The Firing Line Forums - View Single Post - Is my foreign semi-auto rifle/shotgun legal?

expeditionx · January 18, 2006, 04:08 PM

November 11, 2003

Dear Sir or Madam:

This is a follow up to your letter of October 27, 2003 in which you respond to questions regarding ATF’s legal stance toward the use of detachable magazines on SKS Rifles. Thank you for your response, the information was most helpful. However, I have one follow up question on a related subject.

In the third paragraph of your response, you state the following: “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).”

Your use of the phrase “large capacity ammunition-feeding device” can imply more than just the specific case of detachable magazines about which I inquired. By your use of this phrase did you mean to imply that modifying an SKS to utilize a large capacity fixed magazine is also a 922(r) violation?

I sincerely appreciate your efforts in responding to this additional question.

LESchwartz

ATF wrote:

U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives

MAR 10, 2004
903050:CLB
3311/2004-130

www.atf.gov

Dear Mr. LESchwartz:

This refers to your response letter dated November 18, 2003, to ATF, Firearms Technology Branch, asking for further clarification regarding SKS-type rifles that have been modified to accept high-capacity, ammunition-feeding devices.

As you may be aware, 18 U.S.C. 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.”

SKS rifles capable of accepting detachable or fixed “large capacity ammunition feeding devices” are prohibited from importation. Therefore, modifying an SKS to accept a detachable or fixed large capacity ammunition feeding device would be in violation of 922(r).

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

Sincerely yours,

Sterling Nixon
Chief, Firearms Technology Branch

Dear Mr XXX

This refers to your letter of XXX to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Firearms Technology Branch, in which you ask numerous questions regarding modifications to a Yugoslavian M/59/66 7.62x39 semiautomatic rifle.

As your may be aware, the definition contained in 27 CFR 478.11 states "curio or relic" ("C&R") firearms as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." To be recognized as curio and relics, firearms must fall within one of the following categories:

(a) Firearms which were manufactured at least 50 years prior to the current date (replicas not included);

(b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and

(c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less.

Classification of surplus military firearms as C&R items based on the above definition are made regarding the weapons in their original configurations. The exchange of a broken or worn part would not remove a C&R firearm from the classification -- nor would the attachment of a telescopic sight, provided that the firearm wasn't significantly modified to accept the scope.

However, if, for example the original stock shoulder stock were removed from a Yugoslavian M59/66 and an aftermarket shoulder stock (having a pistol grip) installed, then the firearm would not be classified as a curio and relic. Similarly, if the original fixed magazine were removed and a large capacity (more than 10 round) magazine installed, the C&R classification would be voided. As compared to firearms in their original configuration, modified C&R firearms would have little or no value to licensed collectors.

Please note that licensed collectors may use their C&R firearms for recreational purposes, provided that the use of particular firearms in this manner does not violate any State or local ordinances. Also, the bayonet and grenade launcher may be removed for shooting purposes without affecting the C&R classification of the firearm.

Enclosed for further information on this subject are the following two pamphlets: Assembly of Semiautomatic Rifles and Shotguns from Imported Parts Under 18 U.S.C. Chapter 44 and Semiautomatic Assault Weapons and Large Capacity Ammunition Feeding Devices Under 18 U.S.C. Chapter 44.

We thank you for your inquiry and trust the foregoing should be helpful.

Sincerely yours,

Sterling Nixon
Chief, Firearms Technology Branch

Link to ATF TAX STAMP form
http://www.atf.gov/forms/pdfs/f53204.pdf

January 18, 2006, 04:08 PM	#6
expeditionx Senior Member Join Date: July 10, 2004 Posts: 330	November 11, 2003 Dear Sir or Madam: This is a follow up to your letter of October 27, 2003 in which you respond to questions regarding ATF’s legal stance toward the use of detachable magazines on SKS Rifles. Thank you for your response, the information was most helpful. However, I have one follow up question on a related subject. In the third paragraph of your response, you state the following: “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).” Your use of the phrase “large capacity ammunition-feeding device” can imply more than just the specific case of detachable magazines about which I inquired. By your use of this phrase did you mean to imply that modifying an SKS to utilize a large capacity fixed magazine is also a 922(r) violation? I sincerely appreciate your efforts in responding to this additional question. LESchwartz ATF wrote: U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives MAR 10, 2004 903050:CLB 3311/2004-130 www.atf.gov Dear Mr. LESchwartz: This refers to your response letter dated November 18, 2003, to ATF, Firearms Technology Branch, asking for further clarification regarding SKS-type rifles that have been modified to accept high-capacity, ammunition-feeding devices. As you may be aware, 18 U.S.C. 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.” SKS rifles capable of accepting detachable or fixed “large capacity ammunition feeding devices” are prohibited from importation. Therefore, modifying an SKS to accept a detachable or fixed large capacity ammunition feeding device would be in violation of 922(r). We thank you for your inquiry and trust that the foregoing has been responsive to your request. Sincerely yours, Sterling Nixon Chief, Firearms Technology Branch Dear Mr XXX This refers to your letter of XXX to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Firearms Technology Branch, in which you ask numerous questions regarding modifications to a Yugoslavian M/59/66 7.62x39 semiautomatic rifle. As your may be aware, the definition contained in 27 CFR 478.11 states "curio or relic" ("C&R") firearms as those "which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons." To be recognized as curio and relics, firearms must fall within one of the following categories: (a) Firearms which were manufactured at least 50 years prior to the current date (replicas not included); (b) Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and (c) Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms available in ordinary commercial channels is substantially less. Classification of surplus military firearms as C&R items based on the above definition are made regarding the weapons in their original configurations. The exchange of a broken or worn part would not remove a C&R firearm from the classification -- nor would the attachment of a telescopic sight, provided that the firearm wasn't significantly modified to accept the scope. However, if, for example the original stock shoulder stock were removed from a Yugoslavian M59/66 and an aftermarket shoulder stock (having a pistol grip) installed, then the firearm would not be classified as a curio and relic. Similarly, if the original fixed magazine were removed and a large capacity (more than 10 round) magazine installed, the C&R classification would be voided. As compared to firearms in their original configuration, modified C&R firearms would have little or no value to licensed collectors. Please note that licensed collectors may use their C&R firearms for recreational purposes, provided that the use of particular firearms in this manner does not violate any State or local ordinances. Also, the bayonet and grenade launcher may be removed for shooting purposes without affecting the C&R classification of the firearm. Enclosed for further information on this subject are the following two pamphlets: Assembly of Semiautomatic Rifles and Shotguns from Imported Parts Under 18 U.S.C. Chapter 44 and Semiautomatic Assault Weapons and Large Capacity Ammunition Feeding Devices Under 18 U.S.C. Chapter 44. We thank you for your inquiry and trust the foregoing should be helpful. Sincerely yours, Sterling Nixon Chief, Firearms Technology Branch Link to ATF TAX STAMP form http://www.atf.gov/forms/pdfs/f53204.pdf Last edited by expeditionx; January 19, 2006 at 10:29 PM.