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BTW I contacted the ATF. And removing items from a C&R such as a Yugo 59/66 is ok I guess. That sort of settles the all-or-nothing thing I think. Wonder if they'll flip-flop again. They also said there is no operating rod on an SKS.
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"Thank you for visiting ATF's Website. I apologize for the delay in responding,
but our FTB was backlogged with inquiries.
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:
"Modifications to Imported SKS and AK Type Rifles
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.
(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) 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 adding features.
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.
You can remove the Night Sights, Grenade Launcher, Grenade Launcher
Sight, Bayonet, and Bayonet lug without repercussion as removal of items has no
bearing under Federal law."
Your proposal makes the following changes:
(1) Frames, receivers, receiver
castings, forgings, or castings.
(2) Barrels.
(3) Barrel extensions. None on SKS
(4) Mounting blocks (trunnions). None on SKS
(5) Muzzle attachments. Removed
(6) Bolts.
(7) Bolt carriers.
(8) Operating rods. None on SKS
(9) Gas pistons. Replaced with US part
(10) Trigger housings.
(11) Triggers.
(12) Hammers.
(13) Sears.
(14) Disconnectors.
(15) Buttstocks. Replaced with US part
(16) Pistol grips. None on SKS
(17) Forearms, handguards. Replaced with US part
(18) Magazine bodies. Replaced with US part
(19) Followers. Replaced with US part
(20) Floor plates. Replaced with US part
The resulting firearm would have items 1, 2, 6, 7, 10, 11, 12, 13, and 14
Since the proposed rifle would only have 9 imported parts, the modifications
would be legal under Federal law."
If you have any further questions, please call them on 304-260-1700. Regards,
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