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Since writing these
letters, I have learned infinitely more about gun legislation than what I knew
when I wrote these. I was asking all the wrong questions, so as it is with
computers "garbage in, garbage out". I'll be crafting two better
letters in December or January to gather better information for us to ponder.
Letters to the BATF's Technology Division:
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MY
LETTER REGARDING
STOCKS |
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5/18/2000
To:
Bureau of Alcohol, Tobacco and Firearms
Firearms Technology Branch
650 Massachusetts Avenue, NW. Room 6450
Washington, DC 20226
From: David Sutherland
Houston,
TX. 77032
Dear
Sir or Madam:
I
am writing to request clarification regarding the BATF’s current legal
stance regarding the SKS carbine. The
questions I have for your department specifically relate to stocks and
are as follows:
1)
Is
it true that one can have any type of stock, except a folding style
stock, on an
SKS provided there is not a detachable magazine on the
rifle as well? If not,
could you please provide examples of illegal stocks?
2)
Is
it legal for a person to manufacture and possess a SKS with a Bullpup
style stock? If so, are
there any paperwork requirements necessary to manufacture a Bullpup
stock for individual use on an SKS?
3)
It
is written that it is acceptable to add a detachable magazine to a SKS
with a sporterized stock such as the thumbhole or Monte Carlo style
stock. What about pistol
gripped stocks? Is it
acceptable to possess a pistol gripped SKS with a detachable magazine
provided there are none of the other features listed in 922r?
4)
Would
it be legal for a person to possess a SKS with the originally imported
wooden stock (non-sporterized) and add a detachable high capacity
magazine? Could a person
with an originally imported wooden stock sporterize that stock by
permanently closing or eliminating the rear accessory door on that
stock?
I
sincerely appreciate your efforts in responding to this letter,
David
Sutherland
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THE
B.A.T.F'S RESPONSE REGARDING STOCKS |
DEPARTMENT OF
THE TREASURY
BUREAU OFALCOHOL, TOBACCO AND FIREARMS
WASHINGTON,
DC 20226
SEP
25 2000
903050 :CHB
3311/0-513
Mr.
David Sutherland
Houston,
Texas 77032
Dear
Mr. Sutherland:
This
refers to your letter of May 18, 2000, in which you asked about
installing replacement stocks and detachable magazines on SKS rifles.
As
defined in Section 921 (a) (30) (B) , of Title 18, United States
Code (U.S.C.), the term “semiautomatic assault weapon” means a
semiautomatic rifle that has an ability
to accept a detachable magazine and has at least
2 of -
(i) a
folding
or
telescoping stock;
(ii) a
pistol
grip
that
protrudes conspicuously beneath the action of the weapon;
(iii)
a bayonet mount;
(iv) a
flash suppressor or a threaded barrel designed to accommodate a flash
suppressor; and
(v) a
grenade launcher.
A
semiautomatic SKS rifle with a detachable magazine and 2 or more of
the above qualifying features (i) -(v)
is a semiautomatic assault weapon as defined. Please note that a
thumbhole type stock or a bullpup style stock may still incorporate a
pistol grip.
It is unlawful to manufacture,
transfer or possess a semiautomatic assault weapon as provided in 18
U.S.C. section 922 (v) . However, a semiautomatic assault weapon, which was
lawfully possessed under Federal law on September 13, 1994, may still
be lawfully possessed and transferred.
An SKS rifle with a fixed,
non-detachable magazine is not a semiautomatic assault weapon. An SKS
rifle having a detachable magazine and only 1 of the qualifying
features (i)
- (v)
is not a semiautomatic assault weapon.
Section 922(r), of
Title 18, U.S.C. prohibits assembly of certain semiautomatic rifles
from imported parts. The implementing regulations in Title 27, Code of
Federal Regulations (CFR) section 178.39(a), provide that 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. Please see the enclosed brochure for a list of the
20 parts in paragraph (c) (27 CFR 178.39(c)).
An SKS rifle with a folding
stock and a fixed or detachable magazine, is prohibited from
importation under Section 925 (d) (3) ; therefore,
assembly of such a rifle is prohibited if the rifle contains more than
10 of the imported parts listed in 27 CFR 178.39(c). If the rifle
contains only 10 or less of the listed imported parts assembly of the rifle is not
prohibited under section 922
(r).
Certain SKS rifles in a
sporter configuration with detachable magazines were formerly approved
for importation; however, sporterized military style rifles having an
ability to accept a large capacity military magazine are now
prohibited from importation. Any SKS rifles with detachable magazines
which we have seen would no longer be approved for importation.
An SKS style rifle with a
fixed magazine and a bullpup style stock and none of the features listed
in the semiautomatic assault weapon definition (18 U.S.C. § 921(a) (30)
(B)) would possibly qualify for importation; however, we are not able to
render an opinion on a hypothetical firearm of this type without precise
information on the configuration of the rifle and the stock.
We trust that the foregoing
has been responsive to your inquiry. If you have further questions
concerning this matter, please contact us.
