I have a Paratrooper SKS modified in China for export. The receiver is an arsenal /26\, 12th year, 1967, Type 56. In standard OEM configuration as imported (restored) would it be C&R eligible based on the fact it is a /26\ and more than 50 years old (receiver anyway) or does being a 'Paratrooper' disqualify it?
Must be in original configuration to qualifty.
"Any firearm that is at least 50 years old, and in its original configuration, would qualify as a C&R firearm."
https://www.atf.gov/firearms/curios-relics
I understand that general aspect of C&R qualification, but I am asking in reference to the 'Paratrooper' modification. Even though the receiver/action was originally built in 1967, I am referencing the fact that while still in it's original configuration, it was modified in China in the '80s and then exported to the US. Does the modification negate the eligibility for C&R status?
So, to ask it a different way, when it says original configuration it means it still has to have a 20" barrel on it and cutting the barrel down to 16" nullifies the C&R status? That is kind of what I was thinking, but never having had a C&R license I am a little lacking in some of the ambiguity on this. I know some guys who have blatantly sold and shipped bubba'd rifles to C&R holders because it was older than 50 years. The fact that the paratrooper has the appearance of an OEM configuration SKS it still has the barrel shortened. That is where it becomes fuzzy to me, partly because it IS a factory /26\ build.
Based on past conversations with a friend who is an ATF inspector the rifle would have to be in its original configuration as to its date of manufacture. That is not saying a lot these models have not been sold as C&R but when you get down deep into the details they do not pass the C&R test. Since the Paratrooper SKS was dreamed up by someone in marketing during the 80s I would have hard time accepting it as C&R.
My interpretation (which with $5 will get you a cup of coffee at Starbucks):
- US modified / bubba'd paratroopers can *never* be put back into original condition unless you rebarrel it. At 16.5", these will never be a C&R.
- China designed and purpose built 16" SKSs (SKSS, Polytech Hunter) with no military factory stamp (and their AK magazine accepting brethren for that matter): Become C&R 50 years after assigning a reasonably provable build/import date. For the unprovable ones, I'd say that the hard cut is going to be 50 years from the '94 import ban (2044).
- China modified 16" carbines built off military factory stamped and S/N'd receivers (most Navy Arms, Bricklee, K-Sports, & Century Paratroopers): Needs a determination from the BATF. Depending on the political environment at the time of the analysis, I could see them going either way. They could say that the original gun is modified and thus not applicable for C&R purposes, but one can also argue that a new gun was purpose built at the time the barrel was cut (especially for a heavily modified gun like a Briklee Hunter or Cowboy's Companion where it's clear the intent was to create a new gun with higher $$ value, not just a plain Jane SKS) and the 50 year/original configuration rule:
Quote from: https://www.atf.gov/firearms/curios-relicsFirearms 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.
is thus satisfied
Again, this is just my interperetation, but I personally would be confortable conducting a C&R transaction according to this set of criteria.
Thanks guys for the input. Had a guy ask on a Paratrooper I have up for sale, I told him no based on y'alls input and some from PAX. Never got into the C&R scene and my old brain ain't workin' as good as it used to so wasn't sure. Figured it was better to sound dumb than to actually be dumb, LOL.
Glad to be able to help. Your question was a very good one and quite understandable as the SKS does present a challenge sometimes when it comes to C&R status due to dating informaton and other issues.
To throw a wrench in the works, in Laymans book, although wrought with errors, has pictures of captured and DD-603 documented, AK mag fed Paratrooper length rifles with shortened bayos, no mag well inserts. So technically, any Paratrooper from arsenal /26\ of the right serial COULD possibly be C&R 8) PAX