"AK-47 type" legality and the CZ Vz. 58?

[Kaynbred]

The CZ Vz. 58 is a rifle which is similar to the AK-47 only through their shared 7.62x39mm caliber and aesthetics. It functions entirely differently and has no interchangeable parts with the AK-47, including the magazine.

My state (Connecticut) has its own state-level assault weapons ban. In it is the following:

Sec. 53-202a. Assault weapons: Definition. (a) . . . inclusive, "assault weapon" means:

(1) . . . any of the following specified semiautomatic firearms: . . . Avtomat Kalashnikov AK-47 type . . .

According to what I have read, to be an "AK-47 type", the firearm must be aesthetically similar to an AK-47, operate similarly, and have interchangeable parts. From a perfunctory search of Google, I have seen multiple people claim that because the CZ Vz. 58 does not meet these three requirements, it is not an "AK-47 type" and it is thus legal for sale in Connecticut. Does anyone have any information on this?

 

[nalioth]

It's not an AK type at all.

Enjoy your Vz58

 

[Prince Yamato]

It's not an AK-47 type. Just make sure you get one with a fixed stock so that it conforms to the other stupid part of the CT AWB.

 

[Kaynbred]

How exciting.

I suppose that if a PTR-91 (Almost an exact clone of an HK-91) is allowed, then a Vz. 58 would be. Thank you.

 

[armoredman]

The SA vZ-58 has two things in common with the AKM clones in the US - caliber, and seen-at-a-distance appearance. Everything else is different. My vZ-58 is awesome.

 

[N003k]

I can promise you it's perfectly legal as long as it doesn't meet the parts clause of the AWB, just keep the stock fixed, the barrel unthreaded or any threading covered with a pinned piece, grenade launchers off, and don't go putting a bayonet lug on....

And you're fine!

 

[beatcop]

There's a policy letter out on this...

http://www.ct.gov/dps/cwp/view.asp?Q=294512&a=2158&dpsNav=|

Call the SFLU if you have a question regarding the interpretation of this statute.

AK "type" in 7.62x39= nogo
AK "type" in other calibers= ok

Other clones are generally ok. If it's on the shelf, it's usually fine....call if there's a doubt.

 

[scotthsi]

I live in CT. Any AK "looking" rifle in 7.62x39, which only has one "evil" feature (post ban), is perfectly legal as long as AK-47 parts can NOT be installed AND the rifle function correctly. So, the OPs AK "looking" rifle is okay because it isn't a "type" as defined by the SFLU.

My AK-74 is okay because, even though it looks and operates exactly like a 47, it's chambered in 5.45.

On ALL post ban semi-auto rifles capable of accepting a detachable magazine, you can only have ONE "evil feature". The pistol grip counts, so no collapsible/folding stocks, grenade launchers, bayonet lugs, etc. So, my Ruger 10/22 can easily become an "assault rifle" in CT, but my SKS can have any and every "evil" feature because it doesn't use a detachable magazine. OR, I can have an SKS that takes detachable AK magazines in 7.62 with the SAME firepower as an AK-47 and that's perfectly legal because it isn't banned by name. Only in CT.

 

[beatcop]

The final answer....

Look in the gunshops...NO AK's for sale in 7.62x39
No Siaga's, MAK 90's, SLR 95's, etc.
There are provisions for pre-ban owners, but NO new sales.
That's my understanding.

I saw a VZ on the rack yesterday. Presumably it has been declared to be not "AK-47 type".

 

[N003k]

Er....actually I'm 99% sure preban ones that are already legally owned within the state CAN be sold again...I know I've seen pre-ban AR's for sale around time to time, so I imagine it's no different for AK-47's...

Being on the shelf=/=can be bought brand new in CT.

Just means theres one on the shelf!

 

[nalioth]

Er....actually I'm 99% sure preban ones that are already legally owned within the state CAN be sold again...I know I've seen pre-ban AR's for sale around time to time, so I imagine it's no different for AK-47's...

Being on the shelf=/=can be bought brand new in CT.

Just means theres one on the shelf!

Er....actually we're discussing a rifle that didn't arrive in the country until 14 years after the "ban", so if it's on the shelf, I'd go with "legal for purchase".

