Questions about 922r compliance with SKS stock change...

[MIL-DOT]

Hey guys, I'm looking at a SKS Paratrooper model on the local used market, that has a US-made Choate fiberglass stock on it. I was reading a thread on SKS Boards where several guys told a poster that by merely adding one of these stocks, he would run afoul of 922r, and that he needed to change a couple more parts to be compliant.
But then in another thread,another poster was told that by keeping the original 10-rd mag (versus adding a 30-rounder), and removing the bayonet, he could still use a one-piece (non pistol gripped) after-market stock, without being in violation of anything.
BTW, I thought I was a member there from way back, so I tried to have them send me my membership info I'd long since forgotten (so i could post the question there), but it never showed up. So ,I tried to register as a new member, and was told my e-mail address was already in use, so I'm kinda jammed up over there.
As always, any solid info is much appreciated.......


edit: after more digging around, it seems that this rifle is legal, if it's a simple (non pistol grip) stock change, that doesn't include a swap to any detachable or hi-cap magazine, and the bayonet is removed. At least,that's what i THINK the deal is.

 

[wally]

Any examples out there of an individual being prosecuted for 922r violations?

With only a stock change if it came to you that way you were not the "manufacturer". If push came to shove, it'd seem a classic he-said she-said unless it could be proved you also purchased the stock.

 

[64Chevy]

http://www.tapco.com/section922r/
As long as no more than 10 parts on the BATFE list are import, you're good. That includes the mag body, base plate, and follower. The above link details it much better than I could!

 

[gazpacho]

I prefer this 922r calculator:

http://jobson.us/922r/

"Manufacturer" does not appear in the relevant code. Therefore, if you field strip the SKS and then reassemble it, you are in 922r territory.

 

[jonnyc]

"Any examples out there of an individual being prosecuted for 922r violations?"

The answer to this question provides the answer to most 922-relevant questions.

 

[HOOfan_1]

If I am reading the law correctly, you might not have to be concerned with 922r...depending on when the SKS was imported into the US

(b) The provisions of this section shall not apply to:

(1) The assembly of 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 such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of Sec. 178.151; or

(3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

 

[Sam1911]

http://www.thehighroad.org/showthread.php?p=6348002#post6348002

A pretty detailed thread on the subject.

In the end it comes down to the parts count. And it also may come down to whether YOU did the work to change it.



However, regarding posts 2 and 5, whether you think you'll be prosecuted (or not) for violating the law isn't a factor in this.

 

[MIL-DOT]

In the end it comes down to the p...lay it as safe and legal as humanly possible.

 

[wally]

I generally like to keep a copy of the original ad, with photos, from any used gun I get off the classified sites,so in this case, I can easily verify that i got this rifle with the after-market stock already on it

Innocent until proven guilty is still the law of the land, when this is no longer true then we will need put up or shut up about the 2nd Amendment and restoring the Constitution's original intent.

 

[gazpacho]

"Innocent until proven guilty" has been transformed into "innocent until proven bankrupt."

 

[jimmyraythomason]

Innocent until proven guilty is still the law of the land

Ever had to deal with the IRS? Another example; Did you know that as an HVAC technician you MUST have a refrigerant recycling machine or you will be charged with releasing refrigerant into the atmosphere which is a felony? The government is under no obligation to prove that you did. It is on you to prove that you didn't. This is just 2 examples of "guilty until proven innocent".