The reason why the SKS could (perhaps) be in danger is that
"SKS with detachable magazine" is a banned assault weapon under orig Roberti-Roos law. Changes to CCR 978.20 (actually, this is now renumbered) regulatory definitions which redefine issues surrounding 'detachable magazine' and 'capacity to accept' may or may not affect SKSes.
If this comes into play we may again have interesting
Harrott issues regarding SKSes. "SKS with detachable magazine" is the only Roberti-Roos gun somewhat defined by feature (everything else is make/model or a banned 'series' in Roberti-Roos.)
While
Harrott revolved solely around AR and AK 'series' membership and their having to be specifically listed to be considered banned by name (as opposed by feature configuration), many, many SKSes are really not SKSes and are 'Yugo 59/66' or Type 56 etc. etc. Given the long import history of SKSes, the various 'makes' and 'models', and the frequeint sporterization of these rifles beyond recognition, it could be argued that "SKS" is really a 'series' term also, and that similar
Harrott listing requirements could apply to SKS-like rifles. Thus, "SKS with detachable magazine" might well not apply to non-Russian rifles.
The problem is that while these regulatory definitions will likely be restricted in their scope to applicability to the generic definitions of assault weapon in PC 12276.1, it is not fully clear what 'detachable magazine' definition is used by the Roberti-Roos-banned 'SKS with detachable magazine'.
Contrary to panicky folks in CA, this prospective regulatory redefinition
cannot affect otherwise-legal rifles that
already have detachable magazines and which are not considered California assault weapons. M1As without flash hiders, Mini 14s without flash hiders, SU16s, Remmy 7400s, etc. The statutory law allows semiauto centerfire rifles to have detachable magazines as long as they don't have 'evil features' (flash hider, pistol grip, folding, thumbhole or telescoping stock, forward pistol grip or grenade launcher). The DOJ cannot change this statutory definition.
Aside from the SKS issue, the open issue is that if DOJ manages to change this regulatory definition and get it past OAL (Office of Administrative Law) the side effects (besides SKS) will also be interesting: this means that rifles like fixed-mag ARs will involuntarily transition into assault weapons status since the owners had legally-owned, legally-acquired/built rifles before the DOJ action. This means that the DOJ must open a registration period for these new assault weapons, allowing folks to then remove the fixed magazine
The DOJ may just have dug themselves a nice hole
Bill Wiese
San Jose, CA