C&R question as concerns the SKS

[Greatguns]

Is a paratrooper with /26\ arsenal code and appropriate SN year date still C&R eligible or was it ruled in-eligible because it was modified into a commercial unit prior to import?

[Boris Badinov]

C&R requires the firearm to be unmodified and in it's original configuration. Doesn't have to be serial matching, but it has to be in original configuration.

The shortened barrel disqualifies it for C&R as it is a modification.

[Phosphorus32]

^ this

42cm vs. 52cm barrel is a definite disqualifying modification.

[Greatguns]

Okay, that is what I thought and that is what I pretty much told the guy. Just wanted to double check on it.

[Dedeagach]

I didn't think the commercial ones like the ranchers friend etc were "approved" at any rate one can check the C&R list online.

[Phosphorus32]

I didn't think the commercial ones like the ranchers friend etc were "approved" at any rate one can check the C&R list online.

You’re correct about the commercial ones. There are no Chinese SKS variants on the C&R list. The only Chinese Type 56s that are C&R eligible are those that are at least 50 years old.

The fact that there are so many variants produced by the Chinese for commercial sales is probably the main reason the Type 56 isn’t on the lists.

[running-man]

I didn't think the commercial ones like the ranchers friend etc were "approved" at any rate one can check the C&R list online.

The list is a a convenient place to see what typically qualifies or doesn't but the specific BATF set of 3 qualifiers is truly the standard they have to meet.  Indeed the BATF constantly reminds us that "Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF's C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age."

To be recognized as C&R items, firearms must fall within one of the following categories:

• Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
• Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
• Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

Note that this list has a corollary that *always* applies:

ATF has recognized only complete, assembled firearms as curios or relics. ATF’s classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics are not generally recognized as curios or relics.

#1 is fairly self explanatory and is the metric that all the current Chinese type 56 C&Rs are currently categorized.  As of today, if a Chinese Type 56 was built before September 14, 1972 and is in it's "original military configuration", it is C&R.

Any firearm modified or created from an original military issue Chinese type 56 (a surplus military firearm) will *never* be C&R according to the current rules as written irregardless of age, unless someone sends the gun in for a BATF determination and they add it to the list based on an interpretation under #2 or #3.  It's sad, would be neat to have C&R Farmer's Friends in 2043, but it's not meant to be.  Now for an SKS built newly in 1993 such as an SKS 93, we might argue that should be eligible as it never was a surplus military firearm, but it would likely take a formal BATF determination for people to feel comfortable about it.

[firstchoice]

I didn't think the commercial ones like the ranchers friend etc were "approved" at any rate one can check the C&R list online.

The list is a a convenient place to see what typically qualifies or doesn't but the specific BATF set of 3 qualifiers is truly the standard they have to meet.  Indeed the BATF constantly reminds us that "Firearms automatically attain C&R status when they are 50 years old. Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm. It is not necessary for such firearms to be listed in ATF's C&R list. Therefore, ATF does not generally list firearms in the C&R publication by virtue of their age."

This is my question here. "Any firearm that is at least 50 years old, and in it's original configuration, would qualify as a C&R firearm."  The manufacturers of the Commercial Chinese firearms determined the "original configuration" of their creations when they mass produced them. Even if they are not "Military original configuration", they are mass produced and sold as a firearm. If they become 50 years old, why would they NOT be eligible when ANY other firearm made is eligible after 50 years?

I can see the argument against the one-offs and mom-and-pop operations. But against catalogued and mass-produced models, I'm not seeing it.  The SKS-30 uses new, never issued-to-the-military receivers to build their models.

I'm sure I'm missing something here but I am willing to learn. School me!   

firstchoice

[running-man]

No you’re right Craig. Something like an SKS-30 with a newly built receiver would have a great chance of being classified C&R in the future. Whether that’s automatic or would need a BATF determination is up for debate, but the possibility is certainly there.

With something like a Navy Arms Assault Carbine (Type 84) however, that firearm started out life as a Chinese type 56, was irretrievably modified, and retains its original markings. That carbine would never be able to be a C&R in my opinion.

Two guns, similar ages, somewhat similarly configured, yet one possibly a C&R in 2042 and the other not. The rules are the rules, even when they don’t make sense. 

[echo1]

Did you get after that Para Alan? PAX