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SKS Legality in the U.S.
CLICK HERE FOR INFORMATION ON CANADIAN FIREARM LAWS
By: Dave Sutherland (updated 12/24/00)
DISCLAIMER: The following is my personal interpretation. I'm NOT a lawyer, and I'm NOT the last word on legal issues. These laws are so vague and contradictory that black and white interpretation is nearly impossible. Ultimately, you will be responsible for any alteration made to your rifle, especially for those living in California. 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 below.
REMEMBER: Don't fixate on any one set of laws or regulations. Try to see the body of gun legislation as a whole and make it a point not to exceed the most restrictive statute. Though 922(r) is the most notorious, there are other Bills and Acts to consider.
NOTE: All text in GREEN symbolizes a safe, legal practice. ORANGE symbolizes a warning or ambiguity, and RED text symbolizes an illegality.
RELATED AND REFERENCED:
I WANT TO LAUGH, BUT IT'S JUST NOT FUNNY...(This is how it all begins, the very first section.)
The Gun Control Act of 1968, Public Law 90-618, Title 18, United States Code, Chapter 44, Section 101: "The Congress hereby declares that the purpose of this title is to provide support to Federal, State, and local law enforcement official in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.
COMMENTS: This noble rhetoric rings of the protection of the citizens, yes? Well, it's completely meaningless since Congress is the body which defines what is or is not lawful. They're the ones who define the proverbial line in the sand. The above clearly and repeatedly states this Title protects "law-abiding citizens". Technically they can never restrict a law-abiding citizen no matter how restrictive they get!!! When the line in the sand is redefined, some will suddenly find that are no longer law-abiding but law breakers, criminals, and that's exactly the who title is "fighting against".
IMPORTANT LEGISLATION AND RULINGS:1954: Internal Revenue Code of 1954: Section 5845(a): Lists firearms readily suited for sporting purposes. This code was intended to take fully automatic firearms like the "Tommy Gun" out of the hands of private citizens. The SKS was not addressed in this Code because it was still a viable Soviet military firearm and not exported to the West.
1968-Present: The Gun Control Act of 1968, Public Law 90-618, Title 18, United States Code, Chapter 44: This is the Act which is the framework for the modern Gun Control movement. It contains the infamous 922(r) and 923(d)(3) provisions which gives the Secretary of the Treasury final word on what is and is not legal to import and possess in the United States. It has seen constant revision since it's inception in 1968, and more than two rounds of additions and amendments the very year of it's inception! More or less, whenever a new gun law is passed, it's a modification of this body of legislation.
921(a)(30) of Title 18, United States Code, Chapter 44: Legally defines and lists the features that comprise a "semiautomatic assault rifle". See DEFINITIONS below.
922(r) of Title 18, United States Code, Chapter 44: This is a short, very misunderstood, section which simply states that it "shall be unlawful to assemble from imported parts any rifle ... which is identical to any rifle ... prohibited from importation under section 923(d)(3)". When a person changes the configuration of an existing weapon, it is considered assembling a whole different weapon and it's newest form needs to be 923(d)(3) compliant. 922(r) does not apply to the possession of any firearm, section 923(d)(3) does. Nor does it apply to the assembly of U.S. made firearms.
922(v)(1) of Title 18, United States Code, Chapter 44: States that "It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon".
923(d)(3) of Title 18, United States Code, Chapter 44: This is the section that grants the President (via the Secretary of the Treasury) full authority in what modern firearms are legal to import and possess in the United States. The Secretary usually turns to another division of the Executive Branch, the BATF, to write and enforce the regulations portraying the will of the President. This is very similar to the personal discretion of a Roman Emperor who arbitrarily determined the fate of the accused by the simple act of giving the thumbs up or the thumbs down...
923(e) of Title 18, United States Code, Chapter 44: This subsection exempts firearms listed as curio and relics (C&R) from ANY provision in Title 18 relating to the importation . "Notwithstanding any other provision of this title, the Secretary [of the Treasury] shall authorize the importation of ... all rifles ... listed as curios and relics by the Secretary pursuant to section 921(a)(13). "Notwithstanding" is used here as a preposition meaning "despite". Section 921 is dedicated to definitions, and part (a)(13) defines "collector". A C&R firearm is still a "firearm", so a weapon listed as a C&R assembled from imported parts may no longer be legally possessed as it may violate 922(r). The relevance of this notation here is explained later.
