Compliance

[PureRockFury]

I'm just curious as to what you can and can't do legally to an SKS and/or a Saiga 7.62x39.

Can you add a high capacity magazine legally without having to change anything? If not, what do you need to change to keep it legal?

Thanks!

[knight0334]

If you disassemble the firearm to add or replace a part - when you reassemble it, it cannot have more than 10 foreign made parts. The definition of a "part" is only limited to 20 some-odd parts - generally not counting most pins and screws. And a SKS or AK variant doesn't have all 20 odd parts.

If you dont disassemble the firearm - but just attach a hi-cap mag to it, then you're ok. If I remember correctly, the SKS would require disassembly to change out the fixed mag to a detachable or to a higher capacity fixed.

The AK variant only requires you to change mags.

There is NO limit on capacity in firearms in PA.

The compliance SKS parts are limited. I personally would leave it as is.

That Saiga wouldn't be a problem even if you took it apart. You can get gas pistons, stocks, grips, forearms grips, triggers, hammers, disconnectors, mag bodies, followers, floor plates and new receivers that are USA made parts to keep you in compliance with 922(r)

Dear LESchwartz:

This is in response to your letter of March 6, 2007, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you ask the following questions:

1. Which of the imported parts listed in “section 478.39(c)” are present in Chinese SKS rifles?
2. Which part does ATF consider to be the disconnector in Chinese SKS rifles?

As background, the amended Gun Control Act of 1968 (GCA), 18 U.S.C. Section 922(r), states the following:

It shall be unlawful for airy 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 except that this subsection shall not apply to —

(1) the assembly of any 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 any such rifle or shotgun for the purposes of testing or experimentation authorized by the... [U.S. Attorney General]

Also, 27 C.F.R. Section 478.39 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 purposes.

(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.



Therefore, it is a violation of 18 U.S.C. § 922(r) to assemble such a rifle or shotgun from more than 10 of the imported parts specified in 27 CFR § 478.39. However, assembly of certain semiautomatic rifles or shotguns using 10 or fewer of these imported parts is not prohibited under this section. With respect to your inquiry regarding Chinese-made SKS carbines, please note that because this firearm was manufactured in China, all the parts used to assemble the rifle are considered imported per 922(r).

Further, please note that a Chinese-made SKS carbine, in its original military configuration, consists of the following parts derived from the list presented above:

1. Receiver.
2. Barrel.
3. Muzzle attachment.
4. Bolt.
5. Bolt carrier.
6. Gas piston.
7. Trigger housing.
8. Trigger.
9. Hammer.
10. Sear.
11. Disconnector.
12. Buttstock.
13. Forearm/handguard.
14. Magazine body.
15. Follower.

However, a Chinese-made SKS carbine, in its original military configuration, does not contain the following parts:

1. Barrel extension.
2. Mounting block (trunnion).
3. Operating rod.
4. Pistol grip.
5. Floorplate.

With respect to your question regarding whether the part located in the sight assembly is an operating rod or a piston extension, FTB does not consider this part to be an operating rod. Additionally, concerning the classification of the part that aligns the trigger bar with the sear, we consider this part to be a disconnector for 922(r) purposes.

We trust the foregoing has been responsive to your request.

Sincerely yours,

Richard Vasquez
Acting Chief, Firearms Technology Branch

[Willie D]

For a Saiga you can get the appropriate parts count by replacing 4 listed parts with US made ones. I did hammer, sear, disconnector and stock (added us pistol grip too). Would need to subtract one more part to add foreign muzzle break.


Can't remember how many parts need replacing on an SKS but the easiest to do would be stock, handguard, mag body, follower and gas piston.

I bought a Tapco T6 stock for my Yugo but then decided I liked it better in original form.