Adding a scope might not be a violation of the C&R status if you alter the rifle to where it could be importable as a sporting rifle. Here is a letter to the BATF and their response. The guy wanted to add a muzzle break,a scope, change the stock and add a bipod. Also I have 2 california legal yugos that have been altered by two different companies (century arms and interordnance) so they could be sold in cali. Heres the letters:
Bureau of Alcohol Tobacco and Firearms
May 13, 2003
To Whom It May Concern:
I have a question regarding a rifle that I recently purchased. The rifle is a Yugo 59/66 SKS. The original rifle is equipped with a bayonet (w/lug), a grenade launcher (threaded muzzle), a fixed (non-detachable) ten-round magazine, and a wooden stock. It is currently legal as a C&R rifle and was bought legally through an FFL.
After reading over the current laws on imported rifles I have come up with a few questions. It is unclear to me exactly what is considered legal on this rifle and I would like to have a response from an official government source so that I can stay within the confines of the law.
I want to leave my SKS with the original ten-round, non-detachable magazine. From what I have read, this would NOT qualify my rifle as an assault rifle that was subject to the laws prohibiting:
1) Folding or telescoping stock.
2) A pistol grip that protrudes suspiciously below the rifle.
3) A bayonet lug.
4) A flash suppressor or threaded barrel meant to hold a flash suppressor.
5) A grenade launcher.
Since my Yugo SKS is NOT subject to the above stipulations because of the fact that I want to keep the non-detachable ten-round magazine, it appears to me that it is subject to the law regarding the assembly of any rifle that is identical to a prohibited from importation. This law requires that the rifle contain ten or less imported parts. I find it rather ambiguous that the word “identical†is used in this law. I would like for you to clarify whether this implies identical in form or identical in function?
In its original form my Yugo SKS has more than ten imported parts on it, but is legal as a C&R rifle. What I would like to do is modify my rifle by installing a new stock. The intent of adding the stock is for sporting and target shooting purposes. It is unclear to me, given the ambiguity of the law, whether it is legal or not to replace the stock, as the stock that I want to install would not make the SKS similar to a prohibited rifle, as no SKS rifles are manufactured with a Druganov stock. I also would like to replace the grenade launcher with a sporting muzzle break (non-flash suppressor type). In addition, I would like to add a non-permanent, swivel stud attached sporting bipod.
Here is the configuration that I would like to use for my Yugo SKS. Could you please tell me if the following configuration would be legal on a rifle used for sporting and target shooting.
A Yugo SKS 59/66 with the following:
1) A synthetic druganov style pistol grip stock replacing the wooden stock. (Made in the USA)
2) Synthetic handguard. (Made in USA)
3) No bayonet attached, but still has the bayonet lug. (Original)
4) Grenade launcher removed and replaced with threaded, attached, sporting muzzle break (non flash suppressor type). (Made in the USA)
5) A fully removable swivel stud attached sporting bipod. (Made in the USA)
6) Original ten-round non-detachable magazine. (Original)
7) Receiver cover mount with scope rings and scope. (Made in the USA Receiver Cover) (Chinese Scope)
I reside in the state of Michigan.
I would appreciate a response and an explanation for the legality/illegality of the rifle.
Thank you
Full BATF Response:
Dear Mr. XXXX:
This refers to your letter of May 13, 2003, to the Bureau of Alcohol, Tobacco, and Firearms and Explosives (ATF) in which you ask about modifications to your Yugoslavian M59/66 (SKS style) rifle.
If the rifle has an original fixed, non-detachable magazine, it would not be a prohibited semiautomatic assault weapon as defined in section 921 (a) (30) of Title 18, United States Code (U.S.C.). However, alterations to the rifle may still be prohibited under section 922(r) of Title 18, U.S.C.. Section 922 (r) prohibits assembly of certain semiautomatic rifles from imported parts. The implementing regulations in Title 27, Code of Federal Regulations (CFR), Part 478, section 478.39 (formerly part 178, section 178.39) provide, in part, that no such person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925 (d)(3) as not being particularly suitable or readily adaptable to sporting purposes. Paragraph (c) includes a list of 20 parts that may be found in a shotgun or rifle.
As you describe, the modified M59/66 would have:
-A synthetic Druganov style stock
-A synthetic handguard
-A bayonet mount, but no bayonet
-No grenade launcher
-A threaded muzzle and a sporting muzzle brake, not a flash suppressor
-A detachable bipod mount
-Original 10 round non-detachable magazine
-Receiver cover with scope mount
Since the rifle would no longer be in its original military configuration, it would no longer be suitable for importation as a curio or relic under the provisions of 18 U.S.C. section 925(e).
It is our opinion that the rifle as described above "would" (my quotes) qualify for importation as a sporting firearm under section 925(d)(3) if there were no threads on the barrel or if the muzzle brake were permanently attached by welding or high temperature (1,100 degree F) silver solder. If the rifle has a threaded muzzle it would not be approved for importation and the assembly would be prohibited under section 922(r)
Sincerely Yours,
Sterling Nixon
Chief, Firearms Technology Branch