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Old November 3, 2005, 08:57 PM   #1
expeditionx
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Is my foreign semi-auto rifle/shotgun legal?

From much research into the subject Ill say this, american weapons as far as semi-auto rifles or shotguns are concerned are defined as having 10 or less foreign parts according to Legislation from 1990.
Semi-auto rifles and shotguns with more than 10 imported parts according to the list are legally considered foreign and are subject to 922 legislation compliance.
922 compliance really was about not having what the ATF termed unsporting features such as pistol grips, bayonets, grenade launcher,....etc
So by 1990 semi-auto foreign rifles and shotguns could no longer be imported with traditional battle features as they were throughout the 1980's.

All semi-auto foreign rifles and shotguns on American soil prior to the cutoff date that the legislation took effect in 1990 would be grandfathered as preban(1990) and would remain legal to own. However, any new imports would have to become compliant to the new law. Chinese exporters continued to send 100 percent foreign ak-47s without the uncompliant features.
Examples: pre 1990 sks's were allowed in with bayonets regardless of C&R status.
pre 1990 ak-47's were allowed in with bayonet, pistol grip, and folding stocks.

Any semi-auto rifle or shotgun imported after the 1990 cutoff date could not have the ATF defined unsporting features and could not be modified into a nonimportable rifle or shotgun unless it was made 922 compliant by reducing the total ATF listed foreign parts to 10 or less.
C&R imports bypass the import law if they are kept in original configuration.
Once, the C&R import is modified outside of original configuararion it is subject to 922 compliance. Example of this is the YUGO SKS.
A YUGO SKS if modified such as changing the wood stock to a plastic sporter
stock suddenly falls under 922 and without removing the unsporting features such as a bayonet, grenade launcher, night sights, etc...it would fall out of C&R immunity and become illegal. Adding a detachable magazine even just a 10 round detachable has been declared by the ATF in various letters as a violation of 922. How can some one have an illegal sks? Add: detachable magazine, folding stock, pistol grip, or bayonet.

If you want to modify an import and want to stay legal the best thing to do is to reduce the total listed foreign parts to 10 or less.
This is how the romanian AK-47s are compliant.

Importable shotguns can only have 5 round tube magazines.
Adding extensions to make it more than 5 rounds violates 922 and welcomes you to an all expenses paid trip to CLUB FED (prison)
Benelli no longer offers magazine extensions because the ATF realized that most people were not going to reduce the benelli total foreign parts to 10 in order to add the magazine extension.

922 (r)
The Imported Parts Law(1990)
178.39 otherwise known as 922(r) 10 Foreign parts law on semiauto Rifles & Shotguns
http://www.atf.treas.gov/regulations/27cfr178.html
Sec. 178.39 Assembly of semiautomatic rifles or shotguns.
(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 purposes.
(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 Sec. 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 are:

(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(5) Muzzle attachments
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnectors
(15) Buttstocks
(16) Pistol grips
(17) Forearms, handguards
(18) Magazine bodies
(19) Followers
(20) Floorplates
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Old January 10, 2006, 11:45 PM   #2
expeditionx
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Chinese sks: (non C&R ) with out swapping out 7 listed parts you can still change stock to montecarlo stock but not a folding stock/ or draganov pistol grip
You can add a scope mount.
You can take the bayonette off but cant add a bayo to a rifle that doesnt have one.
To add any of the following features you would need to swap out 7 listed parts: detachable mags any size, non-detachable over 10 yes that includes the chinese 20 round fixed ones, folding or dragonov stock, independant pistol grip, forward pistol grip, bayonette, or a collapsing stock.
-------------------------------------------------------------------------
C&R SKS: Without swapping out 7 or 8 parts if it has a grenade launcher you can simple add a scope mount and C&R staus is not destroyed.
Subtracting parts off of a C&R rifle will void the protected status. Taking the bayonette, original stock, grenade launcher, grenade sites, or night sites off voids C&R status. When C&R status is voided the options are
A. take the other nonimportable features off like the bayonette, grenade launcher, grenade launching sites, and night sites thereby turing the rifle into an importable configuration and then replace no more than the stock for a sporter montecarlo stock and all is compliant.
B. Replace 7 or 8 listed parts and then your sks is exempt from import law and you can have anything on it that regular US made rifles have including the bayonette, grenade launcher, and the other original features.

