Written 1/5/02 -DS

OK, so you're too clever for your own good.

So you found this hidden page. 

WELL, I'M NOT DONE YET!

The following information is:

A) not complete

B) partially inaccurate

C) not presented in a way that I would

be proud of publishing on the internet. 

When I'm done, I'll notify everyone on the NEWS page.

Sorry,

Dave

OVERVIEW:  The #1 most frequently asked questions I receive relate to SKS identification.  In close second comes the eternal question, "How do I know if my SKS is pre-ban or not?  This article will hopefully put to rest any questions you may have on this topic.

DISCLAIMER:  The following is my personal interpretation.  I'm not a lawyer, and I'm not the last word on legal issues.  Ultimately, you are responsible for any alteration made to your rifle, especially for those living in California.  Remember, I'm only speaking in a Federal context, not State.  Furthermore, legal interpretations vary, that's why O.J. is innocent of murder, Clinton "never had sex with that woman", and lawyers stay rich.  If you'd like to read the laws and interpret them for yourself, please go to the BATF's WEBSITE or look to the RELATED articles in the UBERLAW section.

In the beginning...

The Gun Control Act of 1968 allows the government to prohibit the import of firearms not designed for sporting purposes.   In 1989, in what some believe was in retaliation for the NRA's denouncement of then President George H. W. Bush's poor voting record on firearms issues, President Bush signed an Executive Order halting the importation of semi-automatic rifles that could not meet certain sporting criteria into the U.S.  That ban was later made into law on November 30, 1990 and subsequently amended in 1993. The section is 18 USC Chapter 44, subsection 178.39 and is entitled Assembly of semiautomatic rifles and shotguns.

The Devil is in the details.

Ok, let's take a look at what is specifically expressed in the regulations and what is directly affected.

The code clearly states the phrase "SKS type rifle".  To me this is very clever and efficient wording.  This wording avoids the necessity of explicitly listing all the countries of origin or trifle with the subtle differences between a Russian "SKS-45", Chinese "Type-XX  (56 - 84) Carbine" models and any of their commercial variants, etc...  If it's rooted in the basic Russian SKS design, then it is a SKS style rifle.

What is the end result they are trying to achieve with these SKS style rifles?  What is the intent of this regulation?  The government it ending the proliferation of foreign SKS style carbines with certain key features they deem undesirable.  The imported Simonovs that possessed these features before the ban was enacted were and are still completely legal.

However, they take it a step further and close a loophole.  They specifically state it is illegal to import or assemble a firearm with certain key non-sporting features.  It is the assembly of imported SKS's which is the crux and the cause of the most confusion.  The ban on assembly prevents some company from trying to side-step the law by  prohibiting the restoration of modified rifles to pre-ban configuration after importation.

A look at listed features.

FOLDING STOCK:  This one is kind of a stretch.  No SKS that I have ever seen or heard of has been imported with a folding stock.  This is because no country but the US has ever designed one for the Simonov.  Actually, that's not entirely true.  A company in China ripped off Leo Livingston's folding stock and started selling exact duplicates of it, but they were never imported as a complete rifle.  They were sold separately and the company was successfully sued for copyright infringement.  Since the Chinese stole our design, I feel justified in stating that no country but the US has ever designed a folding stock for the SKS.

FOLDING BAYONET: 

DETACHABLE MAGAZINE:

Well what if...

Suppose one owns a grandfathered SKS today without a bayonet.  It's legal to add it because one could have added the bayonet when it was imported, right?  It is also legal to add a folding stock to the carbine, right?  WRONG and WRONG!  If the rifle did not have the specific part at the time of the ban, one would be illegally assembling a rifle that has been banned from importation.  This is reinforced by the fact that they had to regulate how broken parts get replaced on grandfathered firearms.  It clearly states that one may have banned part replaced if they break, but one would be illegally assembling 

How can I tell if my SKS is PREBAN?

Basically, you can't.  Many more Simonov's were imported after the ban than before.  Frequently, individuals will place pre-ban parts on a post ban SKS, which is illegal.  These are precious few guaranteed methods of determining the import date:

A)  Department of Defense Bring Back Papers:  Soldiers had to have special permission to bring war trophies back from Vietnam.  Once the DoD issued the permit, the weapon was shipped.  Many times, the paperwork was discarded within a few years of the weapons arrival in the U.S..  Although the serial number was recorded on the paperwork, the DoD will not (or can not) look up serial numbers on reported bring backs.

B)  Import Date Stamped on the Firearm:  I have seen two different types of

  Importers may or may not still possess the records.  The Federal government claims they don't have a copy of the records.  It's my belief that neither have the resources 

In conclusion:

Hopefully I've demonstrated how pointless it is to own a PREBAN SKS.  The only thing it entitles the owner to  Yet people still think they