Sincerely yours,
Curtis H.A. Bartlett
Acting Chief, Firearms
Technology Branch
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MY
LETTER REGARDING
THE ASSAULT BAN |
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6/1/2000
To:
Bureau of Alcohol, Tobacco and Firearms
Firearms Technology Branch
650 Massachusetts Avenue, NW. Room 6450
Washington, DC 20226
From: David Sutherland
Houston,
TX. 77032
Dear
Sir or Madam:
I
am writing to request clarification regarding the BATF’s current legal
stance regarding the SKS carbine. The
questions I have for your department specifically relate to the assault
rifle ban and are as follows:
1)
If
an individual owns a verifiably pre-ban SKS, is it legal for them to add
a
folding stock to the rifle today?
2)
An
individual purchases a SKS that includes a folding stock and the seller
indicates in writing the entire rifle has been in its present state
since before the ban. If
the buyer still has doubts, could the buyer call the BATF to verify
whether or not the rifle genuinely holds pre-ban status?
If not, how can the new gun owner gather proof that the rifle is
indeed of pre-ban status?
3)
If
the seller is fraudulent in representing an SKS carbine as pre-ban, what
should the new owner of the SKS do to protect himself from federal
litigation?
4)
Another
man has added a folding stock to his SKS in 1983. At the time this man added the folding stock to his rifle, he
never anticipated that it would one day become illegal to perform this
modification to SKS carbines, so he never documented the conversion or
saved any receipts. How can
this man protect himself from accusations or litigation today?
I
sincerely appreciate your efforts in responding to this letter,
David
Sutherland
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DOCUMENT
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THE
B.A.T.F'S RESPONSE REGARDING THE BAN |
DEPARTMENT OF THE TREASURY
BUREAU OFALCOHOL,
TOBACCO AND FIREARMS
WASHINGTON, DC 20226
AUG
112000
903050
:GKD
3311/0-542
15803
Archduke Drive
Houston,
Texas 77032
Dear
Mr. Sutherland,
This
refers to your letter of June 1, 2000, requesting information relative
to SKS rifles and their status under the “assault rifle ban.”
The
law you refer to as the “assault weapon ban” is part of the Gun
Control Act of 1968. Specifically that part of the law that defines
the term “semiautomatic assault weapon” is Title 18, United States
Code (U.S.C.), Chapter 44, section 921(a) (30). In part, this defines
a semiautomatic assault weapon as:
(B)
a semiautomatic rifle that has the ability to accept a detachable
magazine and has at least two of
(i)
a folding or telescoping stock,
(ii)
a pistol grip that protrudes conspicuously beneath the action of the
weapon,
(iii)
a bayonet mount,
(iv)
a flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and
(v)
a grenade launcher.
If
your SKS rifle has a fixed magazine of any capacity (a magazine that
cannot be removed from the rifle without first removing the trigger
assembly) it could not be defined as a semiautomatic assault weapon as
it does not have a detachable magazine.
Additionally,
alterations to imported semiautomatic rifles are governed by the
provisions of Title 18 U.S.C., Chapter 44, section 922(r), and the
regulations in Title 27, Code of Federal Regulations (CFR), Part 178,
section 178.39.
Title
18 U.S.C., Chapter 44, section 922(r), in part, provides 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.
Title
27 CFR, Part 178, section 178.39, governs the assembly of semiautomatic
rifles using parts of imported origin and provides a list of 20 parts of
which no more than 10 of those named parts may be present in the final
assembly of a semiautomatic rifle.
A
copy of the “Federal Firearms Regulations Reference Guide” is
enclosed for your reference.
Referring
to the four specific questions in your letter, the first two will be
addressed in the order they appear.
(1)
“If an individual owns a verifiably pre-ban SKS is it legal for them
to add a folding stock to the rifle today?”
Installation
of a folding stock to an SKS rifle would be a violation of Title 18
U.S.C., Chapter 44, section 922 (r), as quoted above unless no more than
10 of the 20 named parts listed in 27 CFR, section 178.39, are of
foreign origin.
Further,
depending on other features of the SKS rifle, if it was able to accept a
detachable magazine, the addition of a folding stock could cause the
rifle to be classified as a semiautomatic assault weapon manufacture of
which would be a violation of Title 18 U.S.C., section 922(v) (1)
(2)
“An individual purchases an SKS that includes a folding stock and the
seller indicates in writing the entire rifle has been in its present
state since before the ban. If the buyer still has doubts, could the
buyer call the BATF to verify whether or not the rifle genuinely holds
pre-ban status? If not, how can the new gun owner gather proof that the
rifle is indeed of pre-ban status?”
The
Bureau of Alcohol, Tobacco, and Firearms has no information available to
determine such a status of an imported firearm. If an individual has
doubts as to the legal status of a firearm, the best course of action
would be to decline the purchase or possession of the firearm.
Questions
three and four relating to steps an individual can take to protect
himself from litigation relating to purchase or possession of an
illegally altered firearm are outside the expertise of ‘this office
and should be addressed to an attorney.
We
trust that the foregoing has been responsive to your inquiry. If we can
be of any further assistance, please contact us.
Sincerely
yours,
Curtis
H.A. Bartlett
Acting
Chief, Firearms Technology Branch
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