Confusion on imported assault rifle

[epijunkie67]

Not sure if I should post this question here or the rifle forum but thought I'd start here. I have been looking for a rifle in 7.62X39 I can put a folding stock on and had strongly considered the SKS or an AK of some kind. I've read that in order to be legal you have to replace several parts on an SKS with american parts if you a folding stock. Otherwise you are "assembling" a rifle that would be illegal to import.

My understanding was the rifle had to have 10 or fewer imported parts and the total number of american parts wasn't important. So I could add just a few american parts and be good. Today I was at the gun store and was looking at a wooden stocked WASR and discussed a folding stock option. The guy I talked too, who usually knows his guns, said the number of imported parts didn't matter as long as the weapon had at least 5 american parts.

So which is it? 10 or fewer imported parts or at least 5 american parts?

 

[arcticap]

I don't know although I'm sure somebody else does. My son tells me that even the BATF has been known to give erroneous information to the public as all public employees are prone to do from time to time. Even the info. you get here is suspect. When I wanted to put a pistol grip stock on an M1 Carbine and kept getting conflicting answers, I ended up calling the State Police Firearms Control Unit and talking to the knowledgeable officer there. Since they are often the ones enforcing the laws throughout the state, they usually have some degree of helpful knowledge. You can always try the Feds as well, but even that information should be verified somehow, if you think it matters.

 

[jefnvk]

10 or fewer imported parts. Maybe its fewer than 10, I can't remember if it is incluive or not.

 

[Hkmp5sd]

The way it works is the firearm can have a maximum of 10 imported parts. ATF then provides a list of the possible parts the firearm can have:

(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (trunions)
(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) Floorplates

You then determine how many of the parts listed are used in your firearm. It may be 20, 18 or even 14. You must then change enough parts to get the imported parts down to 10. So if your gun has 14 parts, you need only change 4 parts to be legal. If it has 18 listed parts, you have to change 8 parts.

 

[Zak Smith]

Answered in detail here:
http://www.arizonaresponsesystems.com/smith/fal/page922.htm

18 USC Chapter 44 as amended by Public Law 101-647 (enacted 11-29-90) and 27 CFR part 178 as amended 06-25-93.

§ 178.39 Assembly of semiautomatic rifles or shotguns.

(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.

(c) For purposes of this section, the term "imported parts" are:

(1) Frames, receivers, receiver castings, forging or stampings
(2) Barrels
(3) Barrel extensions
(4) Mounting blocks (turnings)
(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) (Magazine) Followers
(20) (Magazine) Floorplates

You need to find the reference to which of those parts exist and correspond to what actual parts on the SKS.

 

[epijunkie67]

Thanks guys. I thought thats how it works. I wonder what the *&^%^ he was talking about then? Maybe you only have to switch out 5 parts on the WASR10, though I'm not familiar enough with them to know.

 

[c_yeager]

Its a pretty common mistake. With a standard fixed stock AK one needs to swap out 5 parts in order to be compliant. This brings the total foreign parts count down to 10. After this information passes through enough people it is easy to see how it would turn into a rifle needing 5 American parts regardless.

 

[Tomac]

Std stamped receiver AK needs 5 US parts, 6 if it has a muzzle attachement. Milled receiver AK needs 4 US parts, 5 if it has a muzzle attachement. Easiest route is to replace the fcg (hammer, trigger, disconnector) for 3, the pistol grip for 1 and then either the handguards for 1 or the gas piston for 1. This leaves you free to use any US or foreign-made folding stock you wish (I'm partial to the Romanian AK folding stock myself...)
Tomac

 

[femoralis]

A hicap wasr should have all the american made parts on it already.

 

[The Real Hawkeye]

What is the purpose of this law? Does having a higher percentage of American made parts make a rifle less likely to be used in a crime? How do we tolerate such laws in a free country? Can you imagine being convicted by a jury of your peers because instead of an American made pistol grip, you had a Bulgarian made one? Or has the Federal Government suspended the trial by jury for this crime the same way it did with tax violation proceedings?

 

[Randy in Arizona]

Anyone know if the Centerfire Yugo AK Replacement Parts Kits have the original FCG parts or Semi-auto FCG parts?

Centerfire AK Kits

 

[Hkmp5sd]

What is the purpose of this law?

Actually it's somewhat humorous. The politicians decided to halt the importation of firearms they deemed were not "sporting" firearms. A little clause that was introduced in the '68 Gun Control Act, but ignored in some respects. Things had gotten out of hand and those gun fanatics were importing semi-automatic Uzis, Aks, Hks and a host of other really wicked firearms that had no reason to exist except the mass murder of American citizens. So they revised their criteria and decided these guns were no longer "sporting" and halted all incoming shipments.

The manufacturers and importers merely stopped shipping guns and began shipping parts, assembling the gun once everything was in the country.

The politicians couldn't let something like this continue. It was bypassing their very important legislation and letting very bad weapons sneak into the US via a loophole. They created yet another little clause, prohibiting the assembly from imported parts a firearm that was not legal for importation. They had closed that loophole with cement, so they thought.

The manufacturers and importers got to thinking and yelled to hold the door. They realized that many products that were "Made in America" were actually assembled from parts that were both home made and imported. Thanks to the assembly line and mass production, everything from cars, radios, computers to clothing was actually components made from around the world and assembled in the US.

So the manufacturers turned to the ATF and asked what's up. Even good old American made firearms were actually made with some imported parts. Where was the line between a domestic firearm and an imported firearm when made from a combination of parts?

ATF, in their infinite wisdom, said that anything that contained more than 50% US parts was domestic and anything with more than 50% imported parts was imported.

Well, that wouldn't work too well so the manufacturers asked for specific clarification. ATF, after removing their shoes and socks for a little assistance, decided that guns were comprised of up to 20 different components. They deemed that as long as you don't have more than 10 imported parts, that firearm would be considered "Made in the USA."

Loophole restored to service.