A lot of mistakes in arolfsen's post, mostly a misunderstanding of what the Assault Weapons Ban was, and how it did and did not apply to a C&R SKS.
Quoted: gah. this is an inaccurate post. changing your stock (in the exception of the folding stock) does not make a difference in it's legality. and there are ALOT more factors that go into it. it depends on how many "options" the gun has. and even then since the weapons ban was lifted i'm pretty sure that has changed. so i'm not going to try and quote the new law. the old law was basically this: you had to have a folding stock, bayonet lug, grenade launcher and a 20+ round clip for it to be illegal. again, i'm not exactly sure what the new law is, but i'm assuming it would be more lient than the old.
|
The now-expired federal 1994 Assault Weapons Ban did not pertain to what is being discussed here, namely changing a stock. The Gun Control Act of 1968 is what applies to the question. Part of the GCA allowed the BATFE to prohibit the importation of "non-sporting" rifles. The section of the law that deals with this is Title 18 USC § 925(d)(3). In 1989 (and again in 1998), the BATFE published some vague guidelines, which they called "studies", which mentioned some features that they considered to be "non-sporting". And certain military semi-autos were specifically banned from importation. People began to buy kits of "non-sporting" guns (all the parts needed to make a gun, minus the receiver), and assembling them on a new receiver, in order to still be able to have these "non-sporting" rifles. So, in 1990, a law was passed saying you could not use foreign parts to assemble a gun banned by Title 18 USC § 925(d)(3). In essence, you couldn't use the kits to build a gun that was prohitbited from importation. This section of the law is Title 18 USC § 922(r). It says that to be legal, a foreign "non-sporting rifle" must have 10 or less foreign parts. The list of parts is:
1) Frame/receiver
2) Barrel
3) Barrel extension
4) Trunions
5) Muzzle attachment
6) Bolt
7) Bolt carrier
8) Operating rod
9) Gas piston
10) Trigger housing
11) Trigger
12) Hammer
13) Sear
14) Disconnector
15) Buttstock
16) Pistol grip
17) Forearm/handguards
18) Magazine bodies
19) Magazine followers
20) Magazine floorplates
Yeah, it's crazy, but that's the BATFE and our lawmakers at work. 11 or more parts, it's foreign made, 10 or less means domestic manufacture
A Yugo SKS is not considered a sporting rifle, therefore not allowed to be imported as a complete rifle under Title 18 USC § 925(d)(3). However, there is an exception to the import ban, which is if the gun is considered a Curio and Relic. C&R rifles are not subject to Title 18 USC § 925(d)(3), and therefore not subject to 922(r), hence they can be imported. However, according to law, if you modify a C&R rifle, it loses C&R status, and 922(r) now applies. You either have to convert the SKS into a "sporting" rifle, or you have to replace enough foreign parts with US parts to get to 10 or less foreign parts, in order to adhere to the law. But the BATFE has never fully explained what makes a certain rifle "non-sporting", and AFAIK, there are not enough U.S. made SKS parts to get to 10 or under.
There are a lot of grey areas under these laws, entirely intentional, so that the BATFE can re-define things as it sees fit. Do the laws make sense? Absolutely not, and they run counter to the 2nd Amendment as well. But regardless, you can be charged if you are not careful.
While I don't think it's likely you'll be charged with a violation for changing a stock (I would like to believe that federal agents have better things to do), you don't have to look any further than Ruby Ridge to see what the BATFE is capable of