All the above is based on federal law. Some states like California have more restrictions.

Some good advise however is avoid aftermarket duckbill detachable mags they are mostly junk. Such will turn the sks into a useless weapon.
If you own a Chinese SKS you can get a good montecarlo stock from Choate they are the best aftermarket stocks I have seen. Alot of people regret the ATI ones after they bought them. Staying with just a sporter montecarlo stock with the Chinese SKS relieves you of having to play the parts reduction game.
If you have a yugo, romainian, russian, etc keep it original to avoid a headache. If you even want to do just a montecarlo stock with these C&R ones that alone forces more changes like either stripping evil features or playing the parts swapout game.
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Old January 16, 2006, 04:03 PM   #3
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Quote from Survivor's SKS forum
On July 6, 1989 the Secretary of the Treasury used the authority delegated to him by Congress under Title 18 USC § 925(d)(3) to restrict the import of “non-sporting” firearms.

On July 6, 1989 various military style semiautomatic rifles were determined by ATF to be “non-sporting” based on a variety of features and banned from importation. The authority to impose this ban stemmed from the 1968 Gun Control Act, specifically Title 18 USC § 925(d)(3).

Shortly thereafter, various manufacturers began importing foreign parts and assembling them on locally made receivers. Congress responded in 1990 by passing new regulations. Title 18 USC § 922(r) made it illegal to build any firearm prohibited from importation as “non-sporting” under Title 18 USC § 925(d)(3). Note that only assembly is illegal—possession, transfer, etc, of such a firearm are not covered.

However, the 1990 law was so vague that in 1993 the ATF wrote regulations (178.39) that spell out the “10-or-less imported parts rule” and what “imported parts” mean. It states that only 10 imported parts are allowed in an unsporting imported firearm. This new law and regulation shows up in the 1995 Federal Firearms Guide. During the interim many rifles were built at home from imported parts without concern to parts count.

Finally on April 6, 1998, another study on what constitutes “non-sporting” firearms “result 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.”
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Old January 16, 2006, 11:07 PM   #4
arizcowboy
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Did you just ask and answer your own question? I didn't have the patience to read through all that. Exactly which foreign semi auto shotgun are we talking about here?
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Old January 16, 2006, 11:33 PM   #5
expeditionx
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arizcowboy,

I was keeping the info on this page as a database to use from time to time.
All semi auto shotguns made from 11 listed countable foreign parts would be subject to import law.
This just means they cant have a bayonette, magazine over 5 rounds, folding/telescoping stock, or any other ATF disapproved feature.
The exception is if it was in the country prior to a 1990 cutoff date and no further additions were made since then.
-------------------------------------------------------------------
ATF letters:

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.

LESchwartz


ATF wrote:

Dear LESchwartz

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

Last edited by expeditionx; January 18, 2006 at 04:07 PM.
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Old January 18, 2006, 04:08 PM   #6
expeditionx
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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.
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Old February 7, 2006, 07:45 PM   #7
expeditionx
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http://www.soupbowl.kalashnikov.guns.ru/Page10.html

-------------------------------------------------------------------
SoupBowl Enterprises

April 13, 1998
Ed Owen
Head of BATF Tech Branch Washington DC.

Mr Owen,

Section 178.39(a) States: "No Person Shall Assemble a semiauto-matic rifle or any shotgun using 10 or more imported parts listed in Paragraph © of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being suitable for or readily adaptable to sporting purposes."

My questions are these:

1...How does this LAW deal with Taking ....lets say a MAK-90(which was BANNED by President Clinton in his LATEST executive order) with a thumbhole stock.... and placing a pistol grip and regular type buttstock on the MAK-90? Since Mr. Clinton has made the MAK-90 thumbhole stock rifle a NON-IMPORTABLE rifle, and the rifles that have pistol grips are non importable as well; How does 178.39 deal with this situation. This law deals with making a rifle,(from imported parts), that is prohibited from importation. Since both of these types of rifles are now NON importable, does section 178.39 apply to the rifles already in the USA? If one were to take an imported pistol grip and regular style buttstock and place it on a MAK-90(non importable) would this be a violation? Both of the rifles(MAK-90 and the MAK-90 w/pistol grip) are non importable and it would not change the status of the firearm.

