I was next to a kid Saturday at the range who had a SKS he had tricked out. I was sure it wouldn't pass the 922 test but who am I to tell this guy? Some people get touchy. I was torn between telling him or just assuming no LEOs would never check.gunrun45 said:Depends on what state you live in and wether the mag is US made or import. Either way be ready to play the 10 parts game with the 922r laws.
No, round count doesn't matter anymore since the AWB sunset, and if you're using one of those 20 round fixed mags, the AWB never applied to those, anyway. Exchanging one fixed mag for another has no effect on the 922r laws.Drakejake said:Using a detachable mag or, for example, a 20 round internal mag would be a violation unless you Americanized the rifle by replacing the right parts.
But in order to be an assault rifle it must have a detachable mag. The 20 round fixed mags apply to thisDrakejake said:Blenderwizard, I am sure you are wrong, at least by implication. There are several federal firearms laws. At least one of them prohibits replacing the original 10 round internal mag on the SKS because doing so turns it into a dreaded assault rifle. See Survivor's SKS Forum for details. To get around this prohibition, you have to replace certain foreign-made parts with American-made ones, which is not really practical with this inexpensive firearm. Better to buy an AK and be done with it.
Drakejake
Alright, last post on that page be LESchwartz on your link to that site says:Drakejake said:From Survivor's SKS FAQ:
"Is a 20-round fixed magazine prohibited?
It has always been assumed that any size fixed magazine was acceptable to ATF. However, ATF has recently taken to saying that "SKS rifles capable of accepting 'large capacity ammunition feeding devices' are prohibited from importation." Therefore, modifying an SKS to use fixed high-capacity magazine is currently also a violation of 922(r).
For more information, check out the discussion on the legality of fixed high-capacity magazines on the Survivor's SKS Boards web site.
Warning: It is unclear exactly when these restrictions on High-capacity Fixed magazines came into effect. This FAQ will assume that since 1998 it is a 922(r) violation to modify an imported SKS Carbine to use one."
Drakejake
LESchwartz wrote Survivor's FAQ, the ATF wrote LESchwartz that letter. Which one is gonna arrest you?You should also be aware that the GCA, per 18 U.S.C. Section 922(v), prohibits the manufacture, transfer, and possession of SAWs as that term is defined in the above-noted Section 921(a)(30).
However, Section 922 (v)(2) excludes SAWs that were lawfully possessed under Federal law as of September 13, 1994. Therefore, any weapon that was configured as a SAW after September 13, 1994, or any SAW that was imported after date is prohibited, regardless of its original date of manufacture.
With respect to classifications, an SKS rifle with a fixed magazine is not a SAW; however, an SKS with a detachable magazine and two or more of the following features is a SAW is defined in 921(a)(30)(B):
(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.
No, according to the letter LESchwartz put up from the atf, "an SKS rifle with a fixed magazine is not a SAW." Fixed magazine, no capacity specified. An SKS with a fixed mag is legal.Drakejake said:So you are conceding that replacing the original 10 round internal SKS magazine with an internal 20 round mag is apparently illegal under federal law as currently interpreted by ATF? That is good enough for me. The original question in this thread was whether it was legal to go beyond 10 rounds with an SKS. For the present I will not argue with you on whether installing a 20 round internal mag would transform the SKS into an "assault rifle" under federal law.
Drakejake
And the 1994 AWB expired last yearDrakejake said:Topic for discussion:
Is it legal under interpretations of federal gun laws to replace the 10 round internal magazine of the SKS with a 20 round internal magazine?
Hypotheses to be investigated:
The importation of rifles with "large capacity ammunition feeding device(s)" was banned in the U.S. in 1994. A magazine-detachable or non-detachable--holding more than 10 rounds is such a forbidden device. An imported rifle may not be modified in such a way that it could not have been legally imported in the first place. Ergo, adding a 20 round internal mag to the SKS is illegal.
Drakejake
Right, but the last thing you referred to was the 1994 ban. You talk in circles; I am done with this.Drakejake said:I think that at least some rules relating to imported rifles are not affected by AWB expiration. For example, you cannot legally import AK's, FALs, Cetmes, etc., unless the receiver is replaced. You cannot legally use detachable mags with SKS rifles imported with 10 round internal mags, etc. There are several laws and regulations involved in this, right? If the expiration of the AWB ended all regulation of imported rifles, the market in firearms would be far different than it is.
Drakejake
A Yugo M59/66A1 with the detach mag is a sawWith respect to classifications, an SKS rifle with a fixed magazine is not a SAW; however, an SKS with a detachable magazine and two or more of the following features is a SAW is defined in 921(a)(30)(B):
(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