SKS and 922r...

[Kiln]

I know a little about the 922r compliance and how it effects the SKS.

A buddy of mine bought an SKS with various modifications and mixed parts. There's no way I can tell if it is legal or not in it's current state and it'd be costly to rebuild the gun around 922r compliance, especially given that I've never heard of someone getting prosecuted for it.

My question is not about the compliance itself but rather how likely it is that that you'll ever actually get into any kind of trouble over possessing a non compliant rifle?

My thought is that it is highly unlikely and probably never really happens. Is this one of those obscure laws that never gets enforced?

 

[IdahoSkies]

For all thoughts SKS, especially 922r, please check out the wealth of information at:

http://www.sksboards.com/smf/index.php

If it is not there already, some one there will have an answer.

 

[justice06rr]

99% of the time you will not be prosecuted for not following 922r. Just don't do anything stupid to attract the ATF or any local cops attention and you should be good to go.

I've had 2 SKS rifles, a Chinese and a Yugo. I modified the Yugo with the Tapco stock and added the Promag magazine. I'm pretty sure the Yugo is still not within 922r yet, but I ended up trading the Yugo for a handgun.

If you want to be 100% safe and not fall into the 1% category that may get lynched for 922r(which is highly unlikely), then follow the rules on modifiying the SKS.

 

[mljdeckard]

As I understand it, it is illegal to actually MAKE the mods illegally. It doesn't say it is illegal to POSSESS the gun.

all of my Tapco parts are clearly marked as U.S. made.

 

[Tejicano Loco]

IANAL but as I understand it the BATFE is not likely to prosecute somebody for a 922(r) violation but they will most probably confiscate it if push comes to shove and there is a reason to believe it is not in compliance.

I was lucky to find an SKS which was missing the imported stock, gas piston, handguard, and magazine - for $100. So for a few cheap, US made parts I could build it up in compliant form. I would actually prefer one of the star-marked, 20 round, non-detachable magazines but those have been hard to find recently.

 

[Sam1911]

As mljdeckard said, 922(r) covers MAKING the weapon. (Which includes modifying it, i.e. making it into the new configuration.)

If you've just bought the gun as-is, there doesn't seem to be any possible penalty against you, even in the seemingly galactically rare instance of a 922(r) prosecution.

As far as confiscating it? I've not heard of any 922(r) confiscations going on...nor of anyone, anywhere having their collection inspected by ATF examiners looking for 922(r) violations. Heck, even dealers, who do face inspections, have not reported any of their inspectors looking at their guns for 922(r) violations or even knowing what that would entail.

 

[wally]

Its a ridiculous law and would likely set the gun control movement back a lot if it ever went before a jury. When swapping parts is defined as "manufacturing" it quickly degenerates to "he said she said" unless there is a witness to the actual parts swapping.

The real effects are on the importers, it stopped a lot of nice guns from coming in which was the real purpose.

 

[jimmyraythomason]

If the Feds ever do decide to enforce 922(r) they will be busy for a while! You can find any number of illegally modified SKSs and Saigas for sale or trade on Facebook forums COMPLETE WITH PICTURES! I'm on over 40 such buy/sell/trade sites and they ALL have at least one. Those sites dedicated to the SKS are full of them.

 

[wally]

illegally modified SKSs and Saigas for sale or trade on Facebook forums COMPLETE WITH PICTURES!

Kind of hard to tell where parts were made by just looking at them. If its marked USA it helps, but there is no requirement to mark gun parts other than the receiver. It would be like saying California dope is legal to posses but Mexican dope is not.

 

[jimmyraythomason]

Kind of hard to tell where parts were made by just looking at them.

These are obviously not modified with American made parts unless they are all internal which is very unlikely. I have pointed out to some of the posters that they are non-compliant and MOST have never heard of 18 U.S.922(r).

 

[henschman]

As others have said, 922(r) only applies to the manufacture of the rifle. If you bought it that way, don't worry about it. Hell, it's not really worth worrying about anyway IMO.

 

[jimmyraythomason]

As others have said, 922(r) only applies to the manufacture of the rifle.

So every time you remove the 30 round magazine and re-install it is a new violation?

 

[Sam1911]

Yup. Certainly could be, and would be based on BATFE's interpretation.

 

[SuedePflow]

I once asked this same question and was told that as long as specific attention isn't shed on it, that it will always be a non-issue.

That being said, after installing the stock and detachable magazine that I wanted, I found I was only one part away from being compliant anyway. So I ponied up $20 for a nice SS US-made gas piston on eBay and now I don't have to worry about any potential issues.

 

[BSA1]

922r is a bureaucrats dream, complicated, poorly written and confusing. The real beauty of it is when inspecting the gun is trying to determine what county the part(s) where made in unless they are stamped which could even be disputed.

 

[Tejicano Loco]

"So I ponied up $20 for a nice SS US-made gas piston on eBay and now I don't have to worry about any potential issues."

Here is the point which I see with this issue which I believe the Feds would use if they ever did want to start enforcing this.

Anybody who wouldn't spend about a hundred dollars - often less - to ensure their rifle is compliant is not likely to spend several thousands of dollars in legal fees to get back a confiscated rifle. It wouldn't be enforcement of the regulation in the specific case of your rifle as much as sending a message to the gun community - and getting PR for "rounding up illegal assault weapons".

 

[Sam1911]

Anybody who wouldn't spend about a hundred dollars - often less - to ensure their rifle is compliant is not likely to spend several thousands of dollars in legal fees to get back a confiscated rifle.

Does the ATF go around confiscating guns and leaving the former owners to go free? Seems if they're going to confiscate a GUN, their justification will be that there is a criminal case against the OWNER. So it wouldn't be thousands of dollars in legal fees to get back your GUN, but tens of thousands of legal fees to get your BUTT out of JAIL. So, yeah, folks are going to fight that.

Confiscating a gun without charging you with a crime would appear to be an illegal taking.

It wouldn't be enforcement of the regulation in the specific case of your rifle as much as sending a message to the gun community - and getting PR for "rounding up illegal assault weapons".

Sending a message of what? That we aren't going to prosecute YOU but we're going to take your gun? I don't believe there's an instance where it would or could ever work that way.

Do you know of any illegally modified guns that were ever confiscated but the owners were not found to be breaking the law by having them?

 

[Kiln]

Thanks guys you pretty much answered my question. I'm just going to say "don't worry about it" and call it good. Mine is compliant but honestly I doubt it matters at all.

 

[Ignition Override]

There is no way to determine whether your SKS, when imported, originally had a bayonet, or not. And the bayonets don't seem to have a serial number.

With the 'allegedly' federal laws broken by the ATF during the Fast And Furious campaign, small details on a sporting rifle should continue to have the lowest profile, unless somebody is already being investigated for a Real felony.