2...OR does section 178.39 NOW say that it is illegal to build even a thumbhole style MAK-90 using 10 or more imported parts?

3...IS it now legal to add a pistol grip and buttstock to a MAK-90 (using more than 10 imported parts) with a thumbhole stock since the host rifle and the finished rifle are BOTH non importable?

4..Is it legal to take a pistol grip off of a PRE 89 AK and replace it with a thumbhole style stock?

5..Are norinco, Mitchell, and poly techs, OWNED prior to 9-13-94, considered to be GRAND FATHERED semiauto-matic Assault weapons as defined by name in the LAW, regardless of wither or not they have TWO evil features or not?

6..Why would it be illegal to assemble a rifle without a thumbhole style stock if the thumbhole stocks are now considered illegal too. Sincerely

_________________________

Wesley J. Drennan

Owner: SoupBowl Enterprises

cc.Ed Owen

cc.Senator Lauch Faircloth [/COLOR][/U][/U]


Dept of Treasury ....BATF.... Washington DC.

MAY-11-1998

F:SD:FTB:CHB
3311
Mr. Wesley
SoupBowl Enterprises

Dear Mr.

This refers to your letter of April 13, 1998, in which you ask about modifications to certain semiautomatic rifles.

Title 18, United States code (U.S.C.) section 922(r) prohibits assembly of certain semiautomatic rifles from imported parts. The implempting regulation in Title 27, code of federal regulations, part 178, section 178.39, provides that no person shall assemble a semiautomatic rifle using more thhan 10 imported parts listed in paragragh (c) of this section if the assembled rifle is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to a sporting purposes.

Certain firearms including the MAK-90 semiautomatic rifle were prohibited from importation, on April 6,1998, and they can not now be assembled from imported parts as provided in the cited sections. Suchh firearms that were imported or assembled prior to April 6, 1998, in complience with the cited sections may still lawfully be possessed.

Adding a pistol grip and buttstock to a MAK-90 rifle using more than 10 imported parts would still constitute assembly of a semiautomatic rifle subject to the provisions of 18 U. S.C. section 922(r) and 27 CFR section 178.39.


--------------------------------------------------------------------------------

--------------------------------------------------------------------------------

page 2

Adding a thhumbhhole stock to an AK style semiautomatic rifle using more tan 10 imported parts would NOW also constitute assembly of a semiautomatic rifle subject to the cited sections.

A MAK-90 style rifle having a thhumbhole style stock with a pistol grip but none of the other features listed in the definition of a semiautomatic assault weapon in 18 U.S.C. section 921(a)(30)(b), would not meet thhe definition of a semiautomatic assualt weapon. The "grandfathered" exemption in 18 U. S. C. section 922(v)(2) applies to a semiautomatic assualt weapon which was lawfully possesed on the date of inactment of the statue. A rilfe that did not meet the definition of a semiautomatic on September 13, 1994 does not qualify for tis exemption. A firearm which became a semiautomatic assualt weapon after September 13, 1994, is subject to te prohibition in section 922(v).

We trust that the foregoing has been responsive to your inquiry. If you ave furter questions concerning this matter please contact us.

Sincerely yours,

"SIGNED"

Curtis H. A. Bartlett

Acting Chief, Firearms Technology Branch
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Old February 7, 2006, 07:55 PM   #8
Hkmp5sd
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The amusing thing about 922(r) is that it is the act of assembling the non-importable firearm that is illegal. It is not illegal to be in possession of a firearm that violates 922(r). In the unlikely even that someone is caught with a SKS or AK variant that is illegal among the millions of legal ones out there, and ATF could actually prove it is illegal, the only thing they can do is confiscate the firearm as contriband.
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Old February 7, 2006, 08:13 PM   #9
expeditionx
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http://www.soupbowl.kalashnikov.guns.ru/Page10.html

This letter clearifies that the ATF considers the Thumbhole stock to include a pistol grip.

