SKS Carbines > 922r Compliance

Hypothetical build

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Justin Hell:
My first Chinese SKS came in a Combat Exchange folder, with a wood hand guard and a 30 round USA mag. The spike bayonet was either in the box or attached, I cannot remember but it did come with it....as did the original mag.

I have had it for well over fifteen years, and in that time the stock broke, as did the hand guard.  It has been bubba's project platform ever since...did a mod to the bayonet groove to accept a blade or a spike for another incarnation that had plenty of USA parts to make 922r a non issue.

If I were to install a Yugo stock, the Yugo blade, a cheese grater, and the USA mag would this trigger 922r as it is as close to original military configuration as can be with parts imported from two different countries and the three parts of the mag that count being USA made?

  I could and may reinstall the factory mag if that makes a difference.  From what I understand of the law (and who REALLY understands it?)  replacement of broken parts should not be an issue, and the 'evil features' have been a non issue since the expiration of the AWB correct? 

I have read and reread things posted online regarding it, and it is thoroughly confusing.

I like to think that since it wouldn't be a folder anymore...thats one less questionable thing, the blade is a safer bayonet than a spike with regard to damage done, the only thing that seems potentially eyebrow raising would be the detachable mag.   

Does the fact that all Yugos are considered C&R regardless of age make any difference when using Yugo parts to replace Chinese parts?

Considering that over the last couple of years tons of SKS's have been imported with bayonets attached using a mish mash of Russian, Chinese and Albanian replacement stocks, this build seems to be importable, the mag is the main issue from what I can tell.

Adam7:
I just skimmed your post, but let me say this... If it was my sks, I wouldn't loose sleep over 922r.  Ever.  I know some people like to get bent out of shape on this issue but I have yet to see any hard evidence.. Ever.. That it has been a chargeable offense.  but that's just me and some might disagree.  Just throwing that out there.

Worm:
While I have no good reason to avoid 922r, it's unconstitutional.

Justin Hell:
After being suspended at some other place over getting pissy with an admin over comments made about a home made hand guard, I am just watching out for all of us here....testing the waters so to speak.  I think the law is silly, and unenforceable at best.  I was gonna post photos of how awesome this hypothetical build is...but deleted the post before showing it...I don't want to cause any trouble or ruffle any feathers.

Thanks guys...

running-man:
It's no trouble, it's a valid question.  Unfortunately, each and every 922(r) case is usually something that needs a determination by ATF because they often choose to selectively enforce laws.  I agree with Adam above, 922(r) isn't something they go after you for, it's something they add on when they find an illegally modified weapon at a drug bust, or when busting a cockfighting ring. 

Here's my personal interpretation of 922(r) in your situation, take it with a grain of salt:

922(r) basically says you can't manufacture, from imported parts, any weapon which you couldn't otherwise legally import.  Current law states that it is illegal to import any semi-auto, non-sporting (i.e. military surplus) firearm that is not a C&R.  The recent Sino-banians got in because, and only because, they got a C&R classification.  When you modify these types of firearms, you can lose C&R status, basically invoking 922(r). 

Things you can change w/o invalidating the C&R status:

* Swapping to another wooden stock of the same type (i.e. not a thumbhole or Monte Carlo)
* Replacing a damaged or mismatching serialized part with a replacement part identical in form & function. (10 round box mag with another 10 round box mag)
* Adding a spring loaded firing pin.
* Putting on or taking off the bayonet to shoot, store, etc.
* Adding a scope, using different sights, slings, etc. (The way I understand it, these are temporary shooting aids that can be easily removed)
The things that alter the original military configuration & cause the firearm to not be considered a C&R:

* Adding a composite stock, or a wooden stock in a thumbhole or Monte Carlo configuration.
* Adding a composite or metal handguard.
* Adding a detachable magazine.
* Cutting the barrel down to 16.5".
* Permanently modifyting the bolt carrier for LH operation.
In your case the cheese grater and detachable mag would revoke C&R status (assuming it had C&R status to begin with) and invoke 922(r) and you'd have to swap out two additional parts (assuming the mag and hand guard are US made) to be 'legal'

So what happens if you have a late Chinese that is not a C&R?  That's a darned good question.  Since 922(r) only covered the assembly, one assumes that since the gun is already imported into the US, it's legal in the condition you received it.  If you begin to upgrade it in any way, I think they could argue that's a new 'assembly' of it and 922(r) would apply to even simple parts upgrades.

It's a confusing minefield.  They like it that way, as confusing as possible means that they can drop the hammer for seemingly insignificant things whenever they want to. 

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