DEFINITIONS:SEMIAUTOMATIC RIFLE: (As defined by 18 U.S.C. Chapter 44) Section 921(a)(28) - "Any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge."
SEMIAUTOMATIC ASSAULT WEAPON: (As defined by 18 U.S.C. Chapter 44) Section 921(a)(30) - "The term 'semiautomatic assault weapon' means ... (B) a semiautomatic rifle that has the ability to accept a detachable magazine and has at least two of -
NOTE: Section 922(v)(1) states that "It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon".
LARGE CAPACITY AMMUNITION FEEDING DEVICE: (As defined by 18 U.S.C. Chapter 44) Section 921(1)(31) - "The term 'large capacity ammunition feeding device' ... means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition."
ASSEMBLY AND MODIFICATION OF FIREARMS:SUMMARY: One may own a SKS in any form so long as the SKS is not a semiautomatic assault weapon or in a form that would otherwise be banned from import. Determining what is banned from import, understanding how to build a domestic SKS, and understanding the definition of semiautomatic assault weapon are more or less the universal keys in keeping your SKS legal. EXPLAINATION: When a person modifies an existing weapon, they are considered to be assembling a completely different weapon. US Code Chapter 44 Section 922(r) states that "it shall be unlawful for anyone to assemble from imported parts any semiautomatic rifle ... which is identical to any rifle prohibited from importation under section 925(d)(3) of this chapter". [I can find no legal definition as to what "identical" means. Identical in function rules out all detachable magazines on imported SKS's, but identical in form means non-military, aftermarket SKS magazines are completely legal since an AK magazine is not interchangeable with a SKS magazine.] 925(d) gives the Secretary of the Treasury final authority on what firearms can be imported or possessed in the United States if the firearm does not appear in section 5845(a) of the Internal Revenue Code of 1954. This code lists firearms that are particularly suited for sporting purposes and the SKS does not appear on that list. This means that the Secretary of the Treasury, who is in the cabinet and is a direct agent of the President of the United States, determines the fate of the SKS's import status. If the Secretary were to ban the SKS in all it's forms, it will no longer be legal to possess in the U.S., although most likely subject to some grandfather clause.
On July 7th, 1989 various military style rifles were banned from importation by the Secretary of the Treasury under the Presidency of GEORGE HERBERT WALKER BUSH. (I can hear you gasping even now!). On that day, he banned the "SKS style rifle with [a] folding stock, folding bayonet, or detachable magazine" from importation. This means that one may not import or assemble a weapon of this description unless it has TEN OR LESS of the imported parts listed under Part 178.39(c). [This still leaves open the question as to how all these Romanians are getting in with the the bayonet attached. C&R?] Those parts listed under Part 178.39(c) are as follows:
As AK type rifle owners are well aware, if one has enough US made parts listed under Part 178.39(c), they may legally possess a rifle that would be otherwise prohibited from import. The Secretary banned "AK-47 style rifles with ... separate pistol grip[s]", but they can be legally possessed in this configuration today because the proper US made parts count has been achieved via new U.S. made trigger assemblies and new U.S. made stock replacement kits. Keep in mind, even though a rifle may be US made, one still needs to adhere to Sections 921(a)(30) and Section 922(v)(1) which defines and makes ownership of semiautomatic assault weapons illegal.
Are you curious to see where your SKS stands regarding the imported parts listed under Part 178.39(c)? Try the TEN OR LESS GAME.
OVERALL LEGAL ISSUES RELATING TO:Item of note: Section 922(r) does not prohibit possession, sale, or importation of parts and components which may be used to assemble as semiautomatic weapon in violation of the statute.