Quote:
A MAK-90 style rifle having a thumbhole style stock with a pistol grip

MAK 90 stocks have a built in pistol grip near the trigger. The ATF defining the thumbhole stock as a pistol grip clearifies why the thumbhole stock is no longer imported on many semiauto rifles. Instead, montecarlo stocks are used.
This would mean adding a thumbhole/draganov stock to a rifle that was not imported as such would be illegal because of import law.
Thus, adding a thumbhole/draganov to a AK, sks, or any imported rifle that wasnt imported with a thumbhole is now illegal.
Since 1998 imported rifles have not been allowed with thumbhole stocks and detachable magazines over 10 rounds. Since then (1998) modifying a foreign rifle into an non-importable configuration is illegal unless you remove enough specific ATF listed parts.
-------------------------------------------------------------
MAK 90 came after 89-90 law enactment. MAK 90 in its original configuration is legal with the thumbhole. Between 1990 and 1998 the thumbhole wasnt an issue. Between 1990 and 1998 a weapon that could use a magazine over 10 rounds wasnt an issue. As of 1994, the magazines over 10 rounds that were made after the 1994 AWB enactment could not be introduced on U.S. soil, but this didnt mean newly imported guns couldnt utilize the old pre-1994-ban magazines. By 1998: no foreign semis that have a bayonette, pistol grip, folding stock, and other non-importable features. Then in 1998 a new import restriction, newly imported semis couldnt have the ability to accept magazines larger than 10 rounds. This restriction still stands for imports not domestic semis. The letter implies that if you have a MAK90 in original configuration it is fine. However, if you add a pistol grip without reducing enough foreign parts it becomes non-compliant and confiscatable.
Assembling is defined as reconfiguring/modification (like adding a pistol grip). Even a pre-1989 rifle must stay like it was before the ban because if when you reconfigure your assembling a new rifle and therefore no longer protected by grandfathering. Preban (before 1990) weapons are not magically exempt from 922 if you reconfigure them.

http://www.thefiringline.com/forums/...d.php?t=198804

Last edited by expeditionx; February 8, 2006 at 10:40 PM.
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Old February 7, 2006, 08:15 PM   #10
expeditionx
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Hkmp5sd,

Yes your right 100 percent. Confiscation, unless of course you also tell them that you did the modifications.
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Old February 15, 2006, 03:53 AM   #11
expeditionx
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http://www.tapco.com/page.asp?id=83

922 parts illustrated for sk, ak , and fal.


New ATF letter - sks mods legality

http://img462.imageshack.us/my.php?i...oject017be.jpg

http://img48.imageshack.us/my.php?im...rject027ev.jpg

http://img48.imageshack.us/my.php?im...oject030rz.jpg

Last edited by expeditionx; February 17, 2006 at 12:56 AM.
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Old February 23, 2006, 02:08 PM   #12
expeditionx
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A post someone wrote on another forum stated something that never really clicked with me before. The one thing that I got out of it was, the 1989 importation ban was not what stopped reassembly into non-importable weapons. Rather, an act of congress in 1993 created
Sec. 178.39 Assembly of semiautomatic rifles or shotguns.
I hear to often on several websites blame going to Bush Senior for not being able to modify their weapons. Bush Senior wasnt in office in 1993.
Congress of 1993 took it upon themselves to stop American companies from importing and reassembling weapons that they conspired to stop the sale of in the U.S. Bill Clinton was in office when 922 assembly law was formulated according to the date on the legislative entry in codification.

Sec. 178.39 Assembly of semiautomatic rifles or shotguns.
[T.D. ATF-346, 58 FR 40589, July 29, 1993]
http://www.atf.treas.gov/regulations/27cfr178.html

Quote from RDSWriter the post that got my attention:

A little history for you

For those of us who actively collected stuff during the late '80s and early '90s, we remember the period of May 1989 to Nov 1989 when you could buy a neutered Chicom AK and then reconfigure it to an 'unsporting' configuration. Why, because the executive order by Papa Bush only banned importation on features in May - it did not ban re-configuration once it was in the US. When Congress followed his lead in Nov of that year and ATF made it rulings, it ended re-configuration of imported (receiver) firearms by making 'assembly' illegal. Shortly thereafter, you had some companies start to making US receivers since US guns were exempt from the import ban. This existed for for a little over three years.

