Quick help on an SKS

tholmes721 · Aug 4, 2014

Greetings everyone, I mostly lurk and rarely post but was hoping for some quick validation on the legality of inheriting an SKS from my uncle that recently passed away.

My Aunt doesnt have much info on the rifle, but believes it to be an SKS 7.62X37. The rifle is currently in Missouri and I was hoping to hear from the folks here on whether this is a simple FFL transfer to a dealer here, or even legal to own after all the law changes.

I've added a link to the picture she sent me if it helps at all.

Thanks in advance for any help!

https://plus.google.com/photos/110364058660457833831/albums/6043715178815228561

87Theworld · Aug 4, 2014

Call your FFL to confirm I'm pretty sure it's still legal in their original configuration, but not with the Tapco magazine mod.

87Theworld · Aug 4, 2014

You should have the mods move this to the rifles section.

Half-cocked · Aug 4, 2014

It appears to have been modified to accept detachable magazines.

In this configuration, it is no longer transferable in (or to) Maryland.

However, IF it can be restored to its original configuration, with the fixed 10-round magazine, it can be legally transferred to a Maryland resident.

SRD · Aug 4, 2014

Half-cocked said:
It appears to have been modified to accept detachable magazines.

In this configuration, it is no longer transferable in (or to) Maryland.

However, IF it can be restored to its original configuration, with the fixed 10-round magazine, it can be legally transferred to a Maryland resident.

I wonder if it were removed from the current stock,if it would then be legal??

tholmes721 · Aug 4, 2014

Great catch Half-Cocked! It does sound like it was modified at some point for removeable magazines and not something I even thought to ask about. Thanks for your reply!

Vile Shadow · Aug 4, 2014

Half-cocked said:
It appears to have been modified to accept detachable magazines.

In this configuration, it is no longer transferable in (or to) Maryland.

However, IF it can be restored to its original configuration, with the fixed 10-round magazine, it can be legally transferred to a Maryland resident.

Wait a minute. He did say he's inheriting this thing. A banned firearm is transferable upon death.

smdub · Aug 5, 2014

I don't think it was modified. I have one of those tapco mags and fitted it to my SKSs long ago just to try it. IIRC there wasn't anything involved beyond removing the orig and putting the tapco in. Def no modification to the guns. Just find an orig mag and put it on = not banned. If it isn't an SKS M or D or have a fixed mag over 10 rounds (as there are 20s avail) then its not a banned SKS. That stock has nothing to do w/ it.

Sling Blade, good catch on the inheritance thing!

Half-cocked · Aug 5, 2014

Sling Blade said:
Wait a minute. He did say he's inheriting this thing. A banned firearm is transferable upon death.

!!!

I can't believe I overlooked that.... you're absolutely correct.

What about magazines? I don't seem to remember an inheritance exemption for magazines >10 rounds. He could bring them into MD himself, but an FFL probably isn't going to have any part of transferring them with the firearm.

Half-cocked · Aug 5, 2014

I PM'ed the OP to let him know, I feel guilty that I gave him bad advice....

BTW, IF you can restore this SKS to its original state with a fixed magazine, it will still make it easier to transfer, as there won't be any MSP involvement in the paperwork/registration. The drawback to this would be that you couldn't legally change it back again to a 'banned' configuration, while living in Maryland.

Pinecone · Aug 6, 2014

About the inheritance, was the rifle given to HIM by the will, or did the Aunt inherit it and want to give it too him.

BIG difference.

Half-cocked · Aug 6, 2014

Pinecone said:
About the inheritance, was the rifle given to HIM by the will, or did the Aunt inherit it and want to give it too him.

BIG difference.

IANAL, but if the aunt is the executor (almost a certainty) she can lawfully designate anyone a beneficiary of the uncle's property, regardless of whether or not it was explicitly bequeathed in a will.

Oh, and according to the text of SB281, magazines >10 rounds ARE inheritable, as well.

Vile Shadow · Aug 6, 2014

Half-cocked said:
!!!

I can't believe I overlooked that.... you're absolutely correct.

What about magazines? I don't seem to remember an inheritance exemption for magazines >10 rounds. He could bring them into MD himself, but an FFL probably isn't going to have any part of transferring them with the firearm.

The FFL need not even know about the mags. All they should be concerned with is the rifle.

Half-cocked said:
I PM'ed the OP to let him know, I feel guilty that I gave him bad advice....

Don't sweat it, partner. Nobody's perfect. Look at it this way. We backed each other up.

BTW, IF you can restore this SKS to its original state with a fixed magazine, it will still make it easier to transfer, as there won't be any MSP involvement in the paperwork/registration. The drawback to this would be that you couldn't legally change it back again to a 'banned' configuration, while living in Maryland.

I personally would rather have it in it's original state for historical value. But it's his call. He can always buy another original.

Quick help on an SKS

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