BAYONETS: SUMMARY: I need to write the BATF for more clarification about this one... A post-ban Russian Simonov may legally possess it's bayonet so long as it's still 922(r) compliant. No post-ban, imported Chinese SKS can keep this feature. Romanian and Yugoslavian SKS are up in the air as they are not C&R listed last I looked. However, in the past Yugoslavian Simonovs and more recently a boatload of Romanians were imported with the bayonet, so they may have been recently listed as C&R eligible or approved for import and possession. EXPLANATION: 923(e) exempts firearms listed as curio and relics (C&R) from ANY provision in Title 18. "Notwithstanding any other provision of this title, the Secretary [of the Treasury] shall authorize the importation of ... all rifles ... listed as curios and relics by the Secretary pursuant to section 921(a)(13). "Notwithstanding" is used here as a preposition meaning "despite". Basically, despite any law governing bayonets, if the SKS in question is listed as a curio and relic, then it's legal to import, thus possess with the bayonet. Russian Simonovs are listed as C&R, but no other SKS is. Western European Simonovs are ambiguous, but Chinese Type 56 Carbines have been imported in sufficient numbers for a long enough period to merit a place on the list. If it's not listed, it's for a reason. Remember, a C&R firearm is still a "firearm", so a weapon listed as a C&R assembled from imported parts may no longer be legal to possess as it may still violate 922(r). COMMENTS: On July 6th, 1989 the BATF determined that certain rifles had characteristics common to modern military assault rifles that separate them from from traditional sporting rifles. Bayonets were one item on the list. The groundwork has been set, so this may ultimately be prohibited from use or used as leverage to prove an individual's firearm is "non-sporting" in nature, thus not eligible for import, thus illegally possessed.
BAYONET LUGS: SUMMARY: Although not stipulated in any import ban, it is a listed feature which helps define a "semiautomatic assault weapon". It is completely legal all by itself. However, it is illegal if it is a feature of a rifle defined as a "semiautomatic assault rifle". EXPLANATION: 922(v)(1) of Title 18, United States Code, Chapter 44 states that "it shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon". 921(a)(30) of Title 18, United States Code, Chapter 44 legally defines and lists the features that comprise a "semiautomatic assault rifle" . A SKS with a detachable magazine, bayonet lug, and one other listed feature is illegal to possess. COMMENTS: If a person owns
a SKS with
a bayonet lug and is not using it for a bayonet or bipod, why not get it removed? It's silly to possess
a listed and controversial feature
that is not even utilized or appreciated. If one is hesitant to ruin the collector's value of the rifle by removing the bayonet
lug, buy a second front sight
assembly. Have the bayonet lug removed on the new assembly and swap it out
for the original. Be sure to squirrel away the intact
original sight for the time of sale.
STOCKS: SUMMARY: It is completely legal to swap any stock on a SKS so long as the assembled rifle remains 922(r) complaint. Any stock is acceptable so long as the rifle has an overall length exceeding 26 inches.
MONTE CARLO: In and of itself, these are completely legal in all forms I've ever seen.
THUMBHOLE: Be safe and treat these as a pistol gripped stocks. Be wary and don't exceed the limitations of 922(r).
DRAGUNOV: Definately treat these as a pistol gripped stocks. Be wary and don't exceed the limitations of 922(r).
NON-FOLDING PISTOL GRIPPED STOCKS (ATI ULTRALIGHT): Be wary and don't exceed the limitations of 922(r).
FOLDING OR COLLAPSIBLE STOCKS: An imported Simonov with a folding stock is illegal to possess. A U.S. made SKS with folding stock and accepts detachable magazines is illegal. A U.S. made SKS with a FIXED magazine and folding stock is entirely legal to possess if suitable for sporting purposes.
SCOPES & SIGHTS: SCOPES: Mounting a scope is free from any state and federal regulation. These are generally 'safe' alterations. SIGHTS: Changing the sights on a rifle is free from any state and federal regulation. These are generally 'safe' alterations. NIGHT SIGHTS: Night sights are considered by the BATF to be a common characteristic of military assault rifles and distinguish them from traditional sporting rifles. This may possibly render an imported rifle "non-sporting", thus making the imported SKS illegal. Strictly speaking, I can find no statute that specifically addresses this item. I'll be getting specifics from the BATF in the next few months.
MAGAZINES: HIGH CAPACITY MAGAZINES: From a Federal perspective, these don't exist for the SKS.
FIXED MAGAZINES: Completely legal on any imported SKS.
DETACHABLE MAGAZINES:
AK-47 MAGAZINES: Illegal on post-ban imported Simonov's. A U.S. made SKS with an AK-47 magazine can be legal but is subject to the limitations outlined in section 922(r).