 

[N003k]

I'm referring to Beatcops response, unless you believe that on the shelf = 100% legal to own in CT?

We have an AWB, pre-ban's can still be sold. Post bans CAN'T. So going by 'If you see it on a gunshop shelf for sale, it's legal!' is a fairly bad method...While that specific rifle MAY be...all rifles of that type WON'T be.

You'll also notice I already SAID that in this case the rifle, assuming its not one with 2 or more evil features IS legal in CT.

 

[Prince Yamato]

We have an AWB, pre-ban's can still be sold.

Wait, so clarify this for me. It is possible to own an AK in 7.62x39 in CT if it is pre-ban? Does that mean the gun has to be pre-1994? As in, if I bought a Polytech Legend here in TX and then moved to CT, I could bring the AK as it is pre-1994?

 

[N003k]

No, it has to be pre CT ban, and registered as such as far as I understand the law and have heard.

I'd be happy to be corrected, but the way I've read the laws...Here

Specifically Sec 53-202B, C, and D.

I haven't read all of the exceptions to the whole no sale/transfer bit yet, so not sure where the exceptions are, just know I've seen pre-bans for sale.

 

[beatcop]

I give......call SFLU and set us all straight!

My understanding: The OP is looking for a new purchase. If he did have a desire to get an AK type (in 7.62x39), he would be out of luck. The law calls out specific guns by model and guns with hiders, lugs, etc.

There was a court case iirc that claimed the "AK-47 type" label was unconstituitionally vague. For a while they could be sold again, but then SFLU came out with some policy letter reinstating the ban on "AK-47 type" in 7.62x39. My understanding is that it doesn't matter if it's preban or not...if it was an AK type, it had to be registered back in '93. I have spoken to a few dealers and they have said that they cannot sell an AK-47 type in 7.62x39....no MAK's, Maadi's, SLR's, or Siaga's.

Other calibers are OK, that's why they have Wasr's in .223, Siaga's in .308, etc.

The kicker is that other clones are ok. For instance "Colt AR-15 and Sporter" = banned...no sales. Stag, Bushy, Armalite are ok. They were not called out in the law as "AR-15 Type".

I've heard that preban clones with evil features are ok, but I haven't studied up on this.

Call SFLU for a copy of the policy letter.

As far as "if it's in the gunshop, it's legal", I'm not calling it doctrine, I'm just saying that reputable dealers want to keep their FFL intact, they call SFLU for a NICS number with every sale, and the 4473's go to the state.

 

[scotthsi]

I know I've seen pre-ban AR's for sale around time to time, so I imagine it's no different for AK-47's...

Pre-ban AKs in 7.62 are NOT legal to be sold, transferred, etc in the state of CT because they (TYPE) are specifically NAMED in the still active AWB. You can't even move to CT with one. If you do, it must be sold to a dealer who will sell it out of state, surrendered to the state police or destroyed/rendered permanently inoperable. Keep it and you risk felony charges.

ARs are different because only certain types of AR models (Colt Sporter, for example) are named. Those can't be sold, even pre-ban, either. Only ARs that aren't listed by name in the AWB, both post and pre-ban. The only thing pre-ban gets you is not having to comply with the one "evil feature" limit with a semi-auto rifle using detachable magazines. So, with a pre-ban, you can have a flash hider, collapsible stock, pistol grip (obviously), bayonet lug, etc.

 

[N003k]

You know Scott, I'd love to say that sounds too stupid to be true...but...I just wouldn't put it past politicians for it to BE true...

Going to spend this weekend reading the laws on it I think, find out what exactly is what, and exactly what CAN be sold.

 

[scotthsi]

It's all true as you'll find out. The scary thing about the AK-47 "type" definition is it isn't even actual LAW. It's simply the SFLU definition of what "type" means. They could change it at any time and my AK-74, bought at a Waterbury gun show, could become illegal overnight...and they know about it because of the registration paperwork. I have NEVER seen the three things that define the AK-47 "type" written in anything official. The closest thing I have is an email from SGT Bastura, who was the XO of the SFLU (and may still be) at the time I bought my 74 and freaked because I was new to CT and was unsure of what "type" meant. The AK-74 is pretty much exactly the same in almost every way to the 47, except for caliber and the obvious muzzle break. Visually, the way it operates and functions internally, etc.