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Posted: 1/3/2003 1:48:41 PM EDT
Was at the Police supply store yesterday.They have on the "USED" rack an SKS with a Pistol grip and functional folding stock w/ spike bayonette and a detachable 40 round Mag. I thought this was ILLEGAL and pointed it out to the two officers behind the counter in the "guns room"........ I'll see what kind of answers I get and then I'll post what the  two "Officers in uniform" behind the desk in the store told me.....[:D]
Link Posted: 1/3/2003 2:00:40 PM EDT
Why do you believe that the rifle is illegal?
Link Posted: 1/3/2003 2:02:00 PM EDT
IIRC, if the weapon has the bayonet bracket its considered preban.
Link Posted: 1/3/2003 2:09:57 PM EDT
DOesn't sound particularly illegal to me.

Nice baiting, though.
Link Posted: 1/3/2003 2:18:06 PM EDT
[Last Edit: 1/3/2003 2:25:57 PM EDT by cc48510]
If it was made that way before 1990, it is legal. If not, it may violate* 922(r). If it was made prior to 1998, the Statute of limitations for the 922(r) violation has run out and noone can be prosecuted under 922(r). But, it may still be considered Contraband.

If it was made after 9/14/1994, it is in violation of the 1994 AW Ban and is illegal for a civilian to possess.

*The US Folding Stock, US Pistol Grip, and US Magazine make 6 US Parts (Handagurds, Stock, Pistol Grip, Magazine Body, Magazine Follower, and Magazine Floorplate). Assuming that he has enough US Parts (6 or 7 on the SKS. Can't remember which) in it, it could have been made between 1990 and 1994 and not violate 922(r).

If it was made after 9/13/1994 and isn't marked GOVT/LE ONLY...Then it is illegal.
Link Posted: 1/3/2003 2:22:00 PM EDT
i could be legal...it could be illegal.

that depends upon when it was imported and when the stock was installed.

see [url]http://www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/law.html[/url], [url]http://www.atf.treas.gov/pub/fire-explo_pub/gca.htm[/url] and [url]http://www.simonov.net/ubertypes.htm[/url] for detailed information.

why would you point out the 'illegalities'?
Link Posted: 1/3/2003 2:23:58 PM EDT
I think who made it also plays into the legality of what you can add to them too.
Link Posted: 1/3/2003 2:29:21 PM EDT
Also, if it has enough US Parts...You could make the Magazine Non-Detachable (permanently pin it in place) and keep the Folding Stock. If the stock is permanently pinned in the open position and the Bayonet Lug Removed, you can keep the detachable magazine and Pistol Grip.

THis is all assuming it has enough US Parts.
Link Posted: 1/3/2003 2:30:13 PM EDT
There you have it.  There is no way to tell whether it is legal or not by casual inspection.

I bought my fixed-magazine SKS in 1988.  At that time there were detachable-magazine versions with bayonets available, and they could be set up with folding stocks (and there were folding stocks available).  There were also kits to convert a fixed mag version to accept detachable magazines.  Such a rifle could even still be legal in Cali (though not for sale to a civilian) despite the fact that the state banned the "SKS Sporters" that were originally equipped to accept detachable magazines.  It's pretty confusing.
Link Posted: 1/3/2003 2:32:57 PM EDT
Link Posted: 1/3/2003 2:41:50 PM EDT
[Last Edit: 1/3/2003 2:42:21 PM EDT by cc48510]
It appears the SKS needs 7 US Parts. The US Folding Stock, Pistol Grip, and Magazine count for 6 of those 7. If he had a US Gas Piston or some other Acceptable part in there...It is 922(r) legal.

But, if it was made after 9/14/1994...it still violates the 1994 AW Ban and is illegal. As I stated above...you can permattach the Magazine or fix the Stock in the Open position in order to make it legal.
Link Posted: 1/3/2003 3:23:09 PM EDT
My thoughts were that it had more than 2 evil features that were obviously added on.(also forgot to add to the list it had a combo flash hider/supressor) Here is the deal that shocked me! I was told it was all legal if ya knew the right people! Yup! Thats right folks! From the state right above the 'good ole boy state' of Texas! May go and pick it up as he only wanted $249 for it and it was very clean! Course if ya don't know 'anyone' ya might not want to shoot it/own it.[BD] Who knows it just may be a legal one....
Link Posted: 1/3/2003 9:26:24 PM EDT
Originally Posted By cc48510:
If it was made that way before 1990, it is legal.
View Quote

The way I understand it [b]the manufacture date is not a factor[/b] at all. The [b]IMPORT date[/b] is what determines its status & country of origin. (Russia or China)
Link Posted: 1/4/2003 12:15:09 AM EDT
[Last Edit: 1/4/2003 12:27:10 AM EDT by AR-15Fan]
I believe you could argue you bought it like that and not get in any trouble.  Can't say as I've ever heard of anyone actually getting busted for a 922(r) or 94 AWB violation...  No one really knows enough to accurately check, lol.  Stupid laws.  Only time it might get you nailed is after you've commited another crime with the gun already, and then it's just icing on the cake for the prosecutors...
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