For reference purposes, the 10-part rule was implemented in 1993 to address the BWEST AK receivers and the Entreprise FAL receivers that people were using to manufacture guns out of entire imported parts kits with US receivers. Up to that point in history the serial numbered part and country of origin determined whether or not it was a US firearm. If the reciever was US, the gun was US. This made it relatively easy to obtain prohibited firearms, so the 10-part rule was created by the ATF. This effectively stopped assembly of US assembled unsporting guns because the 1994 AWB ban came so fast that no one really tooled up to manufacture FCG and furniture kits to address the 10 part rule for imported parts kits.
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Old February 27, 2006, 02:36 AM   #13
expeditionx
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I have seen various ATF letters over the past 5 years that have implied that preban status does not mean imunity to new reconfiguration. A myth has circulated since the early 1990s that imported weapons made before 1990 are immune to the import law and therefore you can do anything you want to them. One recent ATF letter I posted about a MAK90 easily disproved the myth in its content.

I just ran across another post that totally disproves the myth again.

Quote from Survivors sks boards:

It is not legal to add a particular feature to a pre-ban SKS Carbine. One could have added it before the ban. If the rifle did not have the feature on the date the ban became effective, adding it afterwards would be illegally assembly of a banned firearm. A banned feature may be repaired, but cannot be added to a firearm.

The May, 1994 American Rifleman magazine featured an article on the subject which quoted Edward M. Owen, Jr., chief of the BATF Firearms Technology Branch, as writing:

"On Nov. 29, 1990, the Congress enacted Title 18 (of the United States Code), Chapter 44, Section 922(r) which states 'it shall be unlawful for any person to assemble from imported parts any semi-automatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under Section 925(d)(3)...'"

"As indicated the section became effective on Nov. 29, 1990. Therefore, any assembly, performed after the effective date of the section, which creates a semi-automatic rifle that is prohibited from importation would be a violation of Section 922(r), irrespective of the date that the firearm was imported."

This contradicts the common belief that rifles imported prior to November 29th, 1990 are immune from this legislation.
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Old March 29, 2006, 04:08 PM   #14
expeditionx
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Join Date: July 10, 2004
Posts: 330
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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Old April 9, 2006, 08:08 PM   #15
expeditionx
Senior Member
 
Join Date: July 10, 2004
Posts: 330
http://www.ar15.com/forums/topic.html?b=6&f=1&t=177741
Dear Mr. *****:

This refers to your letter of September 21, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you ask about adding a telescoping stock and a magazine extension to a Benelli M1014 shotgun.

A shotgun with a telescoping stock or a magazine greater than 5 rounds is prohibited from importation into the United States under the provisions of section 925(d)(3) of Title 18, United states code (U.S.C.). Assembly of such a shotgun from imported parts is prohibited under 18, U.S.C. Section 922(r). The implementing regulations in Title 27, Code of Federal Regulations, Part 478, Section 478.39 (formerly Part 178, Section 178.39) prohibit assembly of such a shotgun that contains more than 10 of the imported parts listed in paragraph (c) of the regulation. Please see the enclosed brochure for further information. Assembly of such a shotgun using 10 or less of the listed import parts is not prohibited. The shotgun is also subject to whatever State laws and local ordinances may apply.

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

Sincerely yours,

(signed)
John A. Spurgeon
Chief, Firearms Programs Division

The brochure contains the following:

(c) For purposes of this section, the imported parts are:

1. Frames, receivers, receiver castings, forgings, or stampings.
2. Barrels
3. Barrel extensions
4. mounting blocks (trunnions)
5. Muzzle attachments
6. Bolts
7. Bolt carriers
8. Operating rods
9. gas pistons
10. Trigger housings
11. triggers
12. Hammers
13. Sears
14. Disconnectors
15. Buttstocks
16. Pistol grips
17. Forearms, handguards
18. Magazine bodies
19. Followers
20. Floorplates
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