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Thank you for visiting ATF's Website. As stated on our site, generally, we do not answer technical questions via e-mail, but I contacted our Firearms Technology Branch (FTB) and was advised the following:
"ATF’s Firearms Technology Branch (FTB) received many letters asking about the legality of making modifications to imported semi-automatic rifles and shotguns.
The Gun Control Act of 1968 (GCA), 18 U.S.C. Section 922(r), specifically states the following:
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 the Section 925(d)(3)…as not being particularly suitable for or readily adaptable to sporting purposes…
Also, 27 C.F.R. Section 478.39 (formerly 178.39) states—
“…(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purpose…..
(b) The provisions of this section shall not apply to:
(1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of[§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.
(c) For purposes of this section, the term imported parts [tabulated below] are:
(1) Frames, receivers, receiver
castings, forgings, or castings.
(2) Barrels.
(3) Barrel extensions.
(4) Mounting blocks (trunnions).
(5) Muzzle attachments.
(6) Bolts.
(7) Bolt carriers.
( Operating rods.
(9) Gas pistons.
(10) Trigger housings.
(11) Triggers.
(12) Hammers.
(13) Sears.
(14) Disconnectors.
(15) Buttstocks.
(16) Pistol grips.
(17) Forearms, handguards.
(1 Magazine bodies.
(19) Followers.
(20) Floor plates.
As a result of a 1989 study by the U.S. Treasury Department regarding the importability of certain firearms, an import ban was placed on military-style firearms. This ban included not only military-type firearms, but also extended to firearms with certain features that were considered to be “nonsporting.” Among such nonsporting features were 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 exception for this criteria is curios and relics in their original military configuration i.e. the Yugoslavian SKS 59/66. Yugoslavian SKS 59/66 rifles can be modified by removing offending features (as in the State of California) but not
Determinations regarding the suitability for sporting purposes are made on a case-by-case base and often will require review by the Firearms Technology Branch. Rifles that are prohibited from importations include:
1. Semiautomatic versions of machineguns
2.Rifles chambered to accept a centerfire cartridge case having a length of 2.25 inches or less (includes .223 and 7.62 X 39); AND
3.Rifles that have the ability to accept a detachable large capacity magazine originally designed and produced for a military assault rifle or be easily modified to accept such a magazine with only minor adjustments to the rifle.
Non-sporting features may be removed from SKS and AK type rifles without violating 922(r), i.e. bayonet, bayonet lug, bipod, grenade launcher, flash suppressor, and night sight. Any additions to SKS and AK type rifles would make them nonsporting firearms that would be in violation of 922(r). These additions include: replacing the thumbhole stock with a pistol grip and military style stock and/or modifying the firearm to accept a high capacity magazine.
In order to modify SKS or AK type rifles and avoid any violations of 922(r), you will have to replace the foreign parts, except for 10, with U.S.-made parts. As previously stated, no more than 10 of the above 20 foreign parts can be installed after the modification.”
If you have any further questions, please call them on 304-260-1700. Regards,
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