BIPODS: SUMMARY: Bipods are considered by the BATF to be a common characteristic of military assault rifles and distinguish them from traditional sporting rifles. This may possibly render an imported rifle "non-sporting", thus making the imported SKS illegal. Strictly speaking, I can find no statute that specifically addresses this item. I'll be getting specifics from the BATF in the next few months. COMMENTS: As for bipods, the unofficial information I've been seeing is that so long as it's not a fixed bipod, it's a green light, but make it permanent and it's a potential violation. This whole issue confuses me. Fixed configurations are commonly available and frequently seen sold by gun dealers in stores and on gun show floors. Contrary to liberal belief, I know nobody who's more in tune with keeping legal than the gun dealers. Nobody I know wants to possess even one illegal weapon, so a legitimate dealer who could potentially own twenty or more has a vested interest in keeping it legal. Secondly, if a legitimate manufacturer produces something illegal to put on a rifle, sales are rotten and they risk liability for being party to a criminal act. Risky products tend to go out of production. A prime example of this is Choate and ATI. Both made folding variants of SKS stocks that are no longer produced. Although some big companies are still producing fixed SKS bipods, the legal standing on these items remains clouded.
SUPPRESSORS: SUMMARY: It's perfectly legal to attach a muzzle mounted recoil compensator, provided that the device is not also designed as a flash suppressor. Flash suppressors are considered by the BATF to be a common characteristic of military assault rifles and distinguish them from traditional sporting rifles. This may possibly render an imported rifle "non-sporting", thus making the imported SKS illegal. Strictly speaking, I can find no statute that specifically addresses this item. I'll be getting specifics from the BATF in the next few months. COMENTS: Even the BATF is reluctant to define what the distinction is between a muzzle break and a flash suppressor. It's generally believed that a compensator will have vents that partially encompass the barrel, while a flash suppressor has vents that completely encircle the barrel. Additionally, does "permanently affixed" mean pinned? Or does the brake need to be soldered to the muzzle?
AUTOMATIC STYLE FIRE: EXTERNAL TRIGGER ACTIVATING DEVICES: Such as Hellfire triggers and other such devices that make an SKS fire rapidly by repeatedly pulling the trigger are completely legal, for now so long as one pull of the trigger only fires less than three shots.
SELECT FIRE and FULL AUTO CONVERSIONS: Completely illegal for those without a Class III FFL.
CONCLUSIONFinally, it has generally been observed and is believed that the BATF does not aggressively pursue individuals who may possess a semiautomatic assault weapon. That person would most likely be told with all authority to "fix it" and not suffer prosecution. Prosecution is going to come after one has proven to them that they're an immediate danger to society, proliferating illegal firearms, or flagrantly disobeying the law. For example, Randy Weaver of Ruby Ridge notoriety caught the attention of the BATF through the sales (proliferation) of a quantity of sawed off shotguns. I've never even heard so much as second hand stories of anyone getting prosecuted simply for possessing a firearm with one too many listed features without breaking other more grievous laws along the way. It's generally people like drug dealers, gang bangers, and those similar to the notorious L.A. bank robbing gunmen who get these Federal charges levied against them. It's my understanding that the NRA has vast resources at it's disposal to aid the defense of otherwise law-abiding citizens were it to happen. So far, there just haven't been any any worthwhile defendants for the NRA to champion. The NRA is there to defend our rights and doesn't need to sully it's reputation by defending blatant criminals. This is actually a good thing if you ask me. It means that the Fed is, for the most part, adhering the the stated purpose of Title 18. When and if it were to happen, one can rest assured the NRA will step up and make sure these laws go all the way to the Supreme Court, contesting it's very constitutionality.
Some may be tempted buy this perceived leeway and inability of the BATF to enforce such laws on an individual basis to "bend the rules" a little. It's my personal belief that it is the duty of every responsible American to obey our laws better than the best of our ability. There are things one can legally do to ultimately possess the firearm they believe the Constitution guarantees us. The first is to work within the framework and do what it takes to become a Class III firearms dealer. The second option is to change the framework itself. Aggressively working to fire the Congressmen who are after the 2nd amendment and elect new ones who believe strongly in our individual rights is probably the best approach in the long run and will pay off in a myriad of different ways.
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