7 parts - WASR 10 / SKS Hypothetical

Discussion in 'Legal' started by Tortuga, Mar 10, 2021.

  1. Mauser lover

    Mauser lover Member

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    Agreed.

    Only if you are adding features that would make it a "banned" from importation. Like a pistol grip, or bigger magazine.

    See above note.

    Agree, but irrelevant.

    You *probably* wouldn't get caught just for this, but if you get checked out for something else I could see it getting worse for you.
     
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  2. Rule3

    Rule3 Member

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    I am sure DT Tom will chime in to correct all previous posts

    Without knowing EXACTLY what firearm you may buy it is impossible to say.

    Based on the pictures of the two rifles you posted, they look legal as is and replacing a stock that is US part will not matter. JMHO
    Your State laws may vary

    Heck then you can get into "pre ban" firearms which are OK based on whatever date.
     
  3. DrDeFab

    DrDeFab Member

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    Some points that may be useful - but first, the disclaimers. IANAL, do your own homework, etc. I have, however, assembled from parts kits or modified a number of AK, AKM, FAL and SKS rifles with an eye towards being scrupulous in my compliance.

    0. Some of the posts above contain opinions about legality that are unsupported and incorrect. I won't detail them.

    1. The law is "more than 10" is a violation, not less than 10 is required.
    See 27 CFR § 478.39 It's a one part difference, but in some cases, that's a significant impact in cost and hassle.

    2. What does assembly mean?
    "ATF has advised that “assembly” includes putting together a firearm from unassembled components, adding parts to a complete or partially complete firearm, and removing parts from a completed firearm and adding new parts." See Domestic Assembly of Nonsporting Rifles and Shotguns from Imported Firearms-Avoid Violations of 18 U.S.C. § 922(r) – Ficaretta Legal Services

    So for example, swapping an SKS stock from the original to a TAPCO makes the person who does so responsible for making sure the end result is 18 USC § 922(r) compliant. (...unless the SKS in question is grandfathered under 478.39 (b)(3), of course.)

    3. Is the law complex, ambiguous, and largely pointless?
    In my opinion, yes. Nor is it unusual in that respect when it comes to our legal system. Which is worth absolutely nothing in legal terms.

    4. Are you likely to prosecuted for it?
    Not based on the lack of existing cases, but given BATFE's history, and current trends, is this a battle you potentially wish to fight? I have found that compliance parts are widely available, usually better than the originals, and cheap insurance relative to the price of the firearm and ammunition to run it.
     
    Last edited: Mar 12, 2021
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  4. AlexanderA
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    AlexanderA Member

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    I find it ironic that despite all the talk of "Will Not Comply!" in gun circles, people are so scrupulous about complying with a law that is essentially unenforceable. This leads me to think that when and if a gun ban is enacted, people will be falling all over themselves to comply, and forums like this will be full of advice on how to do so.
     
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  5. DrDeFab

    DrDeFab Member

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    Well, it's the "Legal" section of the forum, not "Civil Disobedience". People are free to make choices on where they draw their lines, but I find it better to make informed ones. :)
     
  6. Ignition Override

    Ignition Override Member

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    AlexanderA: I'm unable to quote any posts from this forum.

    Your comments on Page 1 highlighted that the entire, often vaguely-written 922(r) was created by Lobby Groups to be applied by the BATF for >>importers/manufacturers>>.
    Excellent reminder that it was Never meant for people who simply possess a gun. And no court action has been taken, unless somebody is -- already -- charged with a true felony (bank robbery, human trafficking etc).

    Let's keep in mind that there might be thousands of AR parts, including Aero Precision AR-15 bolt carriers, inside the US. I quickly found these Aero-Precisions on a Chinese supply company website. A molecule in the "drop in the bucket".
    But let's not mention Sig ARs, FN "ARs", Sig 550 series rifles, FALs, semi-auto HK MP5s, VZ-58s......possessed by Americans. And the ATF is worried about the parts count in all of these privately-owned guns...?
    or tens of thousands of ARs built by law-abiding Americans, with unknown numbers of Chinese components.

    922(r) does not require any parts to state "Made in the US", or anything similar. If this is not true, then show us where it appears----
    Worrying about this stuff overlaps with an X-Files' flavor of paranoia.

    We all know that any lack of actions in the past guarantee nothing about the future. Many of us are retired, big boys and girls (and can still brief an LDA approach into JFK Runway 13L etc). Maybe the ATF will lose interest in thousands of stolen guns, homemade select-fire rifles reportedly owned by, just a few... drug gangs, and instead, randomly Hope to Find two wooden components (or metal) in the gun of a law-abiding American, which have no indication of where they were made? And knowing that the parts' origin or even brand isn't required (by 922r) to be stamped......:) Wow.
     
    Last edited: Apr 7, 2021
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  7. AlexanderA
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    AlexanderA Member

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    922(r) was an inevitable corollary to the "assault weapon" import ban. That is, if they wanted to ban the import of complete weapons, they couldn't very well leave a gigantic loophole where the same weapons could be imported as component parts, and assembled here. The implementation, however, wasn't well thought out. As I said, it was mainly intended to apply to importers or manufacturers.
     
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  8. DrDeFab

    DrDeFab Member

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    Setting aside opinions (many of which I share) and estimated probabilities for a moment, here are some things we do know:
    • Whatever the intended target, the statute as written is "It shall be unlawful for any person to assemble from imported parts..." (emphasis mine)
    • The penalties (aside from the general consequences of federal felony conviction) are: "...shall be fined under this title, imprisoned not more than five years, or both"
    • This TracReport: Federal Weapons Prosecutions Rise for Third Consecutive Year (syr.edu) shows four prosecutions with 922(r) as the lead charge from 2008-2017, with two in 2014 and two in 2017. (If someone has a paid membership to TracFed, WestLaw or the like they might be able to get more detail on those.)
     
  9. Neo-Luddite

    Neo-Luddite Member

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    The legal ability to modify a Norinco SKS from stock largely depends on whether it was imported as a non-C&R prior to the 922 rule (about 1990). In fact, SKSs from China are allowed in as C&R rifles even today----but have to be kept original in configuration with ATF making allowances for replacement of parts with similiar-type (even USA made repro) parts and temporary removal of attached bayonets for use. But no-way is it ok to mod them with modern tapco stocks, hi cap mags and so on. But as I understand things, if you have a pre-922 rule Norinko SKS you can do what you like with it within the limits of any law limiting things you can do with any old title 1 firearm you might own. Got it? Clear as mud right?! For similar reasons I can't remove the grenade launching muzzle brakes from my two C&R Yugo SKSs. Fun stuff these rules.
     
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