rifleman, May 1994, p.44. That letter provided guidance to SKS owners and has since achieved wide circulation. It commented that the “following modifications of an SKS type rifle would not be a violation of Section 922(r)…replace the fixed magazine with a detachable magazine. This modification may be done provided the bayonet mount is completely removed from the rifle.” Thus, it would appear that as late as 1994, detachable magazines were allowed on SKS Carbines if no other military features were present.

I further understand that in April 1998, the “Department of The Treasury Study on the Suitability of Modified Semiautomatic Rifles” resulted “in a finding that the ability to accept a detachable large capacity magazine originally designed and produced for a military assault weapon should be added to the list of disqualifying military configuration features identified in 1989.” The study referred to such magazines as “large capacity military magazines”, and later seemingly enumerated these as “a detachable large capacity magazine (e.g., more than 10 rounds) that was originally designed and produced for one of the following military assault rifles: AK47, FN-FAL, HK91 or 93, SIG SG550, or Uzi.” It is notable that magazines for SKS carbines are not mentioned.

The type of detachable magazine available for use in standard SKS Carbines is the “duckbill-style”. “Duckbill-style” magazines are not in any way interchangeable with the AK47-style magazines with which some Chinese SKS Carbines were imported. To the best of my knowledge, the “duckbill-style” magazine has never been in military use in any nation. Thus despite the fact that these magazine are available in capacities greater than 10-rounds, it would seem that the “duckbill-style” magazine is not a “large capacity military magazine”

In view of the foregoing, I have two questions:

1) Is adding “duckbill-style” detachable magazine to a standard SKS Carbine which has no military features a violation of 18 U.S.C. 922(r)?

2) If this modification is a violation, why is this so? Please make reference to any additional material that would help to illuminate this matter, especially since the “duckbill-style” detachable magazine does not seem to be a LCMM.

I sincerely appreciate your efforts in responding to this letter.



Their response:



Dear [sir]:

This refers to your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch, dated September 24,2003, asking about the modification of an SKS rifle to permit acceptance of a detachable "duckbill-style" ammunition magazine.

Title 18, United States Code (U.S.C.), Chapter 44, Section 922(r), states, in part, that it shall be “unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under Section 925 (d) (3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes….”

Currently, SKS rifles capable of accepting a large capacity ammunition-feeding device are prohibited from importation. Therefore, modifying an SKS to accept a large capacity ammunition-feeding device would be a violation of 922 (r).

We thank you for your inquiry and trust the foregoing has been responsive.

Sincerely yours,

Sterling Nixon
Chief, Firearms Technology Branch

GonzoAR15-1
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Posted: 11/16/2003 10:05:15 AM

Even though I have a strong dislike for butchered SKS's why would a detatchable mag SKS be prohibited from import while the thumbhole AK style (ROMAK-1, 2 & 3, etc)& the Saiga are OK? The only issue I can see is the bayonet lug. A SKS that took detatchable mags that didn't have a bayonet lug should be just as legal to import as a ROMAK, Saiga or the neutered SVD clone (no bayonet lug or FH).



Two reasons the rifles you mention are "ok," I would suspect. First, the Siaga's do not "accept" large capacity ammo feeding devices. They accept those lame 5 round mags. Second, as to the others, they have "won" the 10 or less game. In other words, just like the SAR-1 AK clones, those rifles are assembled stateside with enough US-made duplicate parts (fire control, furniture, etc.) so as to allow compliance with Section 922(r).
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Posted: 11/26/2003 4:53:59 AM
I'm assuming when you say "duckbill" magazines you're referring to detachable mags, what about those fixed 20's with the star mark, chinese made? Non-detachable........legal?
shotar
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Posted: 11/26/2003 11:36:01 AM
I spoke with ATF this morning. The 20 round fixed magazines are fine. The key to them is that the magazine larger than 10 rounds must be fixed to the rifle in the same manner as the original. That is, you must have to remove the trigger gaurd in order to remove the magazine. The duckbill mags are in fact illegal to fit to a rifle that was not importable with a removeable mag, as a guide, that would be any rifle that did not have the bayo lug ground off or those after the 1994 law. In short, if your rifle did not come with a duckbill mag and you can't prove it had one prior to the import restrictions, don't add one now.
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retrodog
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Posted: 12/31/2003 10:35:25 PM
So let's just look at a theoretical scenario...

Let's say that I bought an SKS back in 92-93 time frame, which had the bayonet. Then I added a folding stock. Then I took off the fixed mag and got some of the duckbills. All this was done in 93. Does it have to be undone now (after 922r), or is it grandfathered?
Good, bad, I'm the one with the gun.
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leakycow
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Posted: 2/4/2004 10:50:16 PM
I gotta say...this whole thread is depressing. I was pretty happy that after making several modifications to my Russian SKS, I took it to the range and had a very pleasant experience. I even found the crock of gold--30 round detach mags that WORKED. As in two failure to feeds in 500 rounds fired.

Now I get back to my computer and read this thread to find out that I've got an illegal gun? Jeez. I may be guilty of Frankensteining an SKS (I still have the original everythings except the bayonet lug), but now I've gotta keep a reliable and functional rifle buried in a closet (or change it back to its fixed 10-round mag--not what I want right now).

