Modified type 56 legal?

[Duffarmy]

Ok, new guy here, just posted in the intro section, so hopefully you saw that. My type 56 sks was in rough shape when I received it. The firing pin was warped and stuck in the out position, i couldn't remove it so I had no choice but to send it to Murray's and have the bolt modifor the spring loaded pin. So at the time I thought where I had changed that part I had to change others to be 992r compliment. Is this correct? My gas tube was also extremely loose so I changed it for a rifle tech tube and got a tapco piston. Also got the Murray's trigger group parts as they are on the approved list. The last thing I needed was a stock, so I got the Chote synthetic. The stock was a horrible fit, not to mention the LOP and grip angle change. I love all the dimensions of the original stock, so does some one make a synthetic one that fits just like the original? Or can I leave it in the original and still be legal? I do not want to Bubba this. I like original look, just didn't think my 56 was anything special. Sorry for the long post.

[running-man]

922(r) causes so much consternation among gun enthusiasts.  AK guys have to worry about it far more than SKS collectors do.  I find it somewhat comical, because most people often don't see the forest for trees.

Here is what 922(r) specifically says (emphasis mine):

(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply toâ€"
(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

So let's break it down:
You have a 3 million /26\.  This gun is a surplus semi-automatic military rifle.  By definition, surplus military rifles are usually non-sporting rifles.  Non-sporting rifles are not generally importable, but the catch is that this gun is importable is because it is a C&R; if you don't void the C&R status of this gun, you will be ok replacing anything you want.

So what leads to C&R status?  Here is a definition from BATF website (again emphasis mine):

To be recognized as a curio or relic, firearms must fall within one of the following categories:

(1) Firearms manufactured at least 50 years prior the current date, but not including replicas thereof;
(2) Firearms certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and
(3) Firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, or bizarre or from the fact of their association with some historical figure, period, or event.

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.

If the gun is in non-original military configuration, it doesn't have C&R status.  From letters to BATF, we know that things like these change the original military configuration and void the C&R status of an SKS:

• Aftermarket stocks.
• Irreversible modifications (cut barrel to 16", removal of gas system, removal of front sights, etc.)
• Replacement of the fixed magazine with a removable magazine.
• Replacement of the sights with a scope, permanent scope mounts, adding rails, etc.)

BATF has explicitly stated that certain things specifically do *not* void the C&R status of an SKS:

• (Temporary) removal of bayonet for ease of shooting provided the bayonet lug is not modified.
• Replacement of a broken or worn component with another component (either foreign or domestic made) that is essentially the same and does not alter the original configuration of the gun.

So, replacing a trashed firing pin with a Murray's spring pin is something that falls into a bit of a grey area.  If it was just a replacement pin dropped in you'd be golden, but the bolt FP channel needs to be reamed out to allow the spring to fit properly, permanently altering the gun.  I've heard opinions that go both way on this type of modification, but in general I don't think the spring loaded FP is much of change, especially since early Russian SKS45s have this feature.  Similar arguments could be made that original Russian TT-33s did not have safeties, yet all the newly imported TT-33s must have newly installed safeties on them (because of other conflicting & asinine BATF importation rules) yet they are still classified as C&R guns...

The cheese grater handguard...that's probably your bigger sticking point.  It's an aftermarket part and is fairly obvious that it was swapped out at some point after the gun was imported.  In my opinion, this does indeed change the C&R status of this gun...

My advice would be to get a replacement wooden handguard and swap out that cheese grater.  Leave everything else factory original and you are good to go IMO*. 

*of course, if you want to be 100% certain, you should ask the BATF for a specific determination for your exact case.

[Duffarmy]

running-man, thank you so much for your extremely informative response! You broke down 992r which is confusing at best and told me about my rifle. I guess I'll put the other parts on, already put a lot of money into this thing, wish I had found this site sooner. My last question would be about a stock, as mentioned earlier I have a Chote machine and tool stock that's a horrible fit and it was 75 bucks. Is there any body that makes a synthetic stock that is just like the original? Thank you again!

[firstchoice]

running-man, thank you so much for your extremely informative response! You broke down 992r which is confusing at best and told me about my rifle. I guess I'll put the other parts on, already put a lot of money into this thing, wish I had found this site sooner. My last question would be about a stock, as mentioned earlier I have a Chote machine and tool stock that's a horrible fit and it was 75 bucks. Is there any body that makes a synthetic stock that is just like the original? Thank you again!

What is wrong with your original stock? I think it looks great as it sits. Am I missing a crack or something not shown? My personal opinion is...change out the cheesegrater Upper Hand Guard for a matching color/grain wooden UHG, and you're good to go. Original configuration on these rifles works! The Murray FP and spring have been fitted into many a SKS, and I've heard of nobody being carted off to Leavenworth for doing it yet.

To be sure...this is your rifle and your freedom you're dealing with here. If you have any reservations about the FP, refer your questions to your local BATFE office for a clear-as-mud answer. 

If you don't have any handguards to choose from to try and color match, let me know. I have about 20 or so of different shades and grains to choose from.

You should be able to sell your Choate stock on a gun website or forum easy enough. I think there's a certain number of posts required before a member can use the Marketplace for it's BUY/SELL/TRADE sections. It's a great place to get what you need, sell what you don't need, and trade for something better. Just make sure that you hold onto the original matching serial numbered wood stock, if you do end up finding another replacement stock that you fancy for whatever reason. Always keep all the original pieces!

Hope you find what you're looking for! I think it's a great battle-worn rifle with lots of "character" that tends to endear a rifle to the owner's heart.

firstchoice