malfunctioning sks = machine gun?

[geronimotwo]

hi, i live in upstate ny, and was asking an aquantence if he knew of an sks for sale. he told me he had one, but that it was malfunctioning, and would empty the clip when the trigger was pulled. i would plan on fixing it, but is the private sale/purchase of such a gun banned? also, are there any ideas about what may be needed to fix such a gun?

 

[ksnecktieman]

Might I suggest that you work out the purchase price. With the condition that it can be fixed. Then go to his house and check it out while he owns it? I would not be surprised if it was cosmoline in the firing pin channel. Did he say how long he has had it? Did it ever work properly for him? Was he the original purchaser? Does he have the competence and concern to take it apart, and clean it completely and properly?

 

[geronimotwo]

the story is that he bought 10 sks's pre-ban to make money post-ban. he had sold this one for $300. the guy brought it back, saying it was bump-firing. my aquantence gave him his money back and has had it since. he will sell it to me for what he paid pre-ban. $75.

 

[ID_shooting]

Yup, common SKS thing. Remove the dust cover and the bolt. Ensure that the disconnect is catching the hammer. If so strip the bolt down, remove the fireing pin, clean the channel extreemly well and ensure the pin isn't installed backwards. The pin should just rattle inside the bolt. If it sticks, it will slam fire. There is a fireing pin upgrade available, do a search here on THR and you should find it easilly enough.

If the pin seems OK but the hammer isn't being stopped, a 20 dollar trigger assembly should take care of it. Iether way, 75 bones is a very good price for the rifle.

To answer the thread title, no, it is cnot classified as a MG per the NFA if it is not modified and is simply malfunctioning.

 

[makarova]

ID your confidence in the competence and fairness in the BATFE is downright touching.

They have a history of going after lawabiding gunowners for exactly this kind of thing. Once they file federal charges against you for illegal possession of an illegal machine gun, your options are roll over and go for a plea bargain that inevitably means you forever lose your right to own fire arms or start shelling out large bills with no guarantee of winning. Bad idea. GOA has good info on these cases. Thats why I'm a member.

 

[whm1974]

the story is that he bought 10 sks's pre-ban to make money post-ban. he had sold this one for $300. the guy brought it back, saying it was bump-firing. my aquantence gave him his money back and has had it since. he will sell it to me for what he paid pre-ban. $75.

Are you refering to '89 import laws or the '94 AWB?

Most SKS's fall under the C&R, and on top of that most SKS didn't have the two or more evil features banned under the '94 AWB.

Mysself I would have him FIX the malfuntion before I even put a down payment on it. And check to see if it was an impropy cleaned bolt causing it. He or the guy who brought the first time could have tinkered with it and just trying to get rid of it.

-Bill

 

[ID_shooting]

They have a history of going after lawabiding gunowners for exactly this kind of thing.

Care to cite any cases of somone being charged for having a malfunctioning semi-auto that they were trying to get fixed?

I can see if you left it that way for the "fun" of it, but do not belive it if you had a genuine broken rifle and INTENDED to correct it.

 

[lamazza]

ID Shooting
Try this http://www.mail-archive.com/[email protected]/msg00793.html
and with a further search there many many more

 

[ID_shooting]

All that shows is some pro-gun person reviewed a video. What are the case names? What is the disposition? How did the ATF get the rifle in the first place?

 

[lamazza]

This might be a better article
http://www.jpfo.org/alert20050124.htm

 

[ID_shooting]

The second link still isn't on target for this thread, but I will drop it and let him have his thread back.

 

[thexrayboy]

I would tend to agree with lamazza on this subject. The BATF can declare it an illegaly modified gun on the basis of it simply firing in a mode that could be mistaken for full auto. Then the burden of proof would fall on the citizen to prove it was not full auto and he did not violate the NFA. Unless said citizen has deep pockets he will not be able to even fight the charge. Winning in court is even less likely.

Is the above scenario legal. No. Is it right. No. Can it happen. You betcha.

Government agencies have shown repeatedly that they have no qualms about stepping outside the law and ignoring their own rules and regs in order
to jail a citizen. A cursory search via google will show numerous instances where the BATF as with other fed alphabet agencies prosecute citizens based on agenda, not factual evidence.

 

[lighthunter]

If you don't wont it for 75.00 tell him to get in touch with me. At that price
I will take it as is.

 

[Green Lantern]

Speaking of .gov thug...er, "officials" unjustly taking down citizens:

That slimeball down in Durham, Mike Nifong, comes to mind: http://www.foxnews.com/story/0,2933,240218,00.html
http://www.foxnews.com/story/0,2933,239664,00.html

IF he had a solid case, d'you think he'd need to risk his career by trying to hang his victims in the "court of public opinion" in order to make him look good? And I think it worked, IIRC, he won a re-election in the middle of all this.

It looks like justice may be finally be served, and he'll hopefully get what's coming to him. But the guys he went after have already gone through hell for his vendetta, and will always have the "taint" of being accused rapists follow them.

So, to the OP I would strongly reccomend that you tell the seller to get it "fixed"* FIRST, and THEN you'll talk turkey!

*-And I tend to agree it's probably just a dirty firing pin channel.