Oh well, at least I got it to shoot straight. The Williams peep sight is nice on the eyes.
motown_steve
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Posted: 5/5/2004 11:35:13 AM

Originally Posted By retrodog:
So let's just look at a theoretical scenario...

Let's say that I bought an SKS back in 92-93 time frame, which had the bayonet. Then I added a folding stock. Then I took off the fixed mag and got some of the duckbills. All this was done in 93. Does it have to be undone now (after 922r), or is it grandfathered?



That's the question I want answered as well!!!
Mouseomatic
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Posted: 5/14/2004 8:37:13 PM
[Last Edit: 8/25/2004 6:51:08 AM by Mouseomatic]
So is my1951 Russian SKS legal? I have duckbill SKS mags. I removed the bayonet lug, bought a "Made in the USA" Tapco gas piston, Tapco operating rod, Choate stock and handguard, and Fl. Precision trigger and hammer. I've beat the "ten or less game" with these "Made in the USA" installed parts. I also have a model D or M bolt that allows the mags to be remove when the bolt is closed. And I'm using USA brand mags supposedly made in the USA. Dont want to take a chance on breaking the law. I have all the orginal rifle parts and paper work, and the rifle was purchased in '93. I got all my info reading BATF letter from others posted on "Survivors SKS Board." A great site for SKS owners.
shotar
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Posted: 5/17/2004 4:57:11 PM
Probably might be legal.
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_simian
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Posted: 5/17/2004 11:30:18 PM
Ok I just got a Yugo....it came with a book that shows the fireing group from when it was built. It is also date(the book) in 2 spot's. One is the shoot group the other is a line in the begining saying it was manufactured on 12 vi 1989. So my question..... this would be a preban right? so I can add a feature or two?



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ColSanders
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Posted: 7/20/2004 11:50:16 PM
Yeah, I thought the ban had to do with rifles made after '94... Hmmmmm....
chrome1
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Posted: 7/21/2004 12:22:50 AM

Originally Posted By FNMI_Rifleman:
I'm assuming when you say "duckbill" magazines you're referring to detachable mags, what about those fixed 20's with the star mark, chinese made? Non-detachable........legal?



The Fixed 20s are legal or so I was told by some sources I trust , the only problem is that they suck .
I bought a star branded 20's for a Chinese . The follower in the 20 took some creative tweaking to get it not to scrape , when I finally got it working right the spring broke . After some searching I found a suitable replacement and it worked fine for a month before a feed lip cracked and it puked 15 rounds into the air when I tried to clear what I thought was a double feed .

So I did the only thing I could do ............ I popped the trigger group , removed the 20 and threw it downrange and hand fed singles to shoot the shit out of it
ColSanders
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Posted: 7/21/2004 12:35:01 AM
Can't you fix it to accept plain old AK mags?? With out the duckbill...
Hoppy
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Posted: 7/27/2004 6:44:58 AM

Originally Posted By chrome1:
[So I did the only thing I could do ............ I popped the trigger group , removed the 20 and threw it downrange and hand fed singles to shoot the shit out of it



I had the same experience with the one that I tried. Just about the time I got it to work reliably the follower broke in half. I understand it's a crap shoot with these. Some people have no problems with them at all.
Taurus92AF
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Posted: 7/27/2004 8:03:33 PM
I thought they could have up to 2 of the evil features. A bayo and detachable mags. The same way an AR just has pistol grip and detachable mags. Plus these guns were made before the ban. I can use preban 30's in my new Bushmaster. Why is it different for an SKS?
wulf004
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Posted: 9/18/2004 3:14:42 PM
Ok so no one in here likes the Duck bill mags?Heck I have shot many of them and all worked great except the Cobray plastic 30rd ones.Just about everyone I have seen looked fairly well made and they seem to work better in chinese sks more than others.
Just about everyone I have seen in Pawn shops and gun shows had a 30rd mag with it.I would venture to say that the federal goverment doesnt really care about them.That said I stiil wouldnt be out on the range with a bunch of cops or federal boys and jerk one out to show it off!
calavera
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Posted: 9/22/2004 1:12:13 AM

Originally Posted By Taurus92AF:
I thought they could have up to 2 of the evil features. A bayo and detachable mags. The same way an AR just has pistol grip and detachable mags. Plus these guns were made before the ban. I can use preban 30's in my new Bushmaster. Why is it different for an SKS?



Because SKSes with detachable mags are banned from importation, and popping one on an SKS without replacing enough foreign parts with US-made ones is a violation of 922(r).
Mouseomatic
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Posted: 10/11/2004 7:12:00 AM
[Last Edit: 10/18/2004 7:59:05 AM by Mouseomatic]
For anyone with an SKS with a folding stock and a detachable mag from before the ban you must have proof you bought the rifle, the stock and the mags and had it assembled that way before the 94 ban went into effect to be grandfathered. Do you have all the receipts dated before 9/94? and a picture of you holding the assembled rifle with a newpaper showing the date before the 94 ban?Or maybe you know a notary who could stamp something saying it was assembled that way before 9/94. I think that would be the only way around the 922r ban. And I still haven't gotten a definite conformation on that from the BATF, there might not be a grandfather clause for it at all. Just be smart, buy and install the US